Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
1996-97
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Commonwealth
Services Delivery Agency (Consequential Amendments) Bill
1997
No. ,
1997
(Social Security)
A
Bill for an Act to deal with consequential and other matters arising from the
enactment of the Commonwealth Services Delivery Agency Act 1997, and for
related purposes
9702820—3,365/14.3.1997—(28/97)
Cat. No. 96 7398 9 ISBN 0644 497718
Contents
Child Support (Assessment) Act
1989 7csdacs1.html
Child Support (Registration and Collection) Act
1988 7csdacs1.html
Data-matching Program (Assistance and Tax) Act
1990 7csdacs1.html
Defence (Re-establishment) Act
1965 7csdacs1.html
Employment Services Act
1994 7csdacs1.html
Farm Household Support Act
1992 7csdacs1.html
Gift Duty Assessment Act
1941 7csdacs1.html
Health Insurance Act
1973 7csdacs1.html
Income Tax Assessment Act
1936 7csdacs1.html
National Health Act
1953 7csdacs1.html
Re-establishment and Employment Act
1945 7csdacs1.html
Student and Youth Assistance Act 1973 7csdacs1.html
A Bill for an Act to deal with consequential and other
matters arising from the enactment of the Commonwealth Services Delivery
Agency Act 1997, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Commonwealth Services Delivery Agency
(Consequential Amendments) Act 1997.
This Act commences at the commencement of the Commonwealth Services
Delivery Agency Act 1997.
Each Act 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repealed as set out in the applicable items in the Schedule concerned, and any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.
1 Section 3 (index)
Insert the following entries in their appropriate alphabetical positions,
determined on a letter-by-letter basis:
Agency 23(1)
Agency Act 23(1)
CEO 23(1)
service arrangements 23(1)
2 Section 3 (index)
Omit:
employee 10A(2)
substitute:
employee 10A(2) and 23(1)
3 Subsection 23(1)
Insert:
Agency means the Commonwealth Services Delivery Agency
established by the Agency Act.
4 Subsection 23(1)
Insert:
Agency Act means the Commonwealth Services Delivery Agency
Act 1997.
5 Subsection 23(1)
Insert:
CEO means the Chief Executive Officer of the
Agency.
6 Subsection 23(1)
Insert:
employee, in relation to the Agency, has the same meaning as
in the Agency Act.
7 Subsection 23(1) (paragraphs (a) and (b) of
the definition of protected information)
After “Department”, insert “or of the
Agency”.
8 Section 23(1) (paragraph (b) of the definition
of Secretary)
Repeal the paragraph, substitute:
(b) in relation to Part 6.3:
(i) in the review of a decision made by the CEO or an employee of the
Agency as a delegate of the Secretary to the Department or of the Secretary to
the Employment Department—the CEO; or
(ii) in the review of a decision under the Student and Youth Assistance
Act 1973, other than a decision mentioned in subparagraph (i)—the
Secretary to the Employment Department; or
(iii) in the review of any other decision—the Secretary to the
Department.
9 Subsection 23(1)
Insert:
service arrangements has the same meaning as in the Agency
Act.
10 Subsection 1240(1)
Omit “A person”, substitute “Subject to subsections (1AA)
and (2), a person”.
11 After subsection 1240(1)
Insert:
(1AA) If a decision of the kind referred to in subsection (1) is made by
an employee of the Agency in the exercise of a delegated power, a person
affected by the decision may apply to the CEO for review of the
decision.
12 Paragraph 1240(1A)(c)
Omit “Secretary”, substitute “person to whom the
application is made”.
13 At the end of subsection
1240(2)
Add:
; or (e) the CEO, in the exercise of a delegated power.
14 After subsection 1240(3)
Insert:
(3AA) If a person applies under subsection (1AA) for review of a decision,
the CEO, or an authorised review officer, may review the decision under section
1243.
15 After subsection
1240(3A)
Insert:
(3AB) If a person applies under subsection (1AA) for the review of a
decision made by an employee of the Agency, the reference in subsection (3AA) to
an authorised review officer is taken to be a reference to an authorised review
officer who is another employee of the Agency.
