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.
2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security (Administration)
Amendment (Repeal of Cashless Debit
Card and Other Measures) Bill 2022
No. , 2022
(Social Services)
A Bill for an Act to amend the law relating to social
security, and for related purposes
No. , 2022
Social Security (Administration) Amendment (Repeal of Cashless Debit
Card and Other Measures) Bill 2022
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
15
A New Tax System (Family Assistance) (Administration) Act 1999
15
National Emergency Declaration Act 2020
15
Social Security Act 1991
15
Social Security (Administration) Act 1999
16
No. , 2022
Social Security (Administration) Amendment (Repeal of Cashless Debit
Card and Other Measures) Bill 2022
1
A Bill for an Act to amend the law relating to social
1
security, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Social Security (Administration) Amendment
5
(Repeal of Cashless Debit Card and Other Measures) Act 2022
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Social Security (Administration) Amendment (Repeal of Cashless Debit
Card and Other Measures) Bill 2022
No. , 2022
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
The later of:
(a) the day after this Act receives the Royal
Assent; and
(b) 19 September 2022.
3. Schedule 1,
Part 2
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
Stage 1 amendments
Part 1
No. , 2022
Social Security (Administration) Amendment (Repeal of Cashless Debit
Card and Other Measures) Bill 2022
3
Schedule 1--Amendments
1
Part 1--Stage 1 amendments
2
Social Security (Administration) Act 1999
3
1 Section 123TC
4
Insert:
5
closure day
means the day on which Part 1 of Schedule 1 to the
6
Social Security (Administration) Amendment (Repeal of Cashless
7
Debit Card and Other Measures) Act 2022
commences.
8
repeal day
means the day on which Part 2 of Schedule 1 to the
9
Social Security (Administration) Amendment (Repeal of Cashless
10
Debit Card and Other Measures) Act 2022
commences.
11
2 At the end of subsection 123UC(1)
12
Add:
13
; and (i) if the person was a program participant under
14
section 124PGE on the day before the closure day--at the
15
test time, the person is included in a class of persons
16
determined in an instrument under subsection (3) of this
17
section.
18
3 At the end of section 123UC
19
Add:
20
(3) The Minister may, by legislative instrument, determine a class of
21
persons for the purposes of paragraph (1)(i).
22
4 At the end of subsection 123UCA(1)
23
Add:
24
; and (f) if the person was a program participant under
25
section 124PGE on the day before the closure day and on or
26
after that day the person has ceased to be a program
27
participant under that section--at the test time, the person is
28
included in a class of persons determined in an instrument
29
under subsection (4) of this section.
30
Schedule 1
Amendments
Part 1
Stage 1 amendments
4
Social Security (Administration) Amendment (Repeal of Cashless Debit
Card and Other Measures) Bill 2022
No. , 2022
5 Paragraph 123UCA(2)(c)
1
Omit "and (e)", substitute ", (e) and (f)".
2
6 Subsection 123UCA(2)
3
Omit "or (e)", substitute ", (e) or (f)".
4
7 At the end of section 123UCA
5
Add:
6
(4) The Minister may, by legislative instrument, determine a class of
7
persons for the purposes of paragraph (1)(f).
8
(5) If:
9
(a) a person was a program participant under section 124PGE on
10
the day before the closure day; and
11
(b) on or after that day and before the repeal day, the Secretary
12
made a determination under subsection 124PHA(1) or
13
124PHB(3) in relation to the person;
14
then, despite subsection (1) of this section, the person cannot
15
become subject to the income management regime under this
16
section at any time after the making of that determination.
17
8 At the end of subsection 123UCB(1)
18
Add:
19
; and (h) if the person was a program participant under
20
section 124PGE on the day before the closure day and on or
21
after that day the person has ceased to be a program
22
participant under that section--at the test time, the person is
23
included in a class of persons determined in an instrument
24
under subsection (5) of this section.
