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This is a Bill, not an Act. For current law, see the Acts databases.


SOCIAL SECURITY AND OTHER LEGISLATION AMENDMENT (WELFARE REFORM AND REINSTATEMENT OF RACIAL DISCRIMINATION ACT) BILL 2009

2008-2009
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security and Other Legislation
Amendment (Welfare Reform and
Reinstatement of Racial Discrimination
Act) Bill 2009
No. , 2009
(Families, Housing, Community Services and Indigenous Affairs)
A Bill for an Act to amend legislation relating to the
Northern Territory National Emergency Response
and to provide for matters relating to income
management, and for related purposes
i Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of
Racial Discrimination Act) Bill 2009 No. , 2009
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
3
4 Transitional
regulations
.....................................................................
3
Schedule 1--Repeal of laws limiting anti-discrimination laws
4
Families, Community Services and Indigenous Affairs and Other
Legislation Amendment (Northern Territory National Emergency
Response and Other Measures) Act 2007
4
Northern Territory National Emergency Response Act 2007
4
Social Security and Other Legislation Amendment (Welfare Payment
Reform) Act 2007
4
Schedule 2--Income management regime
5
Part 1--Relevant Northern Territory area
5
Division 1--Amendments
5
Social Security (Administration) Act 1999
5
Division 2--Saving and transitional provisions
7
Part 2--New income management measures
10
Social Security (Administration) Act 1999
10
Part 3--Voluntary income management agreements
26
Social Security (Administration) Act 1999
26
Part 4--New social security payments
28
Income Tax Assessment Act 1997
28
Social Security Act 1991
29
Social Security (Administration) Act 1999
31
Schedule 3--Alcohol
34
Northern Territory National Emergency Response Act 2007
34
Schedule 4--Prohibited material
41
Classification (Publications, Films and Computer Games) Act 1995
41
Schedule 5--Acquisition of rights, titles and interests in land
46
Northern Territory National Emergency Response Act 2007
46
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 ii
Schedule 6--Licensing of community stores
50
Part 1--Amendment of Acts
50
Northern Territory National Emergency Response Act 2007
50
Social Security (Administration) Act 1999
69
Part 2--Transitional provisions
71
Schedule 7--Powers of Australian Crime Commission
73
Australian Crime Commission Act 2002
73
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 1
A Bill for an Act to amend legislation relating to the
1
Northern Territory National Emergency Response
2
and to provide for matters relating to income
3
management, and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Social Security and Other Legislation
7
Amendment (Welfare Reform and Reinstatement of Racial
8
Discrimination Act) Act 2009.
9
2 Commencement
10
(1) Each provision of this Act specified in column 1 of the table
11
commences, or is taken to have commenced, in accordance with
12
2 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of
Racial Discrimination Act) Bill 2009 No. , 2009
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provision(s) Commencement
Date/Details
1. Sections 1 to 4
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The end of 31 December 2010.
31 December
2010
3. Schedule 2
1 July 2010.
1 July 2010
4. Schedule 3
1 July 2010.
1 July 2010
5. Schedule 4
1 July 2010.
1 July 2010
6. Schedule 5,
items 1 and 2
1 July 2010.
1 July 2010
7. Schedule 5,
items 3 and 4
A single day to be fixed by Proclamation.
However, if any of the provision(s) 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.
8. Schedule 5,
items 5 to 7
1 July 2010.
1 July 2010
9. Schedule 6,
items 1 to 49
1 July 2010.
1 July 2010
10. Schedule 6,
item 50
The later of:
(a) 1 July 2010; and
(b) the 28th day after this Act receives the
Royal Assent.
11. Schedule 6,
items 51 to 67
1 July 2010.
1 July 2010
12. Schedule 7
1 July 2010.
1 July 2010
Note:
This table relates only to the provisions of this Act as originally
4
passed by both Houses of the Parliament and assented to. It will not be
5
expanded to deal with provisions inserted in this Act after assent.
6
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 3
(2) Column 3 of the table contains additional information that is not
1
part of this Act. Information in this column may be added to or
2
edited in any published version of this Act.