16 Subsection 1240(3B)
Omit “subsection (3)”, substitute “subsections (3) and
(3AA)”.
17 Subsection 1240(3B)
Omit “of the Secretary”.
18 Paragraph 1240(4)(a)
Repeal the paragraph, substitute:
(a) a person who may apply to the Secretary for review of a decision under
subsection (1), or to the CEO for review of the decision under subsection (1AA),
has not so applied; and
19 Subsection 1240(4)
Omit “taken to apply to the Secretary for review of the decision
under subsection (1)”, substitute “is taken to apply to the
Secretary or CEO for review of the decision under subsection (1) or (1AA), as
the case may be,”.
20 Paragraph 1241(1)(c)
Omit “to the Secretary under subsection 1240(1)”, substitute
“to the Secretary or the CEO under subsection 1240(1) or
1240(1AA)”.
21 Subsection 1241(1)
Omit “the Secretary”, substitute “the person to whom the
application is made”.
22 Subparagraph
1241(4)(b)(i)
Omit “to the Secretary”.
23 Subparagraphs 1241(4)(b)(ii) and
(iii)
Omit “by the Secretary”.
24 Paragraphs 1242(2)(a) and
(b)
Repeal the paragraphs, substitute:
(a) a person applies under subsection 1240(1) or 1240(1AA) for review of a
decision to which this section applies; and
25 Paragraphs 1242A(2)(a) and
(b)
Repeal the paragraphs, substitute:
(a) a person applies under subsection 1240(1) or 1240(1AA) for review of a
decision to which this section applies; and
26 Subsection 1243(1)
Omit “the Secretary”, substitute “or 1240(1AA), the
Secretary, the CEO,”.
27 Paragraph 1243A(1)(d)
Omit “to the Secretary”.
28 Paragraph 1243A(1)(f)
After “the Secretary,”, insert “the
CEO,”.
29 Subsection 1247(1)
After “Secretary” (wherever occurring), insert “, the
CEO”
30 Subsection 1247(1A)
After “Secretary” (wherever occurring), insert “, the
CEO”.
31 Subparagraph
1253(1)(c)(ii)
After “Secretary”, insert “or the CEO, as the case
requires,”.
32 Paragraph 1253(2)(b)
After “Secretary”, insert “or the CEO, as the case
requires,”.
33 Paragraph 1254A(b)
After “Secretary”, insert “or the CEO, as the case
requires,”.
34 At the end of paragraph
1257(1A)(a)
Add:
(iii) if the decision was made by the CEO or an employee of the
Agency—an office of the Agency; or
35 After paragraph
1260(1)(b)
Insert:
(ba) if the decision was made by the CEO or an employee of the Agency in
the exercise of a delegated power—the CEO; and
36 Paragraph 1261(1)(a)
After “Department”, insert “or of the
Agency”.
37 At the end of section
1285
Add:
(2) If the decision reviewed by the Social Security Appeals Tribunal was
made by the CEO or an employee of the Agency, subsection (1) applies as if the
reference to the Secretary were a reference to the CEO.
38 Subsection 1291(1)
Omit “were references to the Secretary.”, substitute:
were references to:
(a) if the original decision was made by the CEO or an employee of the
Agency—the CEO; or
(b) in any other case—the Secretary.
39 At the end of section
1291
Add:
(4) If:
(a) a person applies to the Administrative Appeals Tribunal under section
1283 for review of a decision; and
(b) the original decision was made by the CEO or an employee of the
Agency;
subsection (2) applies as if references to the Secretary were references to
the CEO.
(5) In this section:
original decision means the decision that was reviewed by the
Social Security Appeals Tribunal.
40 After subsection 1299(1)
Insert:
(1A) Subject to subsection (2) but despite subsection (3), the Secretary
may, in accordance with service arrangements, by signed instrument, delegate to
the CEO or an employee of the Agency all or any of the Secretary’s powers
under this Act.
41 Subsection 1299(2)
After “delegate”, insert “to anyone except the
CEO”.
