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.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security (Administration)
Amendment (Income Management to
Cashless Debit Card Transition) Bill
2019
No. , 2019
(Social Services)
A Bill for an Act to amend the Social Security
(Administration) Act 1999, and for related purposes
No. , 2019
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Stage 1 amendments
3
Social Security (Administration) Act 1999
3
Part 2--Stage 2 amendments
4
Social Security (Administration) Act 1999
4
Part 3--Other amendments
24
Social Security (Administration) Act 1999
24
No. , 2019
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019
1
A Bill for an Act to amend the Social Security
1
(Administration) Act 1999, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Social Security (Administration) Amendment
5
(Income Management to Cashless Debit Card Transition) Act
6
2019.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019
No. , 2019
1
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.
2. Schedule 1,
Part 1
As follows:
(a) if this Act receives the Royal Assent
before 1 January 2020--1 January 2020;
(b) if this Act receives the Royal Assent on
or after 1 January 2020--the day after
this Act receives the Royal Assent.
3. Schedule 1,
Part 2
The later of:
(a) 8 April 2020; and
(b) the day after the end of the period of 3
months beginning on the day this Act
receives the Royal Assent.
4. Schedule 1,
Part 3
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments Schedule 1
Stage 1 amendments Part 1
No. , 2019
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019
3
Schedule 1--Amendments
1
Part 1--Stage 1 amendments
2
Social Security (Administration) Act 1999
3
1 At the end of section 123UCB
4
Add:
5
(5) A person is not subject to the income management regime under
6
this section on or after the day this subsection commences unless
7
the person was subject to the income management regime under
8
this section on the day before that day.
9
2 At the end of section 123UCC
10
Add:
11
(5) A person is not subject to the income management regime under
12
this section on or after the day this subsection commences unless
13
the person was subject to the income management regime under
14
this section on the day before that day.
15
Schedule 1 Amendments
Part 2 Stage 2 amendments
4
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019
No. , 2019
Part 2--Stage 2 amendments
1
Social Security (Administration) Act 1999
2
3 At the end of section 123UF
3
Add:
4
Relationship with Part 3D
5
(4) If a person becomes a trial participant under section 124PGD on a
6
day (the trigger day), the following apply:
7
(a) despite any other provision of this Part, the Secretary may, on
8
a day (the transfer day) before the end of 60 days beginning
9
on the trigger day, pay, to the credit of a welfare restricted
10
bank account (within the meaning of Part 3D) maintained by
11
the person, an amount equal to the credit balance (if any) of
12
the person's income management account as at the end of the
13
day before the transfer day;
14
(b) immediately after any such payment:
15
(i) the Income Management Record is debited by an
16
amount equal to the payment; and
17
(ii) the person's income management account is debited by
18
an amount equal to the payment;
19
(c) if the person is subject to the income management regime
20
under subsection (1) on the day before the trigger day--the
21
person ceases to be subject to the income management
22
regime under subsection (1) on the trigger day.
23
4 At the end of Division 2 of Part 3B
24
Add:
25
Amendments Schedule 1
Stage 2 amendments Part 2
No. , 2019
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019
5
Subdivision E--Relationship with Part 3D for Northern
1
Territory trial participants
2
123UP Relationship with Part 3D for Northern Territory trial
3
participants
4
(1) This section applies if a person becomes a trial participant under
5
section 124PGE on a day (the trigger day).
6
(2) Despite any other provision of this Part, the Secretary may, on a
7
day (the transfer day) before the end of 60 days beginning on the
8
trigger day, pay, to the credit of a welfare restricted bank account
9
(within the meaning of Part 3D) maintained by the person, an
10
amount equal to the credit balance (if any) of the person's income
11
management account as at the end of the day before the transfer
12
day.
13
(3) Immediately after any such payment:
14
(a) the Income Management Record is debited by an amount
15
equal to the payment; and
16
(b) the person's income management account is debited by an
17
amount equal to the payment.
18
(4) Subject to subsection (5) and despite any other provision of this
19
Part, the person is not subject to the income management regime
20
under any provision of this Part on or after the trigger day.
