Coronavirus Economic Response Package Omnibus Act 2020 (Cth)

Coronavirus Economic Response Package Omnibus Act 2020 No. 22, 2020 Compilation No. 1 Compilation date: 25 March 2020 Includes amendments up to: Act No. 38, 2020 Registered: 23 April 2020 About this compilation This compilation This is a compilation of the Coronavirus Economic Response Package Omnibus Act 2020 that shows the text of the law as amended and in force on 25 March 2020 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Enhancing the instant asset write‑off Income Tax Assessment Act 1997 Income Tax (Transitional Provisions) Act 1997 Schedule 2—Backing business investment Income Tax Assessment Act 1997 Income Tax (Transitional Provisions) Act 1997 Schedule 3—Boosting cash flow for employers Income Tax Assessment Act 1997 Social Security Act 1991 Taxation Administration Act 1953 Veterans' Entitlements Act 1986 Schedule 4—Stimulus payments to households to support growth A New Tax System (Family Assistance) Act 1999 A New Tax System (Family Assistance) (Administration) Act 1999 Income Tax Assessment Act 1997 Social Security Act 1991 Social Security (Administration) Act 1999 Veterans' Entitlements Act 1986 Schedule 5—Delegation by Director of Human Biosecurity Biosecurity Act 2015 Schedule 6—Environmental management charges Great Barrier Reef Marine Park Regulations 2019 Schedule 7—Assistance for apprentices and trainees and the aviation sector Part 1—Education, Skills and Employment programs Financial Framework (Supplementary Powers) Regulations 1997 Part 2—Infrastructure, Transport, Regional Development and Communications programs Financial Framework (Supplementary Powers) Regulations 1997 Schedule 8—Providing flexibility in the Corporations Act Corporations Act 2001 Schedule 9—Child care A New Tax System (Family Assistance) Act 1999 A New Tax System (Family Assistance) (Administration) Act 1999 Schedule 10—Superannuation drawdowns Retirement Savings Accounts Regulations 1997 Superannuation Industry (Supervision) Regulations 1994 Schedule 11—Additional support for income support recipients Part 1—Main amendments Farm Household Support Act 2014 Social Security Act 1991 Part 2—Other amendments Social Services and Other Legislation Amendment (Simplifying Income Reporting and Other Measures) Act 2020 Schedule 12—Temporary relief for financially distressed individuals and businesses Part 1—Amendments relating to individuals in financial distress Bankruptcy Act 1966 Bankruptcy Regulations 1996 Part 2—Amendments relating to businesses in financial distress Corporations Act 2001 Corporations Regulations 2001 Part 3—Temporary relief for directors from duty to prevent insolvent trading Corporations Act 2001 Schedule 13—Early release of superannuation Income Tax (Transitional Provisions) Act 1997 Retirement Savings Accounts Regulations 1997 Superannuation Industry (Supervision) Regulations 1994 Schedule 14—Medicare levy and Medicare levy surcharge income thresholds A New Tax System (Medicare Levy Surcharge—Fringe Benefits) Act 1999 Medicare Levy Act 1986 Schedule 15—Intergenerational report Charter of Budget Honesty Act 1998 Schedule 16—Deferral of sunsetting Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to provide an economic response, and deal with other matters, relating to the coronavirus, and for related purposes 1 Short title This Act is the Coronavirus Economic Response Package Omnibus Act 2020. 2 Commencement (1) Each provision of this Act 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. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 24 March 2020 2. Schedules 1 and 2 The day after this Act receives the Royal Assent. 25 March 2020 3. Schedule 3 At the same time as the Boosting Cash Flow for Employers (Coronavirus Economic Response Package) Act 2020 commences. 24 March 2020 4. Schedules 4 and 5 The day after this Act receives the Royal Assent. 25 March 2020 5. Schedule 6 1 April 2020. 1 April 2020 6. Schedules 7 to 10 The day after this Act receives the Royal Assent. 25 March 2020 7. Schedule 11 The day after this Act receives the Royal Assent. 25 March 2020 8. Schedules 12 to 16 The day after this Act receives the Royal Assent. 25 March 2020 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Note: The provisions of a legislative instrument (the principal instrument) amended or inserted by this Act, and any other provisions of the principal instrument, may be amended or repealed by a legislative instrument made under the enabling provision for the principal instrument (see subsection 13(5) of the Legislation Act 2003). Schedule 1—Enhancing the instant asset write‑off Income Tax Assessment Act 1997 1 Section 40‑82 (heading) Omit "$30,000", substitute "$150,000". 2 Paragraph 40‑82(1)(a) After "businesses)", insert ", or by subsection (4A) (about medium sized businesses and certain assets) in relation to the asset,". 3 Paragraph 40‑82(1)(d) Repeal the paragraph, substitute: (d) the asset is a depreciating asset whose *cost as at the end of the current year is less than: (i) if you start to use the asset, or have it installed ready for use, for a taxable purpose in the period beginning on 12 March 2020 and ending on 30 June 2020—$150,000; or (ii) otherwise—$30,000. 4 Paragraph 40‑82(3)(a) After "businesses)", insert ", or by subsection (4B) (about medium sized businesses and certain amounts) in relation to the amount,". 5 Paragraph 40‑82(3)(b) Repeal the paragraph, substitute: (b) the amount so included is less than: (i) if the amount is included in the period beginning on 12 March 2020 and ending on 30 June 2020—$150,000; or (ii) otherwise—$30,000; and 6 After subsection 40‑82(4) Insert: (4A) An entity is covered by this subsection for an income year in relation to an asset mentioned in subsection (1) if: (a) the entity starts to use the asset, or has the asset *installed ready for use, for a *taxable purpose in the period beginning on 12 March 2020 and ending on 30 June 2020; and (b) the entity is not a *small business entity for the income year; and (c) the entity would be a small business entity for the income year if: (i) each reference in Subdivision 328‑C (about what is a small business entity) to $10 million were instead a reference to $500 million; and (ii) the reference in paragraph 328‑110(5)(b) to a small business entity were instead a reference to an entity covered by this subsection in relation to the asset. (4B) An entity is covered by this subsection for an income year in relation to an amount included as mentioned in subsection (3) if: (a) the amount is so included in the period beginning on 12 March 2020 and ending on 30 June 2020; and (b) the entity is not a *small business entity for the income year; and (c) the entity would be a small business entity for the income year if: (i) each reference in Subdivision 328‑C (about what is a small business entity) to $10 million were instead a reference to $500 million; and (ii) the reference in paragraph 328‑110(5)(b) to a small business entity were instead a reference to an entity covered by this subsection in relation to the amount. 7 Subsection 40‑425(7A) Omit "less than $30,000", substitute "below a threshold". 8 Paragraph 328‑180(1)(b) (note) Omit "$25,000 or $30,000", substitute "$25,000, $30,000 or $150,000". 9 Paragraph 328‑180(2)(a) (note) Omit "$25,000 or $30,000", substitute "$25,000, $30,000 or $150,000". 10 Paragraph 328‑180(3)(a) (note) Omit "$25,000 or $30,000", substitute "$25,000, $30,000 or $150,000". 11 Subsection 328‑210(1) (note 2) Omit "$25,000 or $30,000", substitute "$25,000, $30,000 or $150,000". 12 Subsection 328‑250(1) (note) Omit "$25,000 or $30,000", substitute "$25,000, $30,000 or $150,000". 13 Subsection 328‑250(4) (note) Omit "$25,000 or $30,000", substitute "$25,000, $30,000 or $150,000". 14 Subsection 328‑253(4) (note) Omit "$25,000 or $30,000", substitute "$25,000, $30,000 or $150,000". Income Tax (Transitional Provisions) Act 1997 15 Subsection 328‑180(1) Insert: 2020 announcement time means the start of 12 March 2020. 16 Subparagraphs 328‑180(4)(c)(i) and (ii) Omit "on or before 30 June 2020", substitute "before the 2020 announcement time". 17 At the end of subsection 328‑180(4) Add: ; or (d) were a reference to $150,000, if you first acquired the asset at or after the 2015 budget time, and you: (i) first used the asset, for a taxable purpose, at or after the 2020 announcement time and on or before 30 June 2020; or (ii) first installed the asset ready for use, for a taxable purpose, at or after the 2020 announcement time and on or before 30 June 2020. 18 Subparagraph 328‑180(5)(c)(ii) Omit "on or before 30 June 2020", substitute "before the 2020 announcement time". 19 At the end of subsection 328‑180(5) Add: ; or (d) were a reference to $150,000, if the amount is so included at any time: (i) at or after the 2020 announcement time; and (ii) on or before 30 June 2020. 20 Subparagraph 328‑180(6)(c)(ii) Omit "on or before 30 June 2020", substitute "before the 2020 announcement time". 21 At the end of subsection 328‑180(6) Add: ; or (d) were a reference to $150,000, in relation to a deduction for an income year that ends: (i) at or after the 2020 announcement time; and (ii) on or before 30 June 2020. Schedule 2—Backing business investment Income Tax Assessment Act 1997 1 Subsection 40‑35(1) Omit "and Divisions 41, 328 and 775", substitute "and the provisions referred to in subsection (3)". 2 At the end of section 40‑35 Add: (3) The provisions are: (a) Divisions 41, 328 and 775 of this Act; and (b) Divisions 40 and 328 of the Income Tax (Transitional Provisions) Act 1997. 3 At the end of subsection 40‑65(1) (after the notes) Add: Note 4: An accelerated decline in value applies to certain assets you start to hold between 12 March 2020 and 30 June 2021: see Subdivision 40‑BA of the Income Tax (Transitional Provisions) Act 1997. 4 At the end of subsection 40‑75(2) (after the notes) Add: Note 3: You must also adjust the formula if an accelerated decline in value applied to the asset under Subdivision 40‑BA of the Income Tax (Transitional Provisions) Act 1997: see subsection 40‑135(3) of that Act. 5 Section 705‑45 Before "If:", insert "(1)". 6 At the end of section 705‑45 (after the notes) Add: (2) If: (a) an asset of the joining entity is a *depreciating asset to which Division 40 applies; and (b) either of the following has applied before the joining entity became a *subsidiary member for the purposes of working out the asset's decline in value under Division 40: (i) section 40‑82; (ii) Subdivision 40‑BA of the Income Tax (Transitional Provisions) Act 1997; and (c) the asset's *tax cost setting amount would be greater than the joining entity's *terminating value for the asset; the asset's tax cost setting amount is reduced so that it equals the terminating value. Note 1: The provisions referred to in paragraph (b) provide for an accelerated decline in value of certain assets. Note 2: Unlike the position with a reduction in tax cost setting amount under section 705‑40, the amount of the reduction is not re‑allocated among other assets. Income Tax (Transitional Provisions) Act 1997 7 After Subdivision 40‑B Insert: 40‑BA—Backing business investment Table of sections 40‑120 Backing business investment—accelerated decline in value for businesses with turnover less than $500 million 40‑125 Backing business investment—when an asset of yours qualifies 40‑130 Method for working out accelerated decline in value 40‑135 Division 40 of the Income Tax Assessment Act 1997 applies to later years 40‑120 Backing business investment—accelerated decline in value for businesses with turnover less than $500 million (1) For the purposes of Division 40 of the Income Tax Assessment Act 1997, the decline in value of a depreciating asset for an income year is the amount worked out under section 40‑130 if: (a) the income year is the year in which you start to use the asset, or have it installed ready for use, for a taxable purpose; and (b) subsection (2) (about businesses with turnover less than $500 million) applies to you for the year and for the income year in which you started to hold the asset (if that was an earlier year); and (c) you are covered by section 40‑125 for the asset. Note: An effect of paragraph (1)(a) is that this Subdivision only applies to one income year per asset. See also subsection 40‑135(1). Businesses with turnover less than $500 million (2) This subsection applies to you for an income year if you: (a) are a small business entity; or (b) would be a small business entity if: (i) each reference in Subdivision 328‑C of the Income Tax Assessment Act 1997 (about what is a small business entity) to $10 million were instead a reference to $500 million; and (ii) the reference in paragraph 328‑110(5)(b) of that Act to a small business entity were instead a reference to an entity covered by this subsection. Exception—assets for which the decline in value is worked out under section 40‑82 or Subdivision 40‑E or 40‑F of the Income Tax Assessment Act 1997 (3) However, this section does not apply to a depreciating asset for an income year if you work out the decline in value of the asset for the income year under any of the following: (a) section 40‑82 of the Income Tax Assessment Act 1997; (b) Subdivision 40‑E or 40‑F of that Act. 40‑125 Backing business investment—when an asset of yours qualifies (1) For the purposes of paragraph 40‑120(1)(c) and section 328‑182, you are covered by this section for a depreciating asset if, in the period beginning on 12 March 2020 and ending on 30 June 2021, you: (a) start to hold the asset; and (b) start to use it, or have it installed ready for use, for a taxable purpose. Note: Section 328‑182 provides similar accelerated depreciation for small business entities that choose to use Subdivision 328‑D of the Income Tax Assessment Act 1997. Exception—commitments already entered into (2) Despite subsection (1), you are not covered by this section for the asset if, before 12 March 2020, you: (a) entered into a contract under which you would hold the asset; or (b) started to construct the asset; or (c) started to hold the asset in some other way. (3) Despite subsection (1), you are not covered by this section for an asset (the post‑12 March 2020 asset) if: (a) on a day before 12 March 2020, you: (i) enter into a contract under which you hold an asset on that day, or will hold the asset on a later day; or (ii) start to construct an asset; or (iii) start to hold an asset in some other way; and (b) on a day on or after 12 March 2020 (the conduct day), you engage in conduct that results in you: (i) entering into a contract under which you hold the post‑12 March 2020 asset on the conduct day, or will hold that asset on an even later day; or (ii) starting to construct the post‑12 March 2020 asset; or (iii) starting to hold the post‑12 March 2020 asset in some other way; and (c) the post‑12 March 2020 asset is the asset mentioned in paragraph (a), or an identical or substantially similar asset; and (d) you engage in that conduct for the purpose, or for purposes that include the purpose, of becoming covered by this section for the post‑12 March 2020 asset. (4) For the purposes of subsections (2) and (3), treat yourself as having started to construct an asset at a time if you first incur expenditure in respect of the construction of the asset at that time. (5) To avoid doubt, for the purposes of this section, you do not enter into a contract under which you hold an asset merely because you acquire an option to enter into such a contract. (6) For the purposes of subsections (2), (3), (4) and (5), if a partner in a partnership does any of the following things, treat the partnership (instead of the partner) as having done the thing: (a) entering into a contract under which the partnership would hold the asset; (b) starting to construct the asset; (c) acquiring an option to enter into such a contract. Exception—second hand assets (7) Despite subsection (1), you are not covered by this section for the asset if: (a) another entity held the asset when it was first used, or first installed ready for use, other than: (i) as trading stock; or (ii) merely for the purposes of reasonable testing or trialling; or (b) you started holding the asset under section 40‑115 of the Income Tax Assessment Act 1997 (about splitting a depreciating asset) or section 40‑125 of that Act (about merging depreciating assets); or (c) you were already covered by this section for the asset as a member of a consolidated group or a MEC group of which you are no longer a member. (8) However, paragraph (7)(a) does not apply in relation to an intangible asset unless the asset was used for the purpose of producing ordinary income before you first used it, or had it installed ready for use, for any purpose. In applying this subsection, disregard ordinary income that arises as a result of the disposal of the asset to you. Exception—assets to which Division 40 does not apply (9) Despite subsection (1), you are not covered by this section for the asset if Division 40 of the Income Tax Assessment Act 1997 does not apply to the asset because of section 40‑45 of that Act. Exception—assets not located in Australia (10) Despite subsection (1), you are not covered by this section for the asset if, at the time you first use the asset, or have it installed ready for use, for a taxable purpose: (a) it is not reasonable to conclude that you will use the asset principally in Australia for the principal purpose of carrying on a business; or (b) it is reasonable to conclude that the asset will never be located in Australia. 40‑130 Method for working out accelerated decline in value (1) For the purposes of section 40‑120, the decline in value for the income year in which paragraph 40‑120(1)(a) is satisfied (the current year) is: (a) if the asset's start time occurs in the current year—the amount worked out under subsection (2); or (b) if the asset's start time occurred in an earlier year—the amount worked out under subsection (4). Note 1: The asset's start time is when you first use it, or have it installed ready for use, for any purpose (including a non‑taxable purpose): see subsection 40‑60(2) of the Income Tax Assessment Act 1997. Note 2: A case covered by paragraph (b) is where you start to hold the asset in the period 12 March 2020 to 30 June 2020 and use it for only non‑taxable purposes in that period, then first use it for a taxable purpose in the period 1 July 2020 to 30 June 2021. Current year is the year the asset starts to decline in value (2) If this subsection applies, the amount for the current year is the sum of the following amounts: (a) 50% of the asset's cost as at the end of the current year, disregarding any amount included in the second element of the asset's cost after 30 June 2021; (b) the amount that would be the asset's decline in value for the current year under Division 40 of the Income Tax Assessment Act 1997, assuming its cost were reduced by the amount worked out under paragraph (a). Note: Paragraph (a) effectively only requires you to disregard an amount included in the second element of cost if you have a substituted accounting period that ends after 30 June 2021. (3) However, the amount worked out under subsection (2) for an income year cannot be more than the amount that is the asset's cost for the year. Asset had declined in value before the start of the current year (4) If this subsection applies, the amount for the current year is the sum of the following amounts: (a) 50% of the sum of the asset's opening adjustable value for the current year and any amount included in the second element of its cost for that year, disregarding any amount included in that second element after 30 June 2021; (b) the amount that would be the asset's decline in value for the current year under Division 40 of the Income Tax Assessment Act 1997 assuming: (i) for the diminishing value method—its base value were reduced by the amount worked out under paragraph (a); or (ii) for the prime cost method—the component "Asset's *cost" in the formula in subsection 40‑75(1) of that Act (as adjusted under that section) were reduced by the amount worked out under paragraph (a). Note: Paragraph (a) effectively only requires you to disregard an amount included in the second element of cost if you have a substituted accounting period that ends after 30 June 2021. (5) However, the amount worked out under subsection (4) for an income year cannot be more than: (a) for the diminishing value method—the asset's base value for the year; or (b) for the prime cost method—the sum of its opening adjustable value for the income year and any amount included in the second element of its cost for that year. 40‑135 Division 40 of the Income Tax Assessment Act 1997 applies to later years (1) The decline in value of a depreciating asset is not worked out under this Subdivision for an income year if this Subdivision already applied in working out the decline in value of the asset for an income year. (2) For an income year later than the year in which the decline in value is worked out under this Subdivision, the decline in value is worked out under the other provisions of Division 40 of the Income Tax Assessment Act 1997. Adjustment required for prime cost method (3) If you use the prime cost method for the asset, you must adjust the formula in subsection 40‑75(1) of the Income Tax Assessment Act 1997 for the later year in the manner set out in subsection 40‑75(3) of that Act. The later year is the change year referred to in that subsection. Balancing adjustment provisions (4) Subdivision 40‑D of the Income Tax Assessment Act 1997 has effect as if the decline in value worked out under this Subdivision had been worked out under Subdivision 40‑B of that Act. 8 After section 328‑180 Insert: 328‑182 Backing business investment Subsection 328‑190(2) of the Income Tax Assessment Act 1997 applies to a depreciating asset as if a reference in that subsection to 15% were a reference to 57.5% if you are covered by section 40‑125 for the asset (which is about backing business investment). Schedule 3—Boosting cash flow for employers Income Tax Assessment Act 1997 1 Section 11‑55 (after table item headed "capital gains tax") Insert: cash flow boost payments in accordance with the Boosting Cash Flow for Employers (Coronavirus Economic Response Package) Act 2020 59‑90 2 At the end of Division 59 Add: 59‑90 Cash flow boost A cash flow boost paid in accordance with the Boosting Cash Flow for Employers (Coronavirus Economic Response Package) Act 2020 is not assessable income and is not *exempt income. Social Security Act 1991 3 At the end of subsection 8(8) Add: ; (zt) a cash flow boost (within the meaning of the Boosting Cash Flow for Employers (Coronavirus Economic Response Package) Act 2020). Taxation Administration Act 1953 4 Subsection 8AAB(4) (after table item 19) Insert: 19A 10 Boosting Cash Flow for Employers (Coronavirus Economic Response Package) Act 2020 wrong payment or overpayment of a cash flow boost 5 Subsection 250‑10(2) in Schedule 1 (at the end of the table) Add: 142 cash flow boost overpayments subsection 9(3) Boosting Cash Flow for Employers (Coronavirus Economic Response Package) Act 2020 Veterans' Entitlements Act 1986 6 At the end of subsection 5H(8) Add: ; (zzc) a cash flow boost (within the meaning of the Boosting Cash Flow for Employers (Coronavirus Economic Response Package) Act 2020). Schedule 4—Stimulus payments to households to support growth A New Tax System (Family Assistance) Act 1999 1 Subsection 3(1) Insert: 2020 economic support payment means: (a) a first 2020 economic support payment; or (b) a second 2020 economic support payment. first 2020 economic support payment means a payment to which an individual is entitled under Division 1 of Part 9. second 2020 economic support payment means a payment to which an individual is entitled under Division 2 of Part 9. 2 After Part 8 Insert: Part 9—2020 economic support payments Division 1—First 2020 economic support payment 110 When is an individual entitled to a first 2020 economic support payment? An individual is entitled to a first 2020 economic support payment if subsection 116(2), (3) or (4) applies to the individual on a day in the period: (a) starting on 12 March 2020; and (b) ending on 13 April 2020. 111 What is the amount of the payment? The amount of an individual's first 2020 economic support payment under this Division is $750. 112 More than one entitlement (1) If, at the time the Secretary determines whether an individual is entitled to a first 2020 economic support payment under this Division, 2 or more of subsections 116(2), (3) and (4) would otherwise apply to the individual on a day or days occurring in the period mentioned in section 110 (whether on the same day or different days), then: (a) the first of those subsections applies to the individual on that day or those days; and (b) none of the others apply to the individual during that period. Note: For the purposes of sections 65JA (payment) and 72 (debts) of the Family Assistance Administration Act, it is necessary to know which subsection of section 116 of this Act applies. (2) If: (a) a first 2020 economic support payment under the ABSTUDY Scheme; or (b) a first 2020 economic support payment under Division 1 of Part 2.6B of the Social Security Act 1991; or (c) a first 2020 economic support payment under Division 1 of Part IIIH of the Veterans' Entitlements Act 1986; is paid to an individual, no payment under this Division can be paid to the individual. Division 2—Second 2020 economic support payment 113 When is an individual entitled to a second 2020 economic support payment? An individual is entitled to a second 2020 economic support payment if: (a) subsection 116(2), (3) or (4) applies to the individual on 10 July 2020; and (b) the individual does not receive COVID‑19 supplement under the Social Security Act 1991 in respect of 10 July 2020. 114 What is the amount of the payment? The amount of an individual's second 2020 economic support payment under this Division is $750. 115 More than one entitlement (1) If, at the time the Secretary determines whether an individual is entitled to a second 2020 economic support payment under this Division, 2 or more of subsections 116(2), (3) and (4) would otherwise apply to the individual on 10 July 2020, then: (a) the first of those subsections applies to the individual on 10 July 2020; and (b) none of the others apply to the individual on 10 July 2020. Note: For the purposes of sections 65JB (payment) and 72 (debts) of the Family Assistance Administration Act, it is necessary to know which subsection of section 116 of this Act applies. (2) If: (a) a second 2020 economic support payment under the ABSTUDY Scheme; or (b) a second 2020 economic support payment under Division 2 of Part 2.6B of the Social Security Act 1991; or (c) a second 2020 economic support payment under Division 2 of Part IIIH of the Veterans' Entitlements Act 1986; is paid to an individual, no payment under this Division can be paid to the individual. Division 3—Eligibility for 2020 economic support payment 116 Eligibility for 2020 economic support payment (1) This section applies for the purposes of section 110 and paragraph 113(a). (2) Subject to subsection (5) of this section, this subsection applies to an individual on a day if: (a) in relation to that day, a determination under section 16 of the Family Assistance Administration Act is in force in respect of the individual as a claimant; and (b) the rate of family tax benefit payable under the determination in relation to that day consists of or includes a Part A or Part B rate greater than nil. (3) Subject to subsection (5) of this section, this subsection applies to an individual on a day if: (a) in relation to that day, a determination under section 17 of the Family Assistance Administration Act is in force in respect of the individual as a claimant; and (b) the rate of family tax benefit payable under the determination in relation to that day consists of or includes a Part A or Part B rate greater than nil; and (c) the determination is made as a result of a claim made in: (i) the income year in which that day occurs; or (ii) either of the next 2 income years. (4) Subject to subsection (5) of this section, this subsection applies to an individual on a day if: (a) in relation to that day, a determination under section 18 of the Family Assistance Administration Act is in force in respect of the individual as a claimant; and (b) the rate