3
3 Schedule(s)
4
Each Act that is specified in a Schedule to this Act is amended or
5
repealed as set out in the applicable items in the Schedule
6
concerned, and any other item in a Schedule to this Act has effect
7
according to its terms.
8
4 Transitional regulations
9
The Governor-General may make regulations prescribing matters
10
of a transitional nature (including prescribing any saving or
11
application provisions) relating to the amendments and repeals
12
made by this Act.
13
14
Schedule 1 Repeal of laws limiting anti-discrimination laws
4 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of
Racial Discrimination Act) Bill 2009 No. , 2009
Schedule 1--Repeal of laws limiting
1
anti-discrimination laws
2
3
Families, Community Services and Indigenous Affairs and
4
Other Legislation Amendment (Northern Territory
5
National Emergency Response and Other
6
Measures) Act 2007
7
1 Sections 4 and 5
8
Repeal the sections.
9
Northern Territory National Emergency Response Act 2007
10
2 Sections 132 and 133
11
Repeal the sections.
12
Social Security and Other Legislation Amendment (Welfare
13
Payment Reform) Act 2007
14
3 Sections 4, 5, 6 and 7
15
Repeal the sections.
16
4 Effect of repeal of sections of Acts by this Schedule
17
To avoid doubt:
18
(a) the repeal of sections of an Act by this Schedule does not
19
have retrospective effect; and
20
(b) section 8 of the Acts Interpretation Act 1901 applies to the
21
repeal (unaffected by any contrary intention).
22
23
Income management regime Schedule 2
Relevant Northern Territory area Part 1
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 5
Schedule 2--Income management regime
1
Part 1--Relevant Northern Territory area
2
Division 1--Amendments
3
Social Security (Administration) Act 1999
4
1 Section 123TC (definition of category A welfare payment)
5
Repeal the definition.
6
2 Section 123TC (definition of category B welfare payment)
7
Repeal the definition.
8
3 Section 123TC (definition of category C welfare payment)
9
Repeal the definition.
10
4 Section 123TC (definition of category D welfare payment)
11
Repeal the definition.
12
5 Section 123TC (definition of category F welfare payment)
13
Repeal the definition.
14
6 Section 123TC (definition of category G welfare payment)
15
Repeal the definition.
16
7 Section 123TC (definition of declared relevant Northern
17
Territory area)
18
Repeal the definition.
19
8 Section 123TC (definition of exempt Northern Territory
20
person)
21
Repeal the definition.
22
9 Section 123TC (definition of relevant Northern Territory
23
area)
24
Repeal the definition.
25
Schedule 2 Income management regime
Part 1 Relevant Northern Territory area
6 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of
Racial Discrimination Act) Bill 2009 No. , 2009
10 Section 123TC (definition of subject to the income
1
management regime)
2
Omit "123UB,".
3
11 Sections 123TD and 123TE
4
Repeal the sections.
5
12 Section 123UB
6
Repeal the section.
7
13 Subdivision B of Division 2 of Part 3B
8
Repeal the Subdivision.
9
14 Paragraph 123UM(5)(a)
10
Omit "123UB,".
11
15 Subparagraph 123UN(1)(a)(v)
12
Omit "123UB,".
13
16 Subparagraph 123UO(3)(b)(v)
14
Omit "123UB,".
15
17 Paragraph 123WJ(1)(c)
16
Omit "123UB,".
17
18 Paragraph 123WJ(1)(d)
18
Omit "123UB,".
19
19 Subdivision A of Division 5 of Part 3B
20
Repeal the Subdivision.
21
20 Subsection 123XPC(2)
22
Omit "123UB or".
23
21 Section 123ZA
24
Repeal the section.
25
Income management regime Schedule 2
Relevant Northern Territory area Part 1
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 7
Division 2--Saving and transitional provisions
1
22 Definitions
2
In this Division:
3
Administration Act means the Social Security (Administration) Act
4
1999.
5
commencement time means the time when this Part commences.
6
transition period means the period of 12 months beginning at the
7
commencement time.