42 After subsection 1299(2)
Insert:
(2A) If the Secretary delegates to the CEO the Secretary’s power
under subsection 1218A(2) or paragraph 1314(1)(b), the CEO cannot, despite
section 33 of the Agency Act, delegate the power to an employee of the
Agency.
43 After subsection 1299(3)
Insert:
(3A) If the Secretary delegates to the CEO the powers referred to in
subsection (3), the CEO:
(a) must delegate those powers under section 33 of the Agency Act to
employees of the Agency nominated by the Employment Secretary; and
(b) cannot delegate those powers to any other such employee.
44 Subsection 1299(4)
Omit “subsection (3)”, substitute “subsections (3) and
(3A)”.
45 At the end of section
1299
Add:
(6) In this section:
officer does not include the CEO or an employee of the
Agency.
46 Subsection 1312(1)
After “this Act”, insert “, Part 8 of the Student and
Youth Assistance Act 1973”.
47 Paragraph 1312(1A)(d)
After “this Act”, insert “, Part 8 of the Student and
Youth Assistance Act 1973”.
48 Subparagraph
1312A(b)(ii)
After “this Act”, insert “, Part 8 of the Student and
Youth Assistance Act 1973”.
49 Section 1312A (note 2)
After “Act”, insert “, Part 8 of the Student and Youth
Assistance Act 1973”.
50 Paragraph 1312B(b)
After “this Act”, insert “, Part 8 of the Student and
Youth Assistance Act 1973”.
51 Section 1313
After “this Act” (wherever occurring), insert “, Part 8
of the Student and Youth Assistance Act 1973”.
52 Paragraph 1314(1)(a)
After “this Act”, insert “, Part 8 of the Student and
Youth Assistance Act 1973”.
53 Subsection 1318(3)
After “this Act”, insert “, Part 8 of the Student and
Youth Assistance Act 1973”.
54 After Schedule 1A
Insert:
(1) If the Secretary delegates to the CEO or an employee of the Agency a
power under this Act to require or request a person to give the Secretary a
document or information, the delegate may, in exercising the power, require or
request the person to give the document or information to the CEO instead of the
Secretary.
(2) If the Secretary delegates to the CEO or an employee of the Agency a
power under this Act to require or request a person to give or send to, or lodge
with, the Department a document or information, the delegate may, in exercising
the power, require or request the person to give or send the document or
information to the Agency, or lodge it with the Agency, instead of the
Department.
(3) A person who:
(a) gives a document or information to the CEO; or
(b) gives or sends a document or information to the Agency, or lodges it
with the Agency;
in compliance with a requirement or a request by a delegate of the
Secretary is to be treated for all purposes as if the person had:
(c) given the document or information to the Secretary; or
(d) given or sent the document or information to the Department, or lodged
it with the Department;
as the case may be, in compliance with a requirement or request by the
Secretary.
(4) A person who:
(a) does not give a document or information to the CEO; or
(b) does not give or send a document or information to the Agency, or
lodge it with the Agency;
in compliance with a requirement or request by a delegate of the Secretary
is to be treated for all purposes as if the person:
(c) had not given the document or information to the Secretary;
or
(d) had not given or sent the document or information to the Department,
or lodged it with the Department;
as the case may be, in compliance with a requirement or request by the
Secretary.
(1) If:
(a) the Secretary delegates to the CEO or an employee of the Agency all or
any of the Secretary’s powers under this Act; and
(b) the delegation makes a reference to the Secretary, the Department, or
an officer of the Department, in another provision of this Act inappropriate,
whether for administrative reasons or any other reason;
the Secretary may direct that the provision is to have effect as
if:
(c) the reference to the Secretary were a reference to the CEO;
or
(d) the reference to the Department were a reference to the Agency;
or
(e) the reference to an officer of the Department were a reference to an
employee of the Agency;
as the case requires.
(2) If the Secretary gives a direction in relation to a provision, the
provision has effect in accordance with the direction while the direction is in
force.
(3) A direction comes into force on the day it is notified in the
Gazette, or on such later day as is specified in it, and remains in force
until it is revoked.
(4) A direction is a disallowable instrument for the purposes of
section 46A of the Acts Interpretation Act 1901.