25
9 Paragraph 123UCB(3)(c)
26
Omit ", and (f)", substitute ", (f) and (h)".
27
10 Paragraph 123UCB(3)(d)
28
Omit ", or (f)", substitute ", (f) or (h)".
29
Amendments
Schedule 1
Stage 1 amendments
Part 1
No. , 2022
Social Security (Administration) Amendment (Repeal of Cashless Debit
Card and Other Measures) Bill 2022
5
11 At the end of section 123UCB
1
Add:
2
(5) The Minister may, by legislative instrument, determine a class of
3
persons for the purposes of paragraph (1)(h).
4
(6) If:
5
(a) a person was a program participant under section 124PGE on
6
the day before the closure day; and
7
(b) on or after that day and before the repeal day, the Secretary
8
made a determination under subsection 124PHA(1) or
9
124PHB(3) in relation to the person;
10
then, despite subsections (1) and (2) of this section, the person
11
cannot become subject to the income management regime under
12
this section at any time after the making of that determination.
13
12 At the end of subsection 123UCC(1)
14
Add:
15
; and (h) if the person was a program participant under
16
section 124PGE on the day before the closure day and on or
17
after that day the person has ceased to be a program
18
participant under that section--at the test time, the person is
19
included in a class of persons determined in an instrument
20
under subsection (5) of this section.
21
13 Paragraph 123UCC(3)(c)
22
Omit ", and (f)", substitute ", (f) and (h)".
23
14 Paragraph 123UCC(3)(d)
24
Omit ", or (f)", substitute ", (f) or (h)".
25
15 At the end of section 123UCC
26
Add:
27
(5) The Minister may, by legislative instrument, determine a class of
28
persons for the purposes of paragraph (1)(h).
29
(6) If:
30
Schedule 1
Amendments
Part 1
Stage 1 amendments
6
Social Security (Administration) Amendment (Repeal of Cashless Debit
Card and Other Measures) Bill 2022
No. , 2022
(a) a person was a program participant under section 124PGE on
1
the day before the closure day; and
2
(b) on or after that day and before the repeal day, the Secretary
3
made a determination under subsection 124PHA(1) or
4
124PHB(3) in relation to the person;
5
then, despite subsections (1) and (2) of this section, the person
6
cannot become subject to the income management regime under
7
this section at any time after the making of that determination.
8
16 After paragraph 123UD(1)(h)
9
Insert:
10
(ha) if the person was a program participant under
11
section 124PGE on the day before the closure day and on or
12
after that day the person has ceased to be a program
13
participant under that section--at the test time, the person is
14
included in a class of persons determined in an instrument
15
under subsection (4A) of this section; and
16
17 After subsection 123UD(4)
17
Insert:
18
(4A) The Minister may, by legislative instrument, determine a class of
19
persons for the purposes of paragraph (1)(ha).
20
(4B) If:
21
(a) a person was a program participant under section 124PGE on
22
the day before the closure day; and
23
(b) on or after that day and before the repeal day, the Secretary
24
made a determination under subsection 124PHA(1) or
25
124PHB(3) in relation to the person;
26
then, despite subsections (1) and (4) of this section, the person
27
cannot become subject to the income management regime under
28
this section at any time after the making of that determination.
29
18 After paragraph 123UE(1)(k)
30
Insert:
31
(ka) if the person was a program participant under
32
section 124PGE on the day before the closure day and on or
33
after that day the person has ceased to be a program
34
Amendments
Schedule 1
Stage 1 amendments
Part 1
No. , 2022
Social Security (Administration) Amendment (Repeal of Cashless Debit
Card and Other Measures) Bill 2022
7
participant under that section--at the test time, the person is
1
included in a class of persons determined in an instrument
2
under subsection (5) of this section; and
3
19 At the end of section 123UE
4
Add:
5
(5) The Minister may, by legislative instrument, determine a class of
6
persons for the purposes of paragraph (1)(ka).
