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This is a Bill, not an Act. For current law, see the Acts databases.
SOCIAL SECURITY AND OTHER LEGISLATION AMENDMENT (MISCELLANEOUS MEASURES) BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Social Security and Other Legislation
Amendment (Miscellaneous Measures)
Bill 2011
No. , 2011
(Tertiary Education, Skills, Jobs and Workplace Relations)
A Bill for an Act to amend the law relating to social
security and family assistance, and for other
purposes
i Social Security and Other Legislation Amendment (Miscellaneous Measures) Bill 2011
No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Notification of change of circumstances etc.
3
Social Security (Administration) Act 1999
3
Schedule 2--Technical amendments
6
Family Assistance and Other Legislation Amendment (Child Care and
Other Measures) Act 2011
6
Family Assistance Legislation Amendment (Child Care Rebate) Act
2011
6
Schedule 3--Decisions made by computer programs
8
Social Security and Other Legislation Amendment (Miscellaneous Measures) Bill 2011 No.
, 2011 1
A Bill for an Act to amend the law relating to social
1
security and family assistance, and for other
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Social Security and Other Legislation
6
Amendment (Miscellaneous Measures) Act 2011.
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
13
2 Social Security and Other Legislation Amendment (Miscellaneous Measures) Bill 2011
No. , 2011
Commencement information
Column 1
Column 2
Column 3
Provision(s)
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
20 March 2000.
20 March 2000
3. Schedule 2,
item 1
Immediately after the commencement of
item 8 of Schedule 1 to the Family
Assistance and Other Legislation
Amendment (Child Care and Other
Measures) Act 2011.
4. Schedule 2,
item 2
Immediately after the commencement of
section 2 of the Family Assistance
Legislation Amendment (Child Care Rebate)
Act 2011.
21 April 2011
5. Schedule 3
The day this Act receives the Royal Assent.
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 Schedule(s)
7
Each Act 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
Notification of change of circumstances etc. Schedule 1
Social Security and Other Legislation Amendment (Miscellaneous Measures) Bill 2011 No.
, 2011 3
Schedule 1--Notification of change of
1
circumstances etc.
2
3
Social Security (Administration) Act 1999
4
1 Before section 67
5
Insert:
6
66A General requirement to inform of a change of circumstances
7
etc.
8
Person who has made a claim
9
(1)
If:
10
(a) a person has made a claim for:
11
(i) a social security payment; or
12
(ii) a concession card; and
13
(b) the claim has been granted or has not been determined; and
14
(c) an event or change of circumstances occurs that might affect
15
the payment of that social security payment or the person's
16
qualification for the concession card;
17
the person must, within 14 days after the day on which the event or
18
change occurs, inform the Department of the occurrence of the
19
event or change.
20
Person receiving a social security payment or holding a
21
concession card
22
(2)
If:
23
(a)
either:
24
(i) a social security payment (other than utilities allowance
25
or seniors supplement) is being paid to a person; or
26
(ii) a person holds a concession card; and
27
(b) an event or change of circumstances occurs that might affect
28
the payment of that social security payment or the person's
29
qualification for the concession card;
30
Schedule 1 Notification of change of circumstances etc.
4 Social Security and Other Legislation Amendment (Miscellaneous Measures) Bill 2011
No. , 2011
the person must, within 14 days after the day on which the event or
1
change occurs, inform the Department of the occurrence of the
2
event or change.
3
Person who has received a social security payment or held a
4
concession card
5
(3)
If:
6
(a)
either:
7
(i) a person is not receiving a social security payment but a
8
social security payment (other than utilities allowance
9
or seniors supplement) has at any time been paid to the
10
person; or
11
(ii) a person does not hold a concession card but has at any
12
time held such a card; and
13
(b) an event or change of circumstances occurs that might have
14
affected the payment of that social security payment or the
15
person's qualification for the concession card;
16
the person must, within 14 days after the day on which the event or
17
change occurs, inform the Department of the occurrence of the
18
event or change.
