{"id":"F2024L00323","name":"A New Tax System (Family Assistance) (Pacific Australia Labour Mobility Scheme—Family Tax Benefit) Determination 2024","slug":"a-new-tax-system-family-assistance-pacific-australia-labour-mobility-scheme-family-tax-benefit-deter","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442316,"registerId":"F2024L00323-fast-fetch-1775957356080","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"A New Tax System (Family Assistance) (Pacific Australia Labour Mobility Scheme—Family Tax Benefit) Determination 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-keywords: \"[SEC=OFFICIAL]\"\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nA New Tax System (Family Assistance) (Pacific Australia Labour Mobility Scheme—Family Tax Benefit) Determination 2024\n\nI, Amanda Rishworth, Minister for Social Services, make the following determination.\n\nDated 13.03.2024\n\nAmanda Rishworth\n\nMinister for Social Services\n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 Eligibility for family tax benefit—prescribed classes of individuals\n\n6 Waiting periods—prescribed kinds of visa\n\n1  Name\n\n  This instrument is the A New Tax System (Family Assistance) (Pacific Australia Labour Mobility Scheme—Family Tax Benefit) Determination 2024.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 19 March 2024\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subsections 21(1C) and 61AA(5B) of the A New Tax System (Family Assistance) Act 1999.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the A New Tax System (Family Assistance) Act 1999.\n\nmember of the family unit of a person has the same meaning as in the Migration Act 1958.\n\n5  Eligibility for family tax benefit—prescribed classes of individuals\n\n  For the purposes of paragraph 21(1C)(b) of the Act, the classes of individuals determined for the purposes of paragraph 21(1B)(c) of the Act are:\n\n (a) persons who have been approved by a Department, in the course of administering the Pacific Australia Labour Mobility scheme, to bring members of the family unit of the person to Australia; and\n\n (b) members of the family unit of such persons.\n\n6  Waiting periods—prescribed kinds of visas\n\n  For the purposes of subsection 61AA(5B) of the Act, the kinds of visas determined for the purposes of paragraphs 61AA(4A)(b) and (5A)(a) of the Act are the following:\n\n (a) a visa referred to in regulations under the Migration Act 1958 as a Subclass 403 (Temporary Work (International Relations)) visa in the Pacific Labour Scheme stream;\n\n (b) a visa referred to in those regulations as a Subclass 403 (Temporary Work (International Relations)) visa in the Pacific Australia Labour Mobility stream.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This determination performs exactly the limited function it was designed for: prescribing specific visa subclasses and classes of individuals for Family Tax Benefit purposes under the PALM scheme. It does not expand beyond the original intent of the enabling provisions (sections 21(1C) and 61AA(5B) of the Family Assistance Act)."},"complexity_factors":["Extremely short instrument — only 6 sections spanning approximately 1 page","Minimal defined terms — only 2 definitions in section 4 ('Act' and 'member of the family unit')","No nested exceptions or conditional logic — straightforward eligibility criteria","No cross-references to other legislation beyond the enabling Act and Migration Act 1958","Simple structure: name, commencement, authority, definitions, then two operative provisions","No transitional provisions, sunset clauses, or complex machinery provisions"],"plain_english_summary":"This determination allows workers who come to Australia under the Pacific Australia Labour Mobility (PALM) scheme and their accompanying spouses and children to receive Family Tax Benefit while in Australia. It removes the usual exclusion for temporary work visa holders, easing family financial burden and supporting PALM participation by aligning their family support with other working households."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument extends the Family Tax Benefit framework to persons approved by the Department to bring family under the PALM scheme and to their family members, and it specifies two Subclass 403 visa streams as the relevant visa kinds for waiting‑period rules, thereby altering which migrants and visa-holders fall within the Act’s eligibility and waiting-period regime (ss5–6)."},"complexity_factors":["Narrow, targeted scope affecting a defined cohort (PALM-approved persons and their family units) (s5)","Cross-references to primary statutes (A New Tax System (Family Assistance) Act 1999 and Migration Act 1958) require consulting other instruments (ss3–4)","Administrative discretion: eligibility depends on Department approval when administering the PALM scheme (s5(a))","Visa-specific linkage: waiting-period treatment depends on particular Subclass 403 streams defined in migration regulations (s6)","Simple commencement and formal structure but legal effect depends on interaction with existing FTB rules and waiting-period provisions (s2, ss5–6)"],"plain_english_summary":"This determination makes people approved under the Pacific Australia Labour Mobility (PALM) scheme to bring family to Australia, and their family members, classes eligible for Family Tax Benefit purposes (s5). It also specifies two Subclass 403 visa streams in the Pacific Labour and Pacific Australia Labour Mobility streams as the visa kinds that attract the Act’s waiting‑period rules (s6).\n\nThe Department’s approval is the gatekeeper for eligibility; the measure ties entitlement and waiting‑period treatment to specific visa definitions, creating administrative discretion and a compliance check (s5–6)."}},"importantCases":[],"_links":{"self":"/api/acts/a-new-tax-system-family-assistance-pacific-australia-labour-mobility-scheme-family-tax-benefit-deter","history":"/api/acts/a-new-tax-system-family-assistance-pacific-australia-labour-mobility-scheme-family-tax-benefit-deter/history","analysis":"/api/acts/a-new-tax-system-family-assistance-pacific-australia-labour-mobility-scheme-family-tax-benefit-deter/analysis","conflicts":"/api/acts/a-new-tax-system-family-assistance-pacific-australia-labour-mobility-scheme-family-tax-benefit-deter/conflicts","importantCases":"/api/acts/a-new-tax-system-family-assistance-pacific-australia-labour-mobility-scheme-family-tax-benefit-deter/important-cases","documents":"/api/acts/a-new-tax-system-family-assistance-pacific-australia-labour-mobility-scheme-family-tax-benefit-deter/documents"}}