7
(6) If:
8
(a) a person was a program participant under section 124PGE on
9
the day before the closure day; and
10
(b) on or after that day and before the repeal day, the Secretary
11
made a determination under subsection 124PHA(1) or
12
124PHB(3) in relation to the person;
13
then, despite subsections (1) and (4) of this section, the person
14
cannot become subject to the income management regime under
15
this section at any time after the making of that determination.
16
20 Paragraph 123UF(1)(b)
17
After "test time", insert "and on or after the closure day".
18
21 Paragraph 123UF(1)(f)
19
Omit "nominee; and", substitute "nominee.".
20
22 Paragraph 123UF(1)(g)
21
Repeal the paragraph.
22
23 Paragraph 123UF(2)(c)
23
After "test time", insert "and on or after the closure day".
24
24 Paragraph 123UF(2)(g)
25
Omit "nominee; and", substitute "nominee.".
26
25 Paragraph 123UF(2)(h)
27
Repeal the paragraph.
28
Schedule 1
Amendments
Part 1
Stage 1 amendments
8
Social Security (Administration) Amendment (Repeal of Cashless Debit
Card and Other Measures) Bill 2022
No. , 2022
26 Subsection 123UF(4)
1
Repeal the subsection, substitute:
2
(4) If:
3
(a) a person was a program participant under section 124PGE on
4
the day before the closure day; and
5
(b) on or after that day and before the repeal day, the Secretary
6
made a determination under subsection 124PHA(1) or
7
124PHB(3) in relation to the person;
8
then, despite subsections (1) to (3) of this section, the person
9
cannot become subject to the income management regime under
10
this section at any time after the making of that determination.
11
27 At the end of subsection 123UFAA(1)
12
Add:
13
; and (h) if the person was a program participant under
14
section 124PGE on the day before the closure day and on or
15
after that day the person has ceased to be a program
16
participant under that section--at the test time, the person is
17
included in a class of persons determined in an instrument
18
under subsection (3) of this section.
19
28 At the end of section 123UFAA
20
Add:
21
(3) The Minister may, by legislative instrument, determine a class of
22
persons for the purposes of paragraph (1)(h).
23
(4) If:
24
(a) a person was a program participant under section 124PGE on
25
the day before the closure day; and
26
(b) on or after that day and before the repeal day, the Secretary
27
made a determination under subsection 124PHA(1) or
28
124PHB(3) in relation to the person;
29
then, despite subsections (1) and (2) of this section, the person
30
cannot become subject to the income management regime under
31
this section at any time after the making of that determination.
32
Amendments
Schedule 1
Stage 1 amendments
Part 1
No. , 2022
Social Security (Administration) Amendment (Repeal of Cashless Debit
Card and Other Measures) Bill 2022
9
29 Subdivision E of Division 2 of Part 3B
1
Repeal the Subdivision.
2
30 Paragraph 123ZN(1)(aa)
3
Repeal the paragraph.
4
31 Subsection 124PD(1)
5
Insert:
6
closure day
means the day on which Part 1 of Schedule 1 to the
7
Social Security (Administration) Amendment (Repeal of Cashless
8
Debit Card and Other Measures) Act 2022
commences.
9
32 Section 124PF
10
Repeal the section.
11
33 At the end of section 124PG
12
Add:
13
(7) The Secretary cannot give a notice under subsection (4) on or after
14
the closure day.
15
Ceasing to be a program participant
16
(8) A person may make a request to the Secretary to cease to be a
17
program participant under this section. The request cannot be
18
withdrawn or revoked.
19
(9) If the person does so, the Secretary must give the person a notice
20
stating that the person ceases to be a program participant under this
21
section. The notice comes into force on a day specified in the
22
notice (which must be no later than 7 days after the day on which
23
the request was made).
24
(10) A notice under subsection (9) has effect accordingly.
