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.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security and Other Legislation
Amendment (Miscellaneous Measures)
Bill 2023
No. , 2023
(Employment and Workplace Relations)
A Bill for an Act to amend the law relating to social
security, and for related purposes
No. , 2023
Social Security and Other Legislation Amendment (Miscellaneous
Measures) Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1
--
Amendments
3
Administrative Decisions (Judicial Review) Act 1977
3
Social Security Act 1991
3
Veterans' Entitlements Act 1986
6
No. , 2023
Social Security and Other Legislation Amendment (Miscellaneous
Measures) Bill 2023
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 and Other Legislation Amendment
5
(Miscellaneous Measures) Act 2023
.
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 and Other Legislation Amendment (Miscellaneous
Measures) Bill 2023
No. , 2023
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,
items 1 to 3
The day after this Act receives the Royal
Assent.
3. Schedule 1,
item 4
The seventh day after this Act receives the
Royal Assent.
4. Schedule 1,
items 5 to 10
The day after this Act receives the Royal
Assent.
5. Schedule 1,
item 11
The day this Act receives the Royal Assent.
6. Schedule 1,
item 12
The day after this Act receives the Royal
Assent.
7. Schedule 1,
item 13
The seventh day after this Act receives the
Royal Assent.
8. Schedule 1,
item 14
The day after this Act receives the Royal
Assent.
9. Schedule 1,
item 15
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 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
No. , 2023
Social Security and Other Legislation Amendment (Miscellaneous
Measures) Bill 2023
3
Schedule
1--Amendments
1
2
Administrative Decisions (Judicial Review) Act 1977
3
1 After paragraph (e) of Schedule 1
4
Insert:
5
(f) decisions under Chapter 2D of the
Social Security Act 1991
;
6
Social Security Act 1991
7
2 After subsection 8(8)
8
Insert:
9
(8AAAA) Paragraph (8)(a) does not apply to a payment under an arrangement
10
or grant referred to in section 1062A. This subsection does not
11
prevent another paragraph of subsection (8) from applying to such
12
a payment.
13
3 Subsection 23(1) (at the end of the definition of
protected
14
information
)
15
Add "However, information about a person that was obtained by an
16
officer under Chapter 2
D of this Act is not protected information.".
17
4 After subsection 1062A(1)
18
Insert:
19
(1A) However, the making, varying or administering of an arrangement
20
or grant under subsection (1) must be for the purposes of a program
21
that is specified in an instrument under subsection (1B).
22
(1B) The Employment Secretary may, by notifiable instrument, specify
23
programs for the purposes of subsection (1A).
24
5 After subsection 1062A(5)
25
Insert:
26
Schedule 1
Amendments
4
Social Security and Other Legislation Amendment (Miscellaneous
Measures) Bill 2023
No. , 2023
Payment not a social security payment
1
(5A) A payment under an arrangement or grant referred to in
2
subsection (1) is not a social security payment.
3
Relationship with Financial Framework (Supplementary Powers)
4
Act 1997
5
(5B) To avoid doubt, the power of the Commonwealth to make, vary or
6
administer an arrangement or grant under this section must be
7
disregarded for the purpose of paragraph 32B(1)(a) of the
8
Financial Framework (Supplementary Powers) Act 1997
.
9
Note:
The effect of this subsection is to make clear that this section does not
10
effectively limit the operation of section 32B of the
Financial
11
Framework (Supplementary Powers) Act 1997
. The Commonwealth
12
has the power to make, vary or administer an arrangement or grant
13
under that section whether the Commonwealth also has the power to
14
do so under this section.
15
6 Section 1062B
16
Before "An arrangement", insert "(1)".
17
7 After paragraph 1062B(h)
18
Insert:
19
(ha)
implementing any of Australia's international obligations
20
under the United Nations Framework Convention on Climate
21
Change done at New York on 9 May 1992 ([1994] ATS 2),
22
as amended and in force for Australia from time to time;
23
(hb) imple
menting any of Australia's international obligations
24
under the Kyoto Protocol to the United Nations Framework
25
Convention on Climate Change done at Kyoto on
26
11 December 1997 ([2008] ATS 2), as amended and in force
27
for Australia from time to time;
28
(hc) impl
ementing any of Australia's international obligations
29
under the Paris Agreement done at Paris on 12 December
30
2015 ([2016] ATS 24), as amended and in force for Australia
31
from time to time;
32
8 Paragraph 1062B(k)
33
Repeal the paragraph, substitute:
34
Amendments
Schedule 1
No. , 2023
Social Security and Other Legislation Amendment (Miscellaneous
Measures) Bill 2023
5
(k) Indigenous persons;
1
9 Section 1062B (note)
2
Omit "The text of a Convention
or
Covenant could in 2022", substitute
3
"The text of a Convention, Covenant, Protocol or Agreement could in
4
2023".