21
(5) Subsection (4) does not apply in relation to the person and a day if:
22
(a) the person is not a trial participant under section 124PGE on
23
that day; and
24
(b) the person's usual place of residence is not within the
25
Northern Territory on that day.
26
5 Before paragraph 123ZN(1)(a)
27
Insert:
28
(aa) making payments under paragraph 123UF(4)(a) or
29
subsection 123UP(2); and
30
Schedule 1 Amendments
Part 2 Stage 2 amendments
6
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019
No. , 2019
6 Section 124PB
1
Omit "The amount of each portion may be varied if a community body
2
gives a direction to the Secretary reflecting an agreement between the
3
community body and the recipient.", substitute "For certain recipients,
4
the amount of each portion may be varied by the Minister or Secretary.
5
For certain recipients, a community body may give a direction to the
6
Secretary to vary each portion that reflects agreements between the
7
community body and the recipients.".
8
7 Subsection 124PD(1)
9
Insert:
10
Cape York area means the area determined in an instrument under
11
subsection (1A).
12
category E welfare payment has the same meaning as in Part 3B.
13
category P welfare payment has the same meaning as in Part 3B.
14
child protection officer has the same meaning as in Part 3B.
15
eligible recipient has the same meaning as in Part 3B.
16
Part 3B payment nominee has the same meaning as in Part 3B.
17
Queensland Commission has the same meaning as in Part 3B.
18
recognised State/Territory authority has the same meaning as in
19
Part 3B.
20
8 Subsection 124PD(1) (paragraph (a) of the definition of
21
restrictable payment)
22
After "in relation to a trial participant", insert "under section 124PG,
23
124PGA, 124PGB or 124PGC".
24
9 Subsection 124PD(1) (after paragraph (a) of the definition of
25
restrictable payment)
26
Insert:
27
(aa) in relation to a trial participant under section 124PGD or
28
124PGE, means:
29
(i) a payment of a kind listed in paragraph (a); or
30
Amendments Schedule 1
Stage 2 amendments Part 2
No. , 2019
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019
7
(ii) an age pension; or
1
(iii) a social security bereavement payment in relation to an
2
age pension under Division 9 of Part 2.2 of the 1991
3
Act; or
4
(iv) a distance education payment under the scheme known
5
as the Assistance for Isolated Children Scheme, where
6
the payment relates to a child or children at a Homeland
7
Learning Centre; or
8
10 Subsection 124PD(1) (after paragraph (d) of the definition
9
of trial area)
10
Insert:
11
(e) the Cape York area;
12
(f) the Northern Territory;
13
11 Subsection 124PD(1) (definition of trial area)
14
After "any part of such an area", insert ", or any part of the Northern
15
Territory,".
16
12 Subsection 124PD(1) (definition of trial participant)
17
Omit "124PGC", substitute "124PGE".
18
13 Subsection 124PD(1)
19
Insert:
20
vulnerable welfare payment recipient has the same meaning as in
21
Part 3B.
22
14 After subsection 124PD(1)
23
Insert:
24
(1A) The Minister may, by notifiable instrument, determine an area for
25
the purposes of the definition of Cape York area in subsection (1).
26
15 Subsection 124PD(2)
27
After "a part of an area", insert ", or a part of the Northern Territory,".
28
Schedule 1 Amendments
Part 2 Stage 2 amendments
8
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019
No. , 2019
16 At the end of section 124PD
1
Add:
2
(3) Despite subsection 14(2) of the Legislation Act 2003, a notifiable
3
instrument under subsection (1A) or (2) of this section may make
4
provision in relation to a matter by applying, adopting or
5
incorporating, with or without modification, any matter contained
6
in an instrument or other writing as in force or existing from time
7
to time.
8
17 Paragraph 124PF(1)(b)
9
Repeal the paragraph, substitute:
10
(b) ending at the end of:
11
(i) except in relation to the Cape York area--30 June 2021;
12
or
13
(ii) in relation to the Cape York area--31 December 2021.
14
18 Subsection 124PF(3)
15
Repeal the subsection.
16
19 Paragraph 124PG(1)(d)
17
Repeal the paragraph, substitute:
18
(d) if the person has a Part 3B payment nominee--that nominee
19
is a trial participant or is subject to the income management
20
regime under Part 3B; and
21
20 Paragraph 124PG(1)(f)
22
Repeal the paragraph.