25
(11) A notice under subsection (9) is not a legislative instrument.
26
34 At the end of section 124PGA
27
Add:
28
Schedule 1
Amendments
Part 1
Stage 1 amendments
10
Social Security (Administration) Amendment (Repeal of Cashless Debit
Card and Other Measures) Bill 2022
No. , 2022
(7) The Secretary cannot give a notice under subsection (4) on or after
1
the closure day.
2
Ceasing to be a program participant
3
(8) A person may make a request to the Secretary to cease to be a
4
program participant under this section. The request cannot be
5
withdrawn or revoked.
6
(9) If the person does so, the Secretary must give the person a notice
7
stating that the person ceases to be a program participant under this
8
section. The notice comes into force on a day specified in the
9
notice (which must be no later than 7 days after the day on which
10
the request was made).
11
(10) A notice under subsection (9) has effect accordingly.
12
(11) A notice under subsection (9) is not a legislative instrument.
13
35 At the end of section 124PGB
14
Add:
15
(7) The Secretary cannot give a notice under subsection (4) on or after
16
the closure day.
17
Ceasing to be a program participant
18
(8) A person may make a request to the Secretary to cease to be a
19
program participant under this section. The request cannot be
20
withdrawn or revoked.
21
(9) If the person does so, the Secretary must give the person a notice
22
stating that the person ceases to be a program participant under this
23
section. The notice comes into force on a day specified in the
24
notice (which must be no later than 7 days after the day on which
25
the request was made).
26
(10) A notice under subsection (9) has effect accordingly.
27
(11) A notice under subsection (9) is not a legislative instrument.
28
36 At the end of section 124PGC
29
Add:
30
Amendments
Schedule 1
Stage 1 amendments
Part 1
No. , 2022
Social Security (Administration) Amendment (Repeal of Cashless Debit
Card and Other Measures) Bill 2022
11
(7) The Secretary cannot give a notice under subsection (4) on or after
1
the closure day.
2
Ceasing to be a program participant
3
(8) A person may make a request to the Secretary to cease to be a
4
program participant under this section. The request cannot be
5
withdrawn or revoked.
6
(9) If the person does so, the Secretary must give the person a notice
7
stating that the person ceases to be a program participant under this
8
section. The notice comes into force on a day specified in the
9
notice (which must be no later than 7 days after the day on which
10
the request was made).
11
(10) A notice under subsection (9) has effect accordingly.
12
(11) A notice under subsection (9) is not a legislative instrument.
13
37 After paragraph 124PGD(1)(c)
14
Insert:
15
(ca) that notice was given before the closure day; and
16
38 At the end of section 124PGD
17
Add:
18
Ceasing to be a program participant
19
(3) A person may make a request to the Secretary to cease to be a
20
program participant under this section. The request cannot be
21
withdrawn or revoked.
22
(4) If the person does so, the Secretary must give the person a notice
23
stating that the person ceases to be a program participant under this
24
section. The notice comes into force on a day specified in the
25
notice (which must be no later than 7 days after the day on which
26
the request was made).
27
(5) A notice under subsection (4) has effect accordingly.
28
(6) A notice under subsection (4) is not a legislative instrument.
29
Schedule 1
Amendments
Part 1
Stage 1 amendments
12
Social Security (Administration) Amendment (Repeal of Cashless Debit
Card and Other Measures) Bill 2022
No. , 2022
Relationship with Part 3B
1
(7) If:
2
(a) on or after the closure day a person becomes subject to the
3
income management regime under section 123UF at a
4
particular time; and
5
(b) the person is a program participant under this section
6
immediately before that time;
7
then the person is not a program participant under this section at
8
and after that time.
9
39 After subsection 124PGE(7)
10
Insert:
11
(7A) The Secretary cannot give a notice under subsection (5) on or after
12
the closure day.