Child
Support (Assessment) Act 1989
1 Subsection 91A(2)
Omit “agreement to the Secretary.”, substitute:
agreement to:
(a) the Secretary; or
(b) if the Secretary has delegated his or her powers under this section to
the CEO or an employee of the Services Delivery Agency—to the
CEO.
2 Subsection 91A(6)
After “Social Security”, insert “or, in accordance with
service arrangements, to the CEO or an employee of the Services Delivery
Agency”.
3 After subsection 149(1)
Insert:
(1AA) The Registrar may, in accordance with service arrangements, delegate
in writing all or any of his or her powers or functions under this Act to the
CEO or an employee of the Services Delivery Agency.
4 Subsection 150(1) (after paragraph (b) of the
definition of person to whom this section applies)
Insert:
(ba) the CEO; or
5 Subsection 150(1) (at the end of paragraph (c)
of the definition of person to whom this section
applies)
Add:
(iii) the Services Delivery Agency; or
6 After paragraph 150(3)(b)
Insert:
(ba) to the CEO or an employee of the Services Delivery Agency for the
purpose of the administration of this Act or of any other law of the
Commonwealth relating to pensions, allowances or benefits; or
Child
Support (Registration and Collection) Act 1988
7 Subsection 4(1)
Insert:
CEO means the Chief Executive Officer of the Services
Delivery Agency.
8 Subsection 4(1) (definition of
employee)
Repeal the definition, substitute:
employee:
(a) in relation to the Services Delivery Agency—has the same meaning
as in the Commonwealth Services Delivery Agency Act 1997; or
(b) in any other case—means an employee within the meaning of
Division 2 of Part VI of the Income Tax Assessment Act 1936.
9 Subsection 4(1)
Insert:
service arrangements has the same meaning as in the
Commonwealth Services Delivery Agency Act 1997.
10 Subsection 4(1)
Insert:
Services Delivery Agency means the Commonwealth Services
Delivery Agency established by the Commonwealth Services Delivery Agency Act
1997.
11 After subsection 15(1)
Insert:
(1A) The Registrar may, in accordance with service arrangements, delegate,
in writing, all or any of his or her powers or functions under this Act to the
CEO or an employee of the Services Delivery Agency.
12 Subsection 16(1) (after paragraph (b) of the
definition of person to whom this section applies)
Insert:
(ba) the CEO; or
13 Subsection 16(1) (at the end of paragraph (c)
of the definition of person to whom this section
applies)
Add:
(iii) the Services Delivery Agency; or
14 After paragraph 16(3)(b)
Insert:
(ba) to the CEO or an employee of the Services Delivery Agency, for the
purpose of the administration of this Act or of any other law of the
Commonwealth relating to pensions, allowances or benefits; or
Data-matching
Program (Assistance and Tax) Act 1990
15 Subsection 3(1) (at the end of the definition
of assistance agency)
Add:
or (e) the Services Delivery Agency.
16 Subsection 3(1)
Insert:
CEO means the Chief Executive Officer of the Services
Delivery Agency.
17 Subsection 3(1)
Insert:
employee, in relation to the Services Delivery Agency, has
the same meaning as in the Commonwealth Services Delivery Agency Act
1997.
18 Subsection 3(1) (definition of matching
agency)
Repeal the definition, substitute:
matching agency means:
(a) unless a direction under section 3A is in force—the officers of
the Department of Social Security referred to in subsection 4(1); or
(b) if a direction under section 3A is in force—the employees of the
Services Delivery Agency referred to in subsection 4(2).
19 Subsection 3(1) (paragraph (b) of the
definition of personal assistance)
After “Training”, insert “or by the Services Delivery
Agency”.
20 Subsection 3(1) (paragraph (c) of the
definition of personal assistance)
After “Security”, insert “or by the Services Delivery
Agency”.
21 Subsection 3(1)
Insert:
Services Delivery Agency means the Commonwealth Services
Delivery Agency established by the Commonwealth Services Delivery Agency Act
1997.