5
10 At the end of section 1062B (after the note)
6
Add:
7
Definitions
8
(2) In this section:
9
Indigenous person
has the same meaning as in the
Indigenous
10
Education (Targeted Assistance) Act 2000
.
11
11 Section 1062D
12
Repeal the section, substitute:
13
1062D Inclusion of information in annual report
14
The Employment Secretary, when preparing the Employment
15
Department's annual report under section
46 of the
Public
16
Governance, Performance and Accountability Act 2013
for a
17
period, must include in that report:
18
(a) the name of each program for which an arrangement or grant
19
referred to in section 1062A was made, varied or
20
administered in that period; and
21
(b) in relation to each such program
--
the total of the amounts
22
paid in that period under arrangements or grants referred to in
23
section 1062A.
24
1062DA Application of Administration Act
25
The Administration Act, other than sections 3, 234 and 242 of that
26
Act, does not apply in relation to this Chapter.
27
Schedule 1
Amendments
6
Social Security and Other Legislation Amendment (Miscellaneous
Measures) Bill 2023
No. , 2023
Veterans' Entitlements Act 1986
1
12 After subsection 5H(8)
2
Insert:
3
(8AA) Paragraph (8)(h) does not apply to a payment under an
4
arrangement or grant referred to in section 1062A of the Social
5
Security Act. This subsection does not prevent another paragraph
6
of subsection (8) from applying to such a payment.
7
13 Application provisions
--
amendments commencing
8
seventh day after Royal Assent
9
(1)
Subsection 1062A(1A) of the
Social Security Act 1991
, as inserted by
10
this Schedule, applies in relation to the following:
11
(a) an arrangement made, or a grant of financial assistance made,
12
on or after the commencement of this item or the variation or
13
administration of such an arrangement or grant;
14
(b) the variation or administration, on or after the
15
commencement of this item, of an arrangement made, or a
16
grant of financial assistance made, before that
17
commencement.
18
(2)
Subsection 1062A(1B) of the
Social Security Act 1991
, as inserted by
19
this Schedule, applies in relation to a program established before, on or
20
after the commencement of this item.
21
14 Application provisions
--
amendments commencing day
22
after Royal Assent
23
(1)
The amendment of subsection 23(1) of the
Social Security Act 1991
24
made by this Schedule applies in relation to information obtained
25
before, on or after the commencement of this item.
26
(2)
The amendments of section 1062B of the
Social Security Act 1991
27
made by this Schedule apply in relation to the following:
28
(a) an arrangement made, or a grant of financial assistance made,
29
on or after the commencement of this item or the variation or
30
administration of such an arrangement or grant;
31
(b) the variation or administration, on or after the
32
commencement of this item, of an arrangement made, or a
33
Amendments
Schedule 1
No. , 2023
Social Security and Other Legislation Amendment (Miscellaneous
Measures) Bill 2023
7
grant of financial assistance made, before that
1
commencement.
2
15 Application and transitional provisions
--
amendments
3
commencing on Royal Assent
4
(1)
The repeal and substitution of section 1062D of the
Social Security Act
5
1991
made by this Schedule applies in relation to:
6
(a) if this item commences before 20 September 2023
--
the
7
period ending on 30 June 2023 and each later period; or
8
(b) if this item commences on or after 20 September 2023
--
a
9
period ending on or after that commencement.
10
(2)
The Employment Secretary, when preparing the Employment
11
Department's annual report under section
46 of the
Public Governance,
12
Performance and Accountability Act 2013
for the first period in relation
13
to which section 1062D of the
Social Security Act 1991
, as substituted
14
by this Schedule, applies, must also include in that report:
15
(a) the following:
16
(i) the name of each program for which an arrangement or
17
grant referred to in section 1062A of the
Social Security
18
Act 1991
was made, varied or administered in the
19
financial year ending on 30 June 2022;
20
(ii) in relation to each such program
--
the total of the
21
amounts paid in that financial year under arrangements
22
or grants referred to in that section; and
23
(b) if this item commences on or after 20 September 2023
--
the
24
following:
25
(i) the name of each program for which an arrangement or
26
grant referred to in section 1062A of the
Social Security
27
Act 1991
was made, varied or administered in the
28
financial year ending on 30 June 2023;
29
(ii) in relation to each such program
--
the total of the
30
amounts paid in that financial year under arrangements
31
or grants referred to in that section.
32
(3)
By complying with subitem (2) in relation to a financial year covered
33
by paragraph (2)(a) or (b), the Employment Secretary is taken, in
34
relation to that financial year, to have complied with section 1062D of
35
Schedule 1
Amendments
8
Social Security and Other Legislation Amendment (Miscellaneous
Measures) Bill 2023
No. , 2023
the
Social Security Act 1991
, as in force immediately before the
1
commencement of this item.
2