13
40 At the end of section 124PGE
14
Add:
15
Ceasing to be a program participant
16
(9) A person may make a request to the Secretary to cease to be a
17
program participant under this section. The request cannot be
18
withdrawn or revoked.
19
(10) If the person does so, the Secretary must give the person a notice
20
stating that the person ceases to be a program participant under this
21
section. The notice comes into force on a day specified in the
22
notice (which must be no later than 7 days after the day on which
23
the request was made).
24
(11) A notice under subsection (10) has effect accordingly.
25
(12) A notice under subsection (10) is not a legislative instrument.
26
41 After subsection 124PH(1)
27
Insert:
28
(1A) A person cannot give a notification under subsection (1) on or after
29
the closure day.
30
Amendments
Schedule 1
Stage 1 amendments
Part 1
No. , 2022
Social Security (Administration) Amendment (Repeal of Cashless Debit
Card and Other Measures) Bill 2022
13
42 At the end of section 124PHA
1
Add:
2
(6) Despite subsections (3) and (3A), the Secretary cannot, on or after
3
the closure day, revoke a determination made under subsection (1)
4
before, on or after that day.
5
43 At the end of section 124PHB
6
Add:
7
No revocations on or after the closure day
8
(11) Despite subsections (8) to (9A), the Secretary cannot, on or after
9
the closure day, revoke a determination made under subsection (3)
10
before, on or after that day.
11
44 Paragraph 127(4)(aa)
12
Repeal the paragraph.
13
45 After paragraph 127(4)(ac)
14
Insert:
15
(ad) a decision to give a notice under subsection 124PG(9),
16
124PGA(9), 124PGB(9), 124PGC(9), 124PGD(4)
17
or 124PGE(10); or
18
46 Paragraph 144(l)
19
Repeal the paragraph.
20
47 After paragraph 144(lb)
21
Insert:
22
(lc) a decision to give a notice under subsection 124PG(9),
23
124PGA(9), 124PGB(9), 124PGC(9), 124PGD(4)
24
or 124PGE(10);
25
48 Saving provisions
26
(1)
Subsections 123UP(2) and (3) and paragraph 123ZN(1)(aa) of the
27
Social Security (Administration) Act 1999
, as in force immediately
28
before the commencement of this item, continue to apply on and after
29
Schedule 1
Amendments
Part 1
Stage 1 amendments
14
Social Security (Administration) Amendment (Repeal of Cashless Debit
Card and Other Measures) Bill 2022
No. , 2022
that commencement in relation to a person who became a program
1
participant under section 124PGE of that Act before that
2
commencement.
3
(2)
Paragraphs 127(4)(aa) and 144(l) of the
Social Security
4
(Administration) Act 1999
, as in force immediately before the
5
commencement of this item, continue to apply on and after that
6
commencement in relation to a decision referred to in those paragraphs
7
that was made before that commencement.
8
Amendments
Schedule 1
Stage 2 amendments
Part 2
No. , 2022
Social Security (Administration) Amendment (Repeal of Cashless Debit
Card and Other Measures) Bill 2022
15
Part 2--Stage 2 amendments
1
A New Tax System (Family Assistance) (Administration) Act
2
1999
3
49 Paragraph 66(2)(g)
4
Omit "Parts 3B and 3D", substitute "Part 3B".
5
National Emergency Declaration Act 2020
6
50 Section 10 (paragraph (zc) of the definition of national
7
emergency law)
8
Repeal the paragraph.
9
Social Security Act 1991
10
51 Subsection 1061EK(1)
11
Omit "Parts 3B and 3D", substitute "Part 3B".
12
52 Paragraph 1222(1)(ba)
13
Omit "Parts 3B and 3D", substitute "Part 3B".
14
53 Subsection 1222(2) (table item 20, column 2)
15
Omit "Parts 3B and 3D", substitute "Part 3B".
16
54 Paragraph 1230(1)(a)
17
Omit "or 3D".
18
55 Subsections 1230C(1) and (2)
19
Omit "or 3D".