8
23 Persons subject to the income management regime--
9
relevant Northern Territory area
10
(1)
This item applies in relation to a person if the person was subject to the
11
income management regime under section 123UB of the Administration
12
Act immediately before the commencement time.
13
(2)
Despite the amendments and repeals made by items 1 to 7, 9 to 12 and
14
17, 19 and 20 of this Part and subject to subitems (3), (4), (5) and (6):
15
(a) a determination that was in force under subsection 123TE(1)
16
of the Administration Act immediately before the
17
commencement time continues in force after that time in
18
relation to the person; and
19
(b) the person continues to be subject to the income management
20
regime under section 123UB of the Administration Act after
21
the commencement time; and
22
(c) Part 3B of the Administration Act applies in relation to the
23
person after the commencement time;
24
as if those amendments and repeals had not happened.
25
(3)
The Minister must not make a determination under subsection 123TE(1)
26
of the Administration Act (as it continues to apply because of
27
subitem (2)) unless the determination relates to a relevant Northern
28
Territory area to which a determination that was in force under that
29
subsection after the commencement time relates.
30
(4)
Section 123UB of the Administration Act (continuing section 123UB)
31
continues to apply in relation to the person as if paragraphs (1)(d), (f)
32
and (g), (2)(f), (h) and (i) and (3)(a) of that section were omitted.
33
Schedule 2 Income management regime
Part 1 Relevant Northern Territory area
8 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of
Racial Discrimination Act) Bill 2009 No. , 2009
(5)
The person ceases to be subject to the income management regime
1
under continuing section 123UB if:
2
(a) the person ceases to meet the criteria set out in
3
subsection (1), (2) or (3) of that section; or
4
(b) the Secretary determines, in writing, that the person should
5
not continue to be subject to the income management regime
6
under that section; or
7
(c) the person becomes subject to the income management
8
regime under section 123UC, 123UCA, 123UCB, 123UCC,
9
123UD, 123UE, 123UF or 123UFA of the Administration
10
Act, as in force after the commencement time.
11
(6)
If the person has not ceased to be subject to the income management
12
regime under continuing section 123UB before the end of the transition
13
period, the person ceases to be subject to the income management
14
regime under that section at the end of that period.
15
(7)
The Secretary must not determine, under paragraph (5)(b), that the
16
person should not continue to be subject to the income management
17
regime under continuing section 123UB unless the person's usual place
18
of residence is within a declared income management area (as defined
19
in Part 3B of the Administration Act as in force after the
20
commencement time).
21
(8)
Part 4 of the Administration Act (which deals with review of decisions)
22
applies in relation to a decision made under paragraph (5)(b) as if it
23
were a decision under the social security law.
24
(9)
Subsections 234(1), (2) and (7) of the Administration Act (which deal
25
with delegation) apply in relation to the power of the Secretary under
26
paragraph (5)(b) as if it were a power of the Secretary under the social
27
security law.
28
24 Application of other laws
29
(1)
This item applies in relation to a person who is subject to the income
30
management regime under section 123UB of the Administration Act
31
(continuing section 123UB) as that section applies in relation to the
32
person because of item 23 of this Part.
33
(2)
A reference in the Administration Act or any other law of the
34
Commonwealth to Part 3B of the Administration Act has effect in
35
relation to the person as if it were a reference to Part 3B of the
36
Income management regime Schedule 2
Relevant Northern Territory area Part 1
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 9
Administration Act as that Part applies in relation to the person because
1
of item 23 of this Part.
2
(3)
A reference in the Administration Act or any other law of the
3
Commonwealth to section 123UB of the Administration Act has effect
4
in relation to the person as if it were a reference to continuing
5
section 123UB of that Act.