19
Interaction with notices under this Subdivision
20
(4)
If:
21
(a) a person is subject to a requirement under subsection (1), (2)
22
or (3) in relation to an event or change of circumstances; and
23
(b) the person is given, or purportedly given, a notice under this
24
Subdivision in relation to the same event or change of
25
circumstances; and
26
(c) the person complies with the notice to the extent that it
27
relates to that event or change;
28
the person is taken to have also complied with that requirement
29
within the period referred to in that subsection.
30
(5) Subsection (4) does not apply if the notice is given after the end of
31
the period referred to in subsection (1), (2) or (3).
32
(6) This section does not limit the power of the Secretary to give a
33
person a notice under this Subdivision.
34
Notification of change of circumstances etc. Schedule 1
Social Security and Other Legislation Amendment (Miscellaneous Measures) Bill 2011 No.
, 2011 5
2 Section 73
1
Omit "67", substitute "66A".
2
Note:
The heading to section 73 is altered by omitting "notice".
3
3 Application provision
4
Section 66A of the Social Security (Administration) Act 1999, as
5
inserted by this Schedule, applies in relation to an event or change of
6
circumstances that occurs on or after 20 March 2000.
7
8
Schedule 2 Technical amendments
6 Social Security and Other Legislation Amendment (Miscellaneous Measures) Bill 2011
No. , 2011
Schedule 2--Technical amendments
1
2
Family Assistance and Other Legislation Amendment (Child
3
Care and Other Measures) Act 2011
4
1 Item 8 of Schedule 1 (heading)
5
Omit "and", substitute "to".
6
Family Assistance Legislation Amendment (Child Care
7
Rebate) Act 2011
8
2 Subsection 2(1) (table item 28)
9
Repeal the item, substitute:
10
28. Schedule 3,
item 1
The day after this Act receives the Royal
Assent.
However, if Part 1 of Schedule 1 to the
Family Assistance and Other Legislation
Amendment (Child Care and Other
Measures) Act 2011 commences after that
day, the provision(s) do not commence at
all.
29. Schedule 3,
item 2
The day after this Act receives the Royal
Assent.
However, if Schedule 5 to the Family
Assistance and Other Legislation
Amendment (Child Care and Other
Measures) Act 2011 commences after that
day, the provision(s) do not commence at
all.
30. Schedule 3,
item 3
The day after this Act receives the Royal
Assent.
However, if Part 1 of Schedule 1 to the
Family Assistance and Other Legislation
Amendment (Child Care and Other
Measures) Act 2011 commences after that
day, the provision(s) do not commence at
all.
31. Schedule 3,
The day after this Act receives the Royal
Technical amendments Schedule 2
Social Security and Other Legislation Amendment (Miscellaneous Measures) Bill 2011 No.
, 2011 7
items 4 and 5
Assent.
However, if Schedule 5 to the Family
Assistance and Other Legislation
Amendment (Child Care and Other
Measures) Act 2011 commences after that
day, the provision(s) do not commence at
all.
32. Schedule 3,
items 6 to 10
The day after this Act receives the Royal
Assent.
However, if Part 1 of Schedule 1 to the
Family Assistance and Other Legislation
Amendment (Child Care and Other
Measures) Act 2011 commences after that
day, the provision(s) do not commence at
all.
1
Schedule 3 Decisions made by computer programs
8 Social Security and Other Legislation Amendment (Miscellaneous Measures) Bill 2011
No. , 2011
Schedule 3--Decisions made by computer
1
programs
2
3
1 Decisions made by computer programs
4
(1)
This item applies to a decision made under the social security law if:
5
(a) the decision was made on or after 12 June 2001 but before
6
the commencement of this item; and
7
(b) the decision was made by the operation of a computer
8
program.
9
(2)
The Secretary is taken to have arranged for the use of the computer
10
program under subsection 6A(1) of the Administration Act for any
11
purpose in relation to the decision.
12
(3)
The use of the computer program is taken to have been under the
13
Secretary's control for the purposes of subsection 6A(1) of the
14
Administration Act.
15
(4)
In this item:
16
Administration Act means the Social Security (Administration) Act
17
1999.
18
Secretary means the Secretary who is taken to have made the decision
19
under subsection 6A(2) of the Administration Act.
20
social security law has the same meaning as in the Administration Act.
21