23
21 Paragraph 124PGA(1)(d)
24
Repeal the paragraph, substitute:
25
(d) if the person has a Part 3B payment nominee--that nominee
26
is a trial participant or is subject to the income management
27
regime under Part 3B; and
28
22 Paragraph 124PGA(1)(f)
29
Repeal the paragraph.
30
Amendments Schedule 1
Stage 2 amendments Part 2
No. , 2019
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019
9
23 Paragraph 124PGB(1)(d)
1
Repeal the paragraph, substitute:
2
(d) if the person has a Part 3B payment nominee--that nominee
3
is a trial participant or is subject to the income management
4
regime under Part 3B; and
5
24 Paragraph 124PGB(1)(f)
6
Repeal the paragraph.
7
25 Paragraph 124PGC(1)(d)
8
Repeal the paragraph, substitute:
9
(d) if the person has a Part 3B payment nominee--that nominee
10
is a trial participant or is subject to the income management
11
regime under Part 3B; and
12
26 Paragraph 124PGC(1)(e)
13
Repeal the paragraph.
14
27 At the end of Subdivision A of Division 2 of Part 3D
15
Add:
16
124PGD Trial participants--Cape York area
17
(1) A person is a trial participant if:
18
(a) the person's usual place of residence is, becomes or was
19
within the Cape York area; and
20
(b) the person, or the person's partner, is an eligible recipient of
21
a category P welfare payment; and
22
(c) a written notice given under a law of Queensland from the
23
Queensland Commission to the Secretary requiring that the
24
person be a trial participant under this section is in force; and
25
(d) if the person has a Part 3B payment nominee--that nominee
26
is a trial participant or is subject to the income management
27
regime under Part 3B.
28
(2) To avoid doubt, if a person's usual place of residence becomes
29
within the Cape York area and subsection (1) applies to the person,
30
the person is a trial participant on and after the day that the
31
Schedule 1 Amendments
Part 2 Stage 2 amendments
10
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019
No. , 2019
person's usual place of residence becomes within the Cape York
1
area.
2
124PGE Trial participants--Northern Territory
3
(1) A person is a trial participant if:
4
(a) the person's usual place of residence is, becomes or was
5
within the Northern Territory; and
6
(b) the person is an eligible recipient of a category E welfare
7
payment; and
8
(c) if the person has a Part 3B payment nominee--that nominee
9
is a trial participant or is subject to the income management
10
regime under Part 3B; and
11
(d) the person is not undertaking full-time study (as defined by
12
section 541B of the 1991 Act); and
13
(e) the Secretary gives the person a notice under subsection (5)
14
stating that the person is a trial participant under this
15
subsection and the notice is in force; and
16
(f) the person is not covered by a determination under
17
subsection 124PHA(1); and
18
(g) the person is not covered by a determination under
19
subsection 124PHB(3).
20
(2) A person is a trial participant if:
21
(a) the person's usual place of residence is, becomes or was
22
within the Northern Territory; and
23
(b) the person, or the person's partner, is an eligible recipient of
24
a category P welfare payment; and
25
(c) a child protection officer of the Northern Territory, or an
26
officer or employee of a recognised State/Territory authority
27
of the Northern Territory, gives the Secretary a written notice
28
requiring that the person be a trial participant under this
29
section and the notice is in force; and
30
(d) the notice is given:
31
(i) under a law (whether written or unwritten) in force in
32
the Northern Territory (other than a law of the
33
Commonwealth); or
34
(ii) in the exercise of the executive power of the Northern
35
Territory; and
36
Amendments Schedule 1
Stage 2 amendments Part 2
No. , 2019
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019
11
(e) if the person has a Part 3B payment nominee--that nominee
1
is a trial participant or is subject to the income management
2
regime under Part 3B; and
3
(f) the person is not undertaking full-time study (as defined by
4
section 541B of the 1991 Act); and
5
(g) the Secretary gives the person a notice under subsection (5)
6
stating that the person is a trial participant under this
7
subsection and the notice is in force; and
8
(h) the person is not covered by a determination under
9
subsection 124PHA(1); and
10
(i) the person is not covered by a determination under
11
subsection 124PHB(3).