6
7
Schedule 2 Income management regime
Part 2 New income management measures
10 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
Part 2--New income management measures
1
Social Security (Administration) Act 1999
2
25 Section 123TA (paragraphs (a) to (f) of the dot-point
3
beginning with "A person may become subject to the
4
income management regime")
5
Repeal the paragraphs, substitute:
6
(a)
a child protection officer of a State or Territory
7
requires the person to be subject to the income
8
management regime; or
9
(b)
the Secretary has determined that the person is a
10
vulnerable welfare payment recipient; or
11
(c)
the person meets the criteria relating to disengaged
12
youth; or
13
(d)
the person meets the criteria relating to long-term
14
welfare payment recipients; or
15
(e)
the person, or the person's partner, has a child who
16
does not meet school enrolment requirements; or
17
(f)
the person, or the person's partner, has a child who
18
has unsatisfactory school attendance; or
19
(g)
the Queensland Commission requires the person to
20
be subject to the income management regime; or
21
(h)
the person voluntarily agrees to be subject to the
22
income management regime.
23
26 Section 123TA (paragraphs (b) and (c) of the dot-point
24
beginning with "Amounts will be debited from the
25
person's income management account")
26
Repeal the paragraphs, substitute:
27
Income management regime Schedule 2
New income management measures Part 2
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 11
(b)
the person's children (if any); and
1
(c)
the person's partner (if any); and
2
27 Section 123TB
3
Repeal the section, substitute:
4
123TB Objects
5
The objects of this Part are as follows:
6
(a) to reduce immediate hardship and deprivation by ensuring
7
that the whole or part of certain welfare payments is directed
8
to meeting the priority needs of:
9
(i) the recipient of the welfare payment; and
10
(ii) the recipient's children (if any); and
11
(iii) the recipient's partner (if any); and
12
(iv) any other dependants of the recipient;
13
(b) to ensure that recipients of certain welfare payments are
14
given support in budgeting to meet priority needs;
15
(c) to reduce the amount of certain welfare payments available to
16
be spent on alcoholic beverages, gambling, tobacco products
17
and pornographic material;
18
(d) to reduce the likelihood that recipients of welfare payments
19
will be subject to harassment and abuse in relation to their
20
welfare payments;
21
(e) to encourage socially responsible behaviour, including in
22
relation to the care and education of children;
23
(f) to improve the level of protection afforded to welfare
24
recipients and their families.
25
28 Section 123TC
26
Insert:
27
category E welfare payment means:
28
(a)
youth
allowance;
or
29
(b) newstart allowance; or
30
(c) special benefit; or
31
(d) pension PP (single); or
32
Schedule 2 Income management regime
Part 2 New income management measures
12 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
(e) benefit PP (partnered).
1
29 Section 123TC
2
Insert:
3
declared income management area has the meaning given by
4
section 123TFA.
5
30 Section 123TC
6
Insert:
7
exempt welfare payment recipient has the meaning given by
8
section 123UGB, 123UGC or 123UGD.
9
31 Section 123TC
10
Insert:
11
full-time student has the meaning given by section 123UGF.
12
32 Section 123TC
13
Insert:
14
school age child has the meaning given by section 123UGG.
15
33 Section 123TC (definition of subject to the income
16
management regime)
17
After "123UC,", insert "123UCA, 123UCB, 123UCC,".
18
34 Section 123TC
19
Insert:
20
vulnerable welfare payment recipient has the meaning given by
21
section 123UGA.
22
35 After section 123TF
23
Insert:
24
123TFA Declared income management area
25
The Minister may, by legislative instrument, determine that:
26
(a) a specified State; or
27
Income management regime Schedule 2
New income management measures Part 2
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 13
(b) a specified Territory; or
1
(c) a specified area;
2
is a declared income management area for the purposes of this
3
Part.
4
36 After section 123UC
5
Insert:
6
123UCA Persons subject to the income management regime--
7
vulnerable welfare payment recipients
8
For the purposes of this Part, a person is subject to the income
9
management regime at a particular time (the test time) if:
10
(a) at the test time, the person is an eligible recipient of a
11
category H welfare payment; and
12
(b) at the test time, the person's usual place of residence is
13
within a declared income management area; and
14
(c) at the test time, the person is a vulnerable welfare payment
15
recipient; and
16
(d) if, at the test time, the person has a payment nominee--the
17
payment nominee is not an excluded payment nominee; and
18
(e) at the test time, the person is not subject to the income
19
management regime under section 123UC, 123UD, 123UE or
20
123UF.