22 After section 3
Insert:
(1) If:
(a) the Secretary to the Department of Social Security delegates to the
CEO or an employee of the Services Delivery Agency all or any of the
Secretary’s powers under an Act; and
(b) as a result of the delegation it is not appropriate for the Department
to be an assistance agency within the meaning of this Act;
the Secretary may direct that despite subsection 3(1), while the direction
remains in force, the Department is not taken to be an assistance
agency.
(2) A direction has effect according to its terms.
(3) A direction comes into force on the day it is notified in the
Gazette, or on such later day as is specified in it, and remains in force
until it is revoked.
(4) A direction is a disallowable instrument for the purposes of section
46A of the Acts Interpretation Act 1901.
23 At the end of section 4
Add:
(2) While a direction under section 3A is in force, the CEO is to ensure
that there are employees of the Services Delivery Agency who are responsible for
the matching of data under this Act.
24 Subsection 10(3A)
After “assistance agency”, insert “that is a Department,
the CEO”.
Defence
(Re-establishment) Act 1965
25 Section 46A
Insert:
CEO means the Chief Executive Officer of the Services
Delivery Agency.
26 Section 46A
Insert:
employee, in relation to the Services Delivery Agency, has
the same meaning as in the Commonwealth Services Delivery Agency Act
1997.
27 Section 46A
Insert:
service arrangements has the same meaning as in the
Commonwealth Services Delivery Agency Act 1997.
28 Section 46A
Insert:
Services Delivery Agency means the Commonwealth Services
Delivery Agency established by the Commonwealth Services Delivery Agency Act
1997.
29 Paragraph 49(b)
After “Secretary”, insert “or the CEO, as the case
requires,”.
30 After section 49
Insert:
The Secretary may, in accordance with service arrangements, delegate in
writing his or her powers under this Part to the CEO or an employee of the
Services Delivery Agency.
31 Section 49A
Insert:
CEO means the Chief Executive Officer of the Services
Delivery Agency.
32 Section 49A
Insert:
employee, in relation to the Services Delivery Agency, has
the same meaning as in the Commonwealth Services Delivery Agency Act
1997.
33 Section 49A
Insert:
service arrangements has the same meaning as in the
Commonwealth Services Delivery Agency Act 1997.
34 Section 49A
Insert:
Services Delivery Agency means the Commonwealth Services
Delivery Agency established by the Commonwealth Services Delivery Agency Act
1997.
35 Paragraph 49D(b)
After “Secretary”, insert “or the CEO, as the case
requires,”.
36 After section 49D
Insert:
The Secretary may, in accordance with service arrangements, delegate in
writing his or her powers under this Part to the CEO or an employee of the
Services Delivery Agency.
37 Section 4
Insert:
employee, in relation to the Services Delivery Agency, has
the same meaning as in the Commonwealth Services Delivery Agency Act
1997.
38 Section 4
Insert:
service arrangements has the same meaning as in the
Commonwealth Services Delivery Agency Act 1997.
39 Section 4
Insert:
Services Delivery Agency means the Commonwealth Services
Delivery Agency established by the Commonwealth Services Delivery Agency Act
1997.
40 Section 10
After “Department”, insert “or by the Chief Executive
Officer or an employee of the Services Delivery Agency”.
41 At the end of subsection
47(1)
Add “or, in accordance with service arrangements, to the Chief
Executive Officer or an employee of the Services Delivery
Agency”.
42 Section 146
After “Department”, insert “or, in accordance with
service arrangements, the Chief Executive Officer or an employee of the Services
Delivery Agency”.
43 At the end of paragraph
160(1)(a)
Add:
(iv) an office of the Services Delivery Agency; or
Farm
Household Support Act 1992
44 Subsection 3(2)
Insert:
Agency means the Commonwealth Services Delivery Agency
established by the Commonwealth Services Delivery Agency Act
1997.
45 Subsection 3(2)
Insert:
CEO means the Chief Executive Officer of the
Agency.
46 Subsection 3(2)
Insert:
employee, in relation to the Agency, has the same meaning as
in the Commonwealth Services Delivery Agency Act 1997.
47 Subsection 3(2)
Insert:
service arrangements has the same meaning as in the
Commonwealth Services Delivery Agency Act 1997.