12
(3) A person is a trial participant if:
13
(a) the person's usual place of residence is, becomes or was
14
within the Northern Territory; and
15
(b) the person is an eligible recipient of a category P welfare
16
payment; and
17
(c) the person is a vulnerable welfare payment recipient; and
18
(d) if the person has a Part 3B payment nominee--that nominee
19
is a trial participant or is subject to the income management
20
regime under Part 3B; and
21
(e) the person is not undertaking full-time study (as defined by
22
section 541B of the 1991 Act); and
23
(f) the Secretary gives the person a notice under subsection (5)
24
stating that the person is a trial participant under this
25
subsection and the notice is in force; and
26
(g) the person is not covered by a determination under
27
subsection 124PHA(1); and
28
(h) the person is not covered by a determination under
29
subsection 124PHB(3).
30
(4) To avoid doubt, if a person's usual place of residence becomes
31
within the Northern Territory and subsection (1), (2) or (3) applies
32
to the person, the person is a trial participant on and after the day
33
that the person's usual place of residence becomes within the
34
Northern Territory.
35
Schedule 1 Amendments
Part 2 Stage 2 amendments
12
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019
No. , 2019
Secretary's notice
1
(5) The Secretary may give a person a written notice stating that the
2
person is a trial participant under subsection (1), (2) or (3). The
3
notice come into force on a day specified in the notice (which must
4
not be earlier than the day on which the notice is given).
5
Note:
The Secretary may give more than one notice to a person (see
6
subsection 33(1) of the Acts Interpretation Act 1901).
7
(6) The Secretary may revoke the notice. The Secretary must notify
8
the person of the revocation.
9
(7) A notice under subsection (5) is not a legislative instrument.
10
28 Paragraph 124PH(1)(b)
11
Omit "(except the Bundaberg and Hervey Bay area)".
12
29 Paragraph 124PH(1)(ba)
13
Repeal the paragraph, substitute:
14
(ba) if the person has a Part 3B payment nominee--that nominee
15
is a trial participant or is subject to the income management
16
regime under Part 3B; and
17
30 Paragraph 124PH(1)(bc)
18
Repeal the paragraph.
19
31 At the end of section 124PHA
20
Add:
21
(5) A determination under subsection (1) has no effect in relation to
22
section 124PGD (Cape York area).
23
32 At the end of subsection 124PHB(1)
24
Add "if the person is a trial participant under section 124PG, 124PGA,
25
124PGB, 124PGC or 124PGE".
26
33 Before subsection 124PJ(1)
27
Insert:
28
Amendments Schedule 1
Stage 2 amendments Part 2
No. , 2019
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019
13
Payments by instalments
1
34 Subsection 124PJ(1)
2
Omit "trial participant or voluntary participant", substitute "person who
3
is a trial participant under section 124PG, 124PGA, 124PGB or
4
124PGC or who is a voluntary participant".
5
35 At the end of subsection 124PJ(1)
6
Add:
7
Note:
The percentages may be varied under subsection (3) or section 124PK.
8
36 After subsection 124PJ(1)
9
Insert:
10
(1A) If an instalment of a restrictable payment is payable to a person
11
who is a trial participant under section 124PGD:
12
(a) the percentage of the gross amount of the payment that is
13
restricted (the restricted portion) is:
14
(i) if the notice referred to in paragraph 124PGD(1)(c)
15
specifies a percentage for the purposes of this
16
subparagraph--that percentage; or
17
(ii) otherwise--50%; and
18
(b) the percentage of the gross amount of the payment that is
19
unrestricted (the unrestricted portion) is:
20
(i) if subparagraph (a)(i) applies--a percentage that is
21
equal to 100% minus the percentage applicable under
22
that subparagraph; or
23
(ii) otherwise--50%.
24
Note:
The percentages may be varied under subsection (3).
25
(1B) If an instalment of a restrictable payment is payable to a person
26
who is a trial participant under subsection 124PGE(1):
27
(a) 50% of the gross amount of the payment is restricted (the
28
restricted portion); and
29
(b) 50% of the gross amount of the payment is unrestricted (the
30
unrestricted portion).