21
123UCB Persons subject to the income management regime--
22
disengaged youth
23
(1) For the purposes of this Part, a person is subject to the income
24
management regime at a particular time (the test time) if:
25
(a) at the test time, the person is an eligible recipient of a
26
category E welfare payment; and
27
(b) at the test time, the person is at least 15 years of age and
28
under 25 years of age; and
29
(c) at the test time, the person's usual place of residence is
30
within a declared income management area; and
31
(d) at the test time, the person is not an exempt welfare payment
32
recipient; and
33
(e) if, at the test time, the person has a payment nominee--the
34
payment nominee is not an excluded payment nominee; and
35
Schedule 2 Income management regime
Part 2 New income management measures
14 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
(f) at the test time, the person is not subject to the income
1
management regime under section 123UC, 123UCA, 123UD,
2
123UE or 123UF; and
3
(g) the person was an eligible recipient of a category E welfare
4
payment for at least 13 weeks during the 26-week period
5
ending immediately before the test time.
6
(2) For the purposes of this Part, a person is subject to the income
7
management regime at a particular time (the test time) if:
8
(a) at the test time, the person is not subject to the income
9
management regime under any other provision of this
10
Subdivision; and
11
(b) at the test time, the person has a payment nominee; and
12
(c) at the test time, the payment nominee is subject to the income
13
management regime under subsection (1).
14
123UCC Persons subject to the income management regime--
15
long-term welfare payment recipients
16
(1) For the purposes of this Part, a person is subject to the income
17
management regime at a particular time (the test time) if:
18
(a) at the test time, the person is an eligible recipient of a
19
category E welfare payment; and
20
(b) at the test time, the person is at least 25 years of age but has
21
not reached pension age; and
22
(c) at the test time, the person's usual place of residence is
23
within a declared income management area; and
24
(d) at the test time, the person is not an exempt welfare payment
25
recipient; and
26
(e) if, at the test time, the person has a payment nominee--the
27
payment nominee is not an excluded payment nominee; and
28
(f) at the test time, the person is not subject to the income
29
management regime under section 123UC, 123UCA, 123UD,
30
123UE or 123UF; and
31
(g) the person was an eligible recipient of a category E welfare
32
payment for at least 52 weeks during the 104-week period
33
ending immediately before the test time.
34
(2) For the purposes of this Part, a person is subject to the income
35
management regime at a particular time (the test time) if:
36
Income management regime Schedule 2
New income management measures Part 2
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 15
(a) at the test time, the person is not subject to the income
1
management regime under any other provision of this
2
Subdivision; and
3
(b) at the test time, the person has a payment nominee; and
4
(c) at the test time, the payment nominee is subject to the income
5
management regime under subsection (1).
6
37 Before Subdivision C of Division 2 of Part 3B
7
Insert:
8
Subdivision BA--Additional provisions relating to vulnerable
9
welfare payment recipients
10
123UGA Vulnerable welfare payment recipients
11
Determination by Secretary
12
(1) The Secretary may, by writing, determine that a person is a
13
vulnerable welfare payment recipient for the purposes of this Part.
14
(2) In making a determination under subsection (1), the Secretary must
15
comply with any decision-making principles set out in a legislative
16
instrument made by the Minister for the purposes of this
17
subsection.
18
Duration of determination
19
(3) A determination made under subsection (1):
20
(a) comes into force:
21
(i) on the day on which it is made; or
22
(ii) if a later day is specified in the determination--on that
23
later day; and
24
(b) remains in force (unless earlier revoked):
25
(i) for 12 months; or
26
(ii) if a shorter period is specified in the determination--for
27
that shorter period.
28
New determinations
29
(4) If a determination made under subsection (1) is, or has been, in
30
force in relation to a person, subsection (3) does not prevent the
31
Schedule 2 Income management regime
Part 2 New income management measures
16 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
Secretary from making a new determination under subsection (1)
1
in relation to that person.