20
56 Paragraph 1234A(1)(a)
21
Omit "or 3D".
22
Schedule 1
Amendments
Part 2
Stage 2 amendments
16
Social Security (Administration) Amendment (Repeal of Cashless Debit
Card and Other Measures) Bill 2022
No. , 2022
57 Subsection 1237AB(1)
1
Omit "or 3D".
2
58 Saving provision
3
Chapter 5 of the
Social Security Act 1991
, as in force immediately
4
before the commencement of this item, continues to apply on and after
5
that commencement in relation to a debt owed to the Commonwealth
6
under Part 3D of the
Social Security (Administration) Act 1999
before
7
that commencement.
8
Social Security (Administration) Act 1999
9
59 Paragraph 60(2)(aa)
10
Omit "Parts 3B and 3D", substitute "Part 3B".
11
60 Section 70B
12
Repeal the section.
13
61 Section 123TC (paragraph (b) of the definition of excluded
14
Part 3B payment nominee)
15
Repeal the paragraph, substitute:
16
(b) a Part 3B payment nominee who is not subject to the income
17
management regime.
18
62 Paragraph 123UC(1)(h)
19
Repeal the paragraph.
20
63 Paragraphs 123UCA(1)(f), 123UCB(1)(h), 123UCC(1)(h),
21
123UD(1)(ha), 123UE(1)(ka) and 123UFAA(1)(h)
22
Omit "and on or after that day the person has ceased to be a program
23
participant under that section".
24
64 Part 3D
25
Repeal the Part.
26
65 Paragraphs 127(4)(ab), (ac) and (ad)
27
Repeal the paragraphs.
28
Amendments
Schedule 1
Stage 2 amendments
Part 2
No. , 2022
Social Security (Administration) Amendment (Repeal of Cashless Debit
Card and Other Measures) Bill 2022
17
66 Paragraphs 144(la), (lb) and (lc)
1
Repeal the paragraphs.
2
67 Paragraph 192(db)
3
Omit "or 3D".
4
68 Paragraph 195(1)(cc)
5
Repeal the paragraph.
6
69 Subsection 202(9)
7
After "section 124PD", insert "as in force immediately before the day
8
on which Part 2 of Schedule 1 to the
Social Security (Administration)
9
Amendment (Repeal of Cashless Debit Card and Other Measures) Act
10
2022
commences".
11
70 Saving provisions
12
(1)
Paragraphs 127(4)(ab), (ac) and (ad) and 144(la), (lb) and (lc) of the
13
Social Security (Administration) Act 1999
, as in force immediately
14
before the commencement of this item, continue to apply on and after
15
that commencement in relation to a decision referred to in those
16
paragraphs that was made before that commencement.
17
(2)
A legislative instrument in force under subsections 124PP(1) and
18
124PQ(2) of the
Social Security (Administration) Act 1999
immediately
19
before the commencement of this item continues in force on and after
20
that commencement to the extent that the instrument deals with the
21
closure of welfare restricted bank accounts and the transfer of remaining
22
funds in those accounts.
23
71 Transitional rules
24
(1)
The Minister may, by legislative instrument, make rules prescribing
25
matters of a transitional nature (including prescribing any saving or
26
application provisions) relating to the amendments or repeals made by
27
this Part.
28
(2)
To avoid doubt, the rules may not do the following:
29
(a) create an offence or civil penalty;
30
(b) provide powers of:
31
Schedule 1
Amendments
Part 2
Stage 2 amendments
18
Social Security (Administration) Amendment (Repeal of Cashless Debit
Card and Other Measures) Bill 2022
No. , 2022
(i) arrest or detention; or
1
(ii) entry, search or seizure;
2
(c) impose a tax;
3
(d) set an amount to be appropriated from the Consolidated
4
Revenue Fund under an appropriation in this Act;
5
(e) directly amend the text of this Act.
6