31
Note:
The percentages may be varied under subsection (2A) or (3).
32
Schedule 1 Amendments
Part 2 Stage 2 amendments
14
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019
No. , 2019
(1C) If an instalment of a restrictable payment is payable to a person
1
who is a trial participant under subsection 124PGE(2):
2
(a) 70% of the gross amount of the payment is restricted (the
3
restricted portion); and
4
(b) 30% of the gross amount of the payment is unrestricted (the
5
unrestricted portion).
6
Note:
The percentages may be varied under subsection (2B) or (3).
7
(1D) If an instalment of a restrictable payment is payable to a person
8
who is a trial participant under subsection 124PGE(3):
9
(a) 50% of the gross amount of the payment is restricted (the
10
restricted portion); and
11
(b) 50% of the gross amount of the payment is unrestricted (the
12
unrestricted portion).
13
Note:
The percentages may be varied under subsection (2B) or (3).
14
37 Before subsection 124PJ(2)
15
Insert:
16
Payments otherwise than by instalments
17
38 At the end of subsection 124PJ(2)
18
Add:
19
Note:
The percentage may be varied under subsection (3).
20
39 After subsection 124PJ(2)
21
Insert:
22
Variation by Minister for Northern Territory trial participants
23
(2A) The Minister may, by notifiable instrument, make a determination
24
that, for persons who are trial participants under
25
subsection 124PGE(1) and whose usual place of residence is,
26
becomes or was within an area specified in the instrument:
27
(a) varies the percentage amount in paragraph (1B)(a) to a
28
percentage that is higher than 50% and is less than or equal to
29
100%; and
30
Amendments Schedule 1
Stage 2 amendments Part 2
No. , 2019
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019
15
(b) varies the percentage amount in paragraph (1B)(b) to a
1
percentage that is below 50% (including 0%).
2
(2B) The Minister may, by notifiable instrument, make a determination
3
that, for persons who are trial participants under
4
subsection 124PGE(2) or (3):
5
(a) varies the percentage amount in paragraph (1C)(a) or (1D)(a)
6
to a percentage (not exceeding 100% and including 0%)
7
specified in the instrument; and
8
(b) varies the percentage amount in paragraph (1C)(b) or (1D)(b)
9
to a percentage (not exceeding 100% and including 0%)
10
specified in the instrument.
11
(2C) A determination under subsection (2A) or (2B) has no effect in
12
relation to a trial participant during the period a determination
13
under subsection (3) is in effect in relation to the trial participant.
14
40 Before subsection 124PJ(3)
15
Insert:
16
Variation by Secretary
17
41 Paragraph 124PJ(3)(a)
18
After "paragraph (1)(a)", insert ", (1A)(a), (1B)(a), (1C)(a) or (1D)(a)".
19
42 Paragraph 124PJ(3)(b)
20
After "paragraph (1)(b)", insert ", (1A)(b), (1B)(b), (1C)(b) or (1D)(b)".
21
43 At the end of Division 4 of Part 3D
22
Add:
23
124POA Disclosure of information to community body--person
24
ceases to be a trial participant or voluntary participant
25
If a person ceases to be a trial participant or a voluntary participant,
26
the Secretary may disclose the following information to a member,
27
officer or employee of the relevant community body (if any):
28
(a) the fact that the person has ceased to be a trial participant or a
29
voluntary participant;
30
Schedule 1 Amendments
Part 2 Stage 2 amendments
16
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019
No. , 2019
(b) the day of the cessation;
1
(c) if the person ceased to be a trial participant because of a
2
determination under subsection 124PHA(1) or 124PHB(3)--
3
the fact that a determination has been made under that
4
subsection.
5
124POB Disclosure of information--Queensland Commission
6
(1) Despite any law (whether written or unwritten) in force in
7
Queensland, the Queensland Commission may give the Secretary
8
information about a person if:
9
(a) either:
10
(i) the person is a trial participant under section 124PGD;
11
or
12
(ii) the Queensland Commission is considering whether to
13
give a notice of the kind referred to in
14
paragraph 124PGD(1)(c) in relation to the person; and
15
(b) the disclosed information is relevant to the operation of this
16
Part.