2
Variation and revocation
3
(5) The Secretary may, by writing, vary or revoke a determination
4
made under subsection (1):
5
(a) on his or her own initiative; or
6
(b) on request made under subsection (8).
7
(6) In deciding whether to vary or revoke a determination made under
8
subsection (1), the Secretary must comply with any
9
decision-making principles set out in an instrument made for the
10
purposes of subsection (2).
11
(7) Subsection (5) does not limit the application of subsection 33(3) of
12
the Acts Interpretation Act 1901 to other instruments under this
13
Act.
14
Request to reconsider circumstances
15
(8) Subject to subsection (9), if a determination made under
16
subsection (1) is in force in relation to a person, the person may
17
request the Secretary to:
18
(a) reconsider the person's circumstances; and
19
(b) vary, or revoke, the determination.
20
(9) A person must not make a request under subsection (8) in relation
21
to a determination if, at any time during the preceding period of 90
22
days, the person has made a request under that subsection in
23
relation to the same determination.
24
(10) If a person makes a request under subsection (8), the Secretary
25
must reconsider the person's circumstances unless the request was
26
made in contravention of subsection (9).
27
Determination not a legislative instrument
28
(11) A determination made under subsection (1) is not a legislative
29
instrument.
30
Income management regime Schedule 2
New income management measures Part 2
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 17
Subdivision BB--Additional provisions relating to disengaged
1
youth and long-term welfare payment recipients
2
123UGB Exempt welfare payment recipient--inclusion in specified
3
class
4
(1) The Secretary may, by writing, determine that a person is an
5
exempt welfare payment recipient if the Secretary is satisfied that
6
the person is included in a class of persons specified in an
7
instrument made by the Minister under subsection (2).
8
(2) The Minister may, by legislative instrument, specify a class of
9
persons to be exempt welfare payment recipients for the purposes
10
of this section.
11
(3) A determination made by the Secretary under subsection (1) is not
12
a legislative instrument.
13
123UGC Exempt welfare payment recipient--persons without
14
dependent children
15
(1) The Secretary may, by writing, determine that a person is an
16
exempt welfare payment recipient at a particular time (the test
17
time) if:
18
(a) the person has no dependent children at the test time; and
19
(b) the Secretary is satisfied that one of the following applies:
20
(i) the person is a full-time student or a new apprentice at
21
the test time;
22
(ii) during the 12-month period ending immediately before
23
the test time, the person worked for at least 15 hours per
24
week for at least 26 weeks on wages that were at or
25
above the relevant minimum wage;
26
(iii) at the test time, the person is undertaking an activity
27
specified in an instrument made by the Minister under
28
subsection (2).
29
Note:
A child can be a dependent child of only one person at a time: see
30
section 123UGE.
31
(2) The Minister may, by legislative instrument, specify activities for
32
the purpose of subparagraph (1)(b)(iii). The activities may be
33
specified by reference to a class of persons undertaking the
34
activities.
35
Schedule 2 Income management regime
Part 2 New income management measures
18 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
(3) A determination made by the Secretary under subsection (1) is not
1
a legislative instrument.
2
(4) In this section:
3
dependent child means a dependent child who is a school age child
4
or younger.
5
Note: For
dependent child, see section 5 of the 1991 Act.
6
123UGD Exempt welfare payment recipient--persons with
7
dependent children
8
(1) The Secretary may, by writing, determine that a person is an
9
exempt welfare payment recipient at a particular time (the test
10
time) if:
11
(a) the person has one or more dependent children at the test
12
time; and
13
(b) in relation to each dependent child who is a school age
14
child--the Secretary is satisfied that:
15
(i) at the test time, the child is enrolled at a school, and the
16
child has had no more than 5 unexplained absences in
17
each of the 2 school terms ending immediately before
18
that time; or
19
(ii) at the test time, the child is covered by a schooling
20
arrangement that is acceptable under a law of a State or
21
Territory as an alternative to a requirement under that
22
law to enrol at, or attend, a school (for example, the
23
child is home-schooled), and the child's schooling is
24
progressing satisfactorily; or
25
(iii) at the test time, the child is participating in an activity
26
specified in an instrument made by the Minister under
27
subsection (2); and
28
(c) in relation to each other dependent child--the Secretary is
29
satisfied that, at the test time, the person or the child is
30
participating in the required number and kind of activities
31
specified in an instrument made by the Minister under
32
subsection (3); and
33
(d) the Secretary is satisfied that there were no indications of
34
financial vulnerability in relation to the person during the
35
12-month period ending immediately before the test time.