48 At the end of section 53
Add:
(3) The Secretary may, in accordance with service arrangements, delegate
in writing all or any of his or her powers under this Act to the CEO or an
employee of the Agency.
49 After section 53
Insert:
(1) If the Secretary delegates to the CEO or an employee of the Agency a
power under this Act to require a person to produce or give to the Department
any document or information, the delegate may, in exercising the power, require
the person to produce or give the document or information to the Agency instead
of the Department.
(2) A person who produces or gives a document or information to the Agency
in compliance with a requirement by a delegate of the Secretary is to be treated
for all purposes as if the person had produced or given the document to the
Department in compliance with a requirement by the Secretary.
(3) A person who does not produce or give a document or information to the
Agency in compliance with a requirement by a delegate of the Secretary is to be
treated for all purposes as if the person had not produced or given the document
or information to the Department in compliance with a requirement by the
Secretary.
(4) If:
(a) the Secretary delegates to the CEO or an employee of the Agency all or
any of the Secretary’s powers under this Act; and
(b) the delegation makes a reference to the Secretary or the Department in
another provision of this Act inappropriate, whether for administrative reasons
or any other reason;
the Secretary may direct that the provision is to have effect as
if:
(c) the reference to the Secretary were a reference to the CEO;
or
(d) a reference to the Department were a reference to the
Agency;
as the case requires.
(5) If the Secretary gives a direction in relation to a provision, the
provision has effect in accordance with the direction while the direction is in
force.
(6) A direction comes into force on the day it is notified in the
Gazette, or on such later day as is specified in it, and remains in force
until it is revoked.
(7) A direction is a disallowable instrument for the purposes of section
46A of the Acts Interpretation Act 1901.
50 At the end of paragraphs 10(4)(a) and
(b)
Add “and”.
51 At the end of subsection
10(4)
Add:
; and (e) the Chief Executive Officer or an employee of the Commonwealth
Services Delivery Agency for the purpose of the administration of any law of the
Commonwealth relating to pensions.
52 Subsection 3(1)
Insert:
CEO means the Chief Executive Officer of the Services
Delivery Agency.
53 Subsection 3(1)
Insert:
employee, in relation to the Services Delivery Agency, has
the same meaning as in the Commonwealth Services Delivery Agency Act
1997.
54 Subsection 3(1)
Insert:
service arrangements has the same meaning as in the
Commonwealth Services Delivery Agency Act 1997.
55 Subsection 3(1)
Insert:
Services Delivery Agency means the Commonwealth Services
Delivery Agency established by the Commonwealth Services Delivery Agency Act
1997.
56 At the end of paragraph
130(6)(c)
Add “or”.
57 After paragraph
130(6)(c)
Insert:
(ca) the CEO or an employee of the Services Delivery Agency; or
58 At the end of paragraph
130(6)(d)
Add “or”.
59 Paragraph 130(7)(e)
After “Social Security”, insert “or to the CEO or an
employee of the Services Delivery Agency”.
60 At the end of paragraphs 130(9)(a), (b) and
(ba)
Add “or”.
61 After paragraph
130(9)(a)
Insert:
(aa) in the case of the CEO or an employee of the Services Delivery
Agency—in the performance of powers or functions under an Act administered
by the Minister for Social Security; or
62 Subsection 130(10)
After “(9)(a),”, insert “(aa),”.
63 Subsection 130G(1)
After “office of”, insert “CEO,”.
64 Subsection 130G(1)
After “who is or was”, insert “an employee of the
Services Delivery Agency or”.
65 Subsection 130G(1)
Omit “or is or was an officer”, substitute “or is or was
such an employee or officer”.
66 After subsection 130J(1)
Insert:
(1A) The Secretary to the Department of Social Security may not delegate a
power to the CEO or an employee of the Services Delivery Agency except in
accordance with service arrangements.
67 After section 131
Insert:
(1) If the Secretary delegates to the CEO or an employee of the Services
Delivery Agency a power under this Act to require a person to give or return a
document or information to the Department, the delegate may, in exercising the
power, require the person to give or return the document or information to the
Services Delivery Agency instead of to the Department.
(2) A person who returns or gives a document or information to the
Services Delivery Agency in compliance with a requirement by a delegate of the
Secretary is to be treated for all purposes as if the person had returned or
given the document or information to the Department in compliance with a
requirement by the Secretary.
(3) A person who does not return or give a document or information to the
Services Delivery Agency in compliance with a requirement by a delegate of the
Secretary is to be treated for all purposes as if the person had not returned or
given the document or information to the Department in compliance with a
requirement by the Secretary.
(4) If:
(a) the Secretary delegates to the CEO or an employee of the Services
Delivery Agency all or any of the Secretary’s powers under this Act;
and
(b) the delegation makes a reference to the Secretary, the Department, or
an officer of the Department, in another provision of this Act inappropriate,
whether for administrative reasons or any other reason;
the Secretary may direct that the provision is to have effect as
if:
(c) the reference to the Secretary were a reference to the CEO; or
(d) the reference to the Department were a reference to the Services
Delivery Agency; or
(e) the reference to an officer of the Department were a reference to an
employee of the Services Delivery Agency;
as the case requires.
(5) If the Secretary gives a direction in relation to a provision, the
provision has effect in accordance with the direction while the direction is in
force.
(6) A direction comes into force on the day it is notified in the
Gazette, or on such later day as is specified in it, and remains in force
until it is revoked.
(7) A direction is a disallowable instrument for the purposes of section
46A of the Acts Interpretation Act 1901.
(8) In this section:
Department means the Department of Social Security.
Secretary means the Secretary to the Department of Social
Security.
Income
Tax Assessment Act 1936
68 After paragraph
16(4)(ea)
Insert:
(eb) the Chief Executive Officer of the Commonwealth Services Delivery
Agency, established by the Commonwealth Services Delivery Agency Act
1997, for the purpose of the administration of any law of the Commonwealth
relating to pensions, allowances or benefits;
69 Subsection 202CB(6)
After “Department of Social Security”, insert “or to the
Chief Executive Officer of the Commonwealth Services Delivery Agency,
established by the Commonwealth Services Delivery Agency Act
1997”.
70 Subsection 202CE(7)
After “Department of Social Security”, insert “or to the
Chief Executive Officer of the Commonwealth Services Delivery Agency,
established by the Commonwealth Services Delivery Agency Act
1997”.
71 At the end of paragraphs 135A(6)(a), (d),
(e), (f) and (g)
Add “or”.
72 After subsection
135A(6)(e)
Insert:
(ea) the CEO or an employee of the Services Delivery Agency; or
73 Paragraph 135A(7)(g)
After “Social Security”, insert “, the CEO or an employee
of the Services Delivery Agency”.
74 At the end of paragraphs 135A(9)(a) and
(b)
Add “or”.
75 After paragraph
135A(9)(a)
Insert:
(aa) in the case of the CEO or an employee of the Services Delivery
Agency—in the performance of duties, or in the exercise of powers or
functions, under an Act administered by the Minister for Social Security;
or
76 Subsection 135A(24)
Insert:
CEO means the Chief Executive Officer of the Services
Delivery Agency.
77 Subsection 135A(24)
Insert:
employee, in relation to the Services Delivery Agency, has
the same meaning as in the Commonwealth Services Delivery Agency Act
1997.
78 Subsection 135A(24)
Insert:
Services Delivery Agency means the Commonwealth Services
Delivery Agency established by the Commonwealth Services Delivery Agency Act
1997.
Re-establishment
and Employment Act 1945
79 Subsection 150(3)
Omit “Community Services”, substitute “Social
Security”.
80 Before section 153
Insert:
(1) The Secretary to the Department of Social Security may, in accordance
with service arrangements, delegate in writing his or her powers under this Act
to the Chief Executive Officer or an employee of the Services Delivery
Agency.
(2) In this section:
employee, in relation to the Services Delivery Agency, has
the same meaning as in the Commonwealth Services Delivery Agency Act
1997.
service arrangements has the same meaning as in the
Commonwealth Services Delivery Agency Act 1997.
Services Delivery Agency means the Commonwealth Services
Delivery Agency established by the Commonwealth Services Delivery Agency Act
1997.
Student
and Youth Assistance Act 1973
81 Subsection 3(1)
Insert:
Agency means the Commonwealth Services Delivery Agency
established by the Agency Act.
82 Subsection 3(1)
Insert:
Agency Act means the Commonwealth Services Delivery Agency
Act 1997.
83 Subsection 3(1)
Insert:
CEO means the Chief Executive Officer of the
Agency.
84 Subsection 3(1)
Insert:
employee, in relation to the Agency, has the same meaning as
in the Agency Act.
85 Subsection 3(1) (definition of protected
information)
After “Social Security”, insert “or of the
Agency”.
86 Subsection 3(1)
Insert:
service arrangements has the same meaning as in the Agency
Act.
87 After subsection 338(1)
Insert:
(1A) Subject to this section, the Secretary to the Department of Social
Security may, in accordance with service arrangements, delegate in writing all
or any of his or her powers under this Act to the CEO or an employee of the
Agency.
88 Paragraph 338(2)(a)
After “Social Security”, insert “or to the
CEO”.
89 Paragraph 338(3)(a)
After “Department”, insert “or to employees of the
Agency”.
90 At the end of section
338
Add:
(5) If the Secretary to the Department of Social Security delegates the
power referred to in subsection (2) to the CEO, the CEO cannot, despite section
33 of the Agency Act, delegate the power to an employee of the Agency.
91 After section 338
Insert:
(1) If the Secretary delegates to the CEO or an employee of the Agency a
power under this Act to require a person to give, send or produce to the
Department a document or information, the delegate may, in exercising the power,
require the person to give, send or produce the document or information to the
Agency instead of the Department.
(2) A person who gives, sends or produces a document or information to the
Agency in compliance with a requirement by a delegate of the Secretary is to be
treated, for all purposes, as if the person had given, sent or produced the
document or information to the Department in compliance with a requirement by
the Secretary.
(3) A person who does not give, send or produce a document or information
to the Agency in compliance with a requirement by a delegate of the Secretary is
to be treated, for all purposes, as if the person had not given, sent or
produced the document or information to the Department in compliance with a
request by the Secretary.
(4) If:
(a) the Secretary delegates to the CEO or an employee of the Agency all or
any of the Secretary’s powers under this Act; and
(b) the delegation makes a reference to the Secretary, the Department, or
an officer of the Department, in a prescribed provision inappropriate, whether
for administrative reasons or any other reason;
the Secretary may direct that the provision, or the provision in so far as
it applies to youth training allowance, is to have effect as if:
(c) the reference to the Secretary were a reference to the CEO;
or
(d) the reference to the Department were a reference to the Agency; or
(e) the reference to an officer of the Department were a reference to an
employee of the Agency;
as the case requires.
(5) If the Secretary gives a direction in relation to a provision, the
provision has effect in accordance with the direction while the direction is in
force.
(6) A direction comes into force on the day it is notified in the
Gazette, or on such later day as is specified in it, and remains in force
until it is revoked.
(7) A direction is a disallowable instrument for the purposes of section
46A of the Acts Interpretation Act 1901.
(8) In this section:
Department means the Department of Social Security.
prescribed provision means a provision of Part 8 of this Act,
or of Part 9 or 10 in so far as the provision applies to youth training
allowance.
Secretary means the Secretary to the Department of Social
Security.
92 Subsection 351(1)
After “Act”, insert “or the Social Security
Act”.
93 Paragraph 351(2)(d)
After “Act”, insert “or the Social Security
Act”.
94 Subparagraph 352(a)(i)
After “Act”, insert “or the Social Security
Act”.
95 Section 352 (note 2)
After “Act”, insert “or the Social Security
Act”.
96 Paragraph 353(b)
After “Act”, insert “or the Social Security
Act”.
97 Section 354
After “Act” (wherever occurring), insert “or the Social
Security Act”.
98 Paragraph 355(1)(a)
After “Act”, insert “or the Social Security
Act”.
After “Act”, insert “or the Social Security
Act”.