17
(2) If information about a person is disclosed by the Queensland
18
Commission as mentioned in subsection (1), the Secretary may
19
disclose information about the person to the Queensland
20
Commission for the purposes of the performance of the functions,
21
or the exercise of the powers, of the Queensland Commission.
22
(3) If:
23
(a) a person ceases to be a trial participant under
24
section 124PGD because of the cancellation of a category P
25
welfare payment of the person or the person's partner; and
26
(b) immediately before the cancellation, the relevant notice
27
referred to in paragraph 124PGD(1)(c) had not been
28
withdrawn or revoked;
29
then, as soon as practicable after the cancellation, the Secretary
30
must give the Queensland Commission written notice of the
31
cancellation.
32
Amendments Schedule 1
Stage 2 amendments Part 2
No. , 2019
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019
17
124POC Disclosure of information--child protection officer of
1
Northern Territory
2
(1) Despite any law (whether written or unwritten) in force in the
3
Northern Territory, a child protection officer of the Northern
4
Territory may give the Secretary information about a person if:
5
(a) either:
6
(i) the person is a trial participant under
7
subsection 124PGE(2); or
8
(ii) the child protection officer is considering whether to
9
give a notice of the kind referred to in
10
paragraph 124PGE(2)(c) in relation to the person; and
11
(b) the disclosed information is relevant to the operation of this
12
Part.
13
(2) If information about a person is disclosed as mentioned in
14
subsection (1), the Secretary may disclose information about the
15
person to a child protection officer of the Northern Territory for the
16
purposes of the performance of the functions and duties, or the
17
exercise of the powers, of the child protection officer in relation to
18
the care, protection or welfare of children.
19
(3) If:
20
(a) a person ceases to be a trial participant under
21
subsection 124PGE(2) because of the cancellation of a
22
category P welfare payment of the person or the person's
23
partner; and
24
(b) immediately before the cancellation, the relevant notice
25
referred to in paragraph 124PGE(2)(c) had not been
26
withdrawn or revoked; and
27
(c) the notice was given by a child protection officer of the
28
Northern Territory;
29
then, as soon as practicable after the cancellation, the Secretary
30
must give a child protection officer of the Northern Territory
31
written notice of the cancellation.
32
Schedule 1 Amendments
Part 2 Stage 2 amendments
18
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019
No. , 2019
124POD Disclosure of information--officer or employee of
1
recognised State/Territory authority of Northern
2
Territory
3
(1) Despite any law (whether written or unwritten) in force in the
4
Northern Territory, an officer or employee of a recognised
5
State/Territory authority of the Northern Territory may give the
6
Secretary information about a person if:
7
(a) either:
8
(i) the person is a trial participant under
9
subsection 124PGE(2); or
10
(ii) the officer or employee is considering whether to give a
11
notice of the kind referred to in paragraph 124PGE(2)(c)
12
in relation to the person; and
13
(b) the disclosed information is relevant to the operation of this
14
Part.
15
(2) If information about a person is disclosed as mentioned in
16
subsection (1), the Secretary may disclose information about the
17
person to an officer or employee of the recognised State/Territory
18
authority for the purposes of the performance of the functions and
19
duties, or the exercise of the powers, of the officer or employee.
20
(3) If:
21
(a) a person ceases to be a trial participant under
22
subsection 124PGE(2) because of the cancellation of a
23
category P welfare payment of the person or the person's
24
partner; and
25
(b) immediately before the cancellation, the relevant notice
26
referred to in paragraph 124PGE(2)(c) had not been
27
withdrawn or revoked; and
28
(c) the notice was given by an officer or employee of a
29
recognised State/Territory authority of the Northern
30
Territory;
31
then, as soon as practicable after the cancellation, the Secretary
32
must give an officer or employee of the recognised State/Territory
33
authority written notice of the cancellation.