36
Income management regime Schedule 2
New income management measures Part 2
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 19
Note 1:
A child can be a dependent child of only one person at a time: see
1
section 123UGE.
2
Note 2:
In deciding whether he or she is satisfied as mentioned in
3
paragraph (1)(d), the Secretary must comply with decision-making
4
principles: see subsection (5).
5
Alternative activities for school age children
6
(2) The Minister may, by legislative instrument, specify activities for
7
the purpose of subparagraph (1)(b)(iii).
8
Activities relating to dependent children (other than school age
9
children)
10
(3) The Minister must, by legislative instrument, specify the number
11
and kind of activities that a person, or the person's dependent child
12
(other than a school age child), may participate in for the purposes
13
of paragraph (1)(c).
14
(4) The activities that may be specified under subsection (3) may relate
15
to a child's intellectual, physical or social development.
16
Decision-making principles relating to financial vulnerability
17
(5) In deciding whether he or she is satisfied as mentioned in
18
paragraph (1)(d), the Secretary must comply with any
19
decision-making principles set out in a legislative instrument made
20
by the Minister for the purposes of this subsection.
21
Determination not a legislative instrument
22
(6) A determination made by the Secretary under subsection (1) is not
23
a legislative instrument.
24
Definition
25
(7) In this section:
26
dependent child has the same meaning as in section 123UGC.
27
123UGE Child can be dependent child of only one person at a time
28
(1) For the purposes of sections 123UGC and 123UGD, a child can be
29
a dependent child of only one person at a time.
30
Schedule 2 Income management regime
Part 2 New income management measures
20 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
(2) If the Secretary is satisfied that, but for subsection (1), a child
1
would be a dependent child of 2 or more persons, the Secretary
2
must determine in relation to which of those persons the child is a
3
dependent child.
4
123UGF Full-time student
5
A person is a full-time student for the purposes of this Part if the
6
person:
7
(a) is an eligible recipient of youth allowance; and
8
(b) is undertaking full-time study (as defined by section 541B of
9
the 1991 Act).
10
123UGG School age child
11
(1) For the purposes of this Part, a child is a school age child if the
12
child is required, under a law of a State or Territory:
13
(a) to be enrolled at a school; or
14
(b) to attend a school at times required under that law.
15
(2) For the purposes of this section:
16
attendance, at a school, includes attendance at a place, for the
17
purpose of schooling, that is acceptable under a law of a State or
18
Territory as an alternative to a requirement under that law to attend
19
a school.
20
enrolment, at a school, includes anything, for the purposes of
21
schooling, that is acceptable under a law of a State or Territory as
22
an alternative to a requirement under that law to enrol at a school.
23
38 Paragraph 123UM(5)(a)
24
After "123UC,", insert "123UCA, 123UCB, 123UCC,".
25
39 Subparagraph 123UN(1)(a)(v)
26
After "123UC,", insert "123UCA, 123UCB, 123UCC,".
27
40 Subparagraph 123UO(3)(b)(v)
28
After "123UC,", insert "123UCA, 123UCB, 123UCC,".
29
41 Paragraphs 123WJ(1)(c) and (d)
30
Income management regime Schedule 2
New income management measures Part 2
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 21
After "123UC,", insert "123UCA, 123UCB, 123UCC,".
1
42 After Subdivision B of Division 5 of Part 3B
2
Insert:
3
Subdivision BA--Vulnerable welfare payment recipients
4
123XJA Deductions from category I welfare payments--instalments
5
Scope
6
(1) This section applies if:
7
(a) a person is subject to the income management regