Paid Parental Leave Act. Australia

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      (b) if the day is on or after an indexation day (the relevant indexation day) but before the next indexation day — the indexed amount on the relevant indexation day worked out under Subdivision B.

      Subdivision B — Indexation of the PPL income limit

      42 Indexation of the PPL income limit

      (1) The amount of the PPL income limit in section 41 is to be indexed under this Subdivision on 1 July each year (the indexation day) starting on 1 July 2014.

      Working out the indexed amount for the PPL income limit

      (2) This is how to work out the indexed amountfor the PPL income limit on the indexation day:

      Method statement

      Step 1. Work out the amount (the previous amount) for the PPL income limit that applied on the day immediately before the indexation day.

      Step 2. Use section 43 to work out the indexation factor on the indexation day.

      Step 3. Multiply the previous amount by the indexation factor: the result is the provisional indexed amount.

      Step 4. Use section 44 to round off the provisional indexed amount: the result is the indexed amount.

      43 The indexation factor

      (1) The indexation factoris worked out using the following formula and applying subsections (2) and (3):

      where:

      base December quarter means the December quarter that has the highest index number of the December quarters before the reference December quarter (but not earlier than the December quarter 2007).

      index number, for a quarter, means the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician in relation to that quarter.

      reference December quarter means the last December quarter before the indexation day.

      (2) The indexation factor is to be worked out to 3 decimal places, but increased by 0.001 if the fourth decimal place is more than 4.

      (3) If an indexation factor worked out under subsections (1) and (2) would be less than 1, that indexation factor is to be increased to 1.

      Changes to CPI reference base and publication of substituted index numbers

      (4) Amounts are to be worked out under this section:

      (a) using only the index numbers published in terms of the most recently published reference base for the Consumer Price Index; and

      (b) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the reference base).

      44 Rounding off indexed amounts

      (1) If a provisional indexed amount is a multiple of $1.00, the provisional indexed amount becomes the indexed amount.

      (2) If a provisional indexed amount is not a multiple of $1.00, the indexed amount is the provisional indexed amount rounded up or down to the nearest multiple of $1.00.

      (3) If a provisional indexed amount is not a multiple of $1.00 but is a multiple of $0.50, the indexed amount is the provisional indexed amount rounded up to the nearest multiple of $1.00.

      Division 5—The Australian residency test

      45 When a person satisfies the Australian residency test

      (1) A person satisfies the Australian residency test on a day if, on that day, the person:

      (a) is an Australian resident; or

      (b) is a special category visa holder residing in Australia; or

      (c) satisfies subsection (2).

      When a person satisfies this subsection

      (2) A person satisfies this subsection if the person is the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the Social Security Act, and either of the following applies:

      (a) the person is in Australia;

      (b) the person:

      (i) is temporarily absent from Australia for not more than 13 weeks; and

      (ii) the absence is an allowable absence in relation to special benefit within the meaning of Part 4.2 of that Act.

      46 Effect of absence from Australia on Australian residency test

      (1) Despite section 45, a person does not satisfy the Australian residency test on a day (the relevant day) if:

      (a) before the relevant day, the person left Australia; and

      (b) on the relevant day, the person has been absent from Australia for more than 3 years since the day the person left Australia.

      Effect of a person’s return to Australia within 3 years

      (2) If:

      (a) a person who has been absent from Australia for more than 13 weeks, but not more than 3 years, returns to Australia; and

      (b) the person leaves Australia again less than 13 weeks later;

      then the person is taken not to have returned to Australia for the purposes of subsection (1).

      Effect of a person’s return to Australia after 3 years

      (3) If:

      (a) a person satisfies the Australian residency test while the person is absent from Australia; and

      (b) the person then ceases to satisfy the Australian residency test because of the application of subsection (1) or a previous application of this subsection; and

      (c) the person returns to Australia; and

      (d) the person leaves Australia again less than 13 weeks later;

      then, despite section 45, the person does not satisfy the Australian residency test at any time during:

      (e) the person’s return to Australia referred to in paragraph (c); or

      (f) the person’s absence from Australia referred to in paragraph (d).

      Division 6—Primary carer

      47 When СКАЧАТЬ