34
44 Before paragraph 127(4)(a)
35
Insert:
36
Amendments Schedule 1
Stage 2 amendments Part 2
No. , 2019
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019
19
(aa) a decision to make a payment under paragraph 123UF(4)(a)
1
or subsection 123UP(2); or
2
(ab) a decision to give a notice (a trial participant notice) under
3
subsection 124PGE(5); or
4
(ac) a decision under subsection 124PGE(6) to revoke a trial
5
participant notice; or
6
45 After paragraph 144(k)
7
Insert:
8
(l) a decision to make a payment under paragraph 123UF(4)(a)
9
or subsection 123UP(2);
10
(la) a decision to give a notice (a trial participant notice) under
11
subsection 124PGE(5);
12
(lb) a decision under subsection 124PGE(6) to revoke a trial
13
participant notice;
14
46 Paragraph 192(db)
15
After "Part 3B", insert "or 3D".
16
47 Application and transitional provisions
--Cape York area
17
(1)
Section 124PGD of the Social Security (Administration) Act 1999, as
18
added by this Part, applies in relation to a person whose usual place of
19
residence:
20
(a) is, on the day this item commences, within the Cape York
21
area; or
22
(b) becomes, on or after the day this item commences, within the
23
Cape York area.
24
Note:
That section may continue to apply to the person if the person's usual place of residence
25
after the commencement of this item ceases to be in the Cape York area.
26
(2)
If:
27
(a) before the commencement of this item, the Queensland
28
Commission (within the meaning of Part 3B of the Social
29
Security (Administration) Act 1999 (the Act)) gave the
30
Secretary a written notice as mentioned in
31
paragraph 123UF(1)(b) of the Act; and
32
(b) the notice required that a person be subject to the income
33
management regime under section 123UF of the Act; and
34
Schedule 1 Amendments
Part 2 Stage 2 amendments
20
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019
No. , 2019
(c) the notice was given under a law of Queensland; and
1
(d) the notice was not given in such circumstances (if any) as are
2
specified in a legislative instrument made by the Minister for
3
the purposes of paragraph 123UF(1)(d) of the Act; and
4
(e) the notice was in force immediately before the
5
commencement of this item;
6
then, for the purposes of Parts 3B and 3D of the Act on and after that
7
commencement, the notice has effect as if it had been given under a law
8
of Queensland from the Queensland Commission to the Secretary
9
requiring that the person be a trial participant under section 124PGD of
10
the Act (and had not required that the person be subject to the income
11
management regime under section 123UF of the Act).
12
(3)
Subitem (2) ceases to apply in relation to the person and a notice
13
referred to in paragraph (2)(a) if the notice is withdrawn or revoked.
14
(4)
If:
15
(a) on or after the commencement of this item, the Queensland
16
Commission (within the meaning of Part 3B of the Social
17
Security (Administration) Act 1999 (the Act)) gives the
18
Secretary a written notice; and
19
(b) the notice requires that a person be subject to the income
20
management regime under section 123UF of the Act;
21
then, for the purposes of Parts 3B and 3D of the Act, the notice has
22
effect as if it were a written notice given under a law of Queensland
23
from the Queensland Commission to the Secretary requiring that the
24
person be a trial participant under section 124PGD of the Act (and not
25
requiring that the person be subject to the income management regime
26
under section 123UF of the Act).
27
(5)
Subitem (4) ceases to apply in relation to the person and a notice
28
referred to in paragraph (4)(a) if the notice is withdrawn or revoked.
29
(6)
If:
30
(a) subitem (2) or (4) applies in relation to a person; and
31
(b) the notice referred to in paragraph (2)(a) or (4)(a) specifies a
32
percentage in connection with the exercise of a power of the
33
Secretary under subsection 123XM(3) of the Social Security
34
(Administration) Act 1999 in relation to the person;
35
Amendments Schedule 1
Stage 2 amendments Part 2
No. , 2019
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019
21
then that percentage is taken to be the percentage applicable under
1
subparagraph 124PJ(1A)(a)(i) of that Act in relation to the person.
2
48 Application and transitional provisions
--Northern
3
Territory
4
(1)
Section 124PGE of the Social Security (Administration) Act 1999, as
5
added by this Part, applies in relation to a person whose usual place of
6
residence:
7
(a) is, on the day this item commences, within the Northern
8
Territory; or
9
(b) becomes, on or after the day this item commences, within the
10
Northern Territory.
11
Note:
That section may continue to apply to the person if the person's usual place of residence
12
after the commencement of this item ceases to be in the Northern Territory.
13
(2)
If:
14
(a) before the commencement of this item:
15
(i) a child protection officer (within the meaning of Part 3B
16
of the Social Security (Administration) Act 1999 (the
17
Act)) of the Northern Territory gave the Secretary a
18
written notice requiring that a person be subject to the
19
income management regime under section 123UC of the
20
Act; or
21
(ii) an officer or employee of a recognised State/Territory
22
authority (within the meaning of that Part) gave the
23
Secretary a written notice requiring that a person be
24
subject to the income management regime under
25
section 123UFAA of the Act; and
26
(b) the notice was given:
27
(i) under a law (whether written or unwritten) in force in
28
the Northern Territory (other than a law of the
29
Commonwealth); or
30
(ii) in the exercise of the executive power of the Northern
31
Territory; and
32
(c) the notice was in force immediately before the
33
commencement of this item;
34
Schedule 1 Amendments
Part 2 Stage 2 amendments
22
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019
No. , 2019
then, for the purposes of working out if the person is a trial participant
1
under section 124PGE of the Act on or after that commencement, the
2
notice also has effect as if it were a notice in respect of which
3
paragraphs 124PGE(2)(c) and (d) of the Act are satisfied.
4
(3)
Subitem (2) ceases to apply in relation to the person and a notice
5
referred to in paragraph (2)(a) if the notice is withdrawn or revoked.
6
(4)
If:
7
(a) on or after the commencement of this item:
8
(i) a child protection officer (within the meaning of Part 3B
9
of the Social Security (Administration) Act 1999 (the
10
Act)) of the Northern Territory gives the Secretary a
11
written notice requiring that a person be subject to the
12
income management regime under section 123UC of the
13
Act; or
14
(ii) an officer or employee of a recognised State/Territory
15
authority (within the meaning of that Part) gives the
16
Secretary a written notice requiring that a person be
17
subject to the income management regime under
18
section 123UFAA of the Act; and
19
(b) the notice is given:
20
(i) under a law (whether written or unwritten) in force in
21
the Northern Territory (other than a law of the
22
Commonwealth); or
23
(ii) in the exercise of the executive power of the Northern
24
Territory;
25
then, for the purposes of working out if the person is a trial participant
26
under section 124PGE of the Act, the notice also has effect as if it were
27
a notice in respect of which paragraphs 124PGE(2)(c) and (d) of the Act
28
are satisfied.
29
(5)
Subitem (4) ceases to apply in relation to the person and a notice
30
referred to in paragraph (4)(a) if the notice is withdrawn or revoked.
31
(6)
Paragraph 124PGE(3)(c) of the Social Security (Administration) Act
32
1999, as added by this Part, applies in relation to a determination made
33
under section 123UGA of that Act before, on or after the
34
commencement of this item.
35
Amendments Schedule 1
Stage 2 amendments Part 2
No. , 2019
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019
23
49 Application provision
--disclosure of information to
1
community body
2
Section 124POA of the Social Security (Administration) Act 1999, as
3
added by this Part, applies in relation to a person who ceases to be a
4
trial participant or a voluntary participant on or after the commencement
5
of this item.
6
50 Transitional provisions
--other matters
7
(1)
The Minister may, by legislative instrument, make rules prescribing
8
matters of a transitional nature (including prescribing any saving or
9
application provisions) relating to the amendments or repeals made by
10
this Part.
11
(2)
To avoid doubt, the rules may not do the following:
12
(a) create an offence or civil penalty;
13
(b) provide powers of:
14
(i) arrest or detention; or
15
(ii) entry, search or seizure;
16
(c) impose a tax;
17
(d) set an amount to be appropriated from the Consolidated
18
Revenue Fund under an appropriation in this Act;
19
(e) directly amend the text of this Act.
20
(3)
This Part (other than subitem (2)) does not limit the rules that may be
21
made for the purposes of subitem (1).
22
Schedule 1 Amendments
Part 3 Other amendments
24
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019
No. , 2019
Part 3--Other amendments
1
Social Security (Administration) Act 1999
2
51 Subsections 124PS(2) and (3)
3
Repeal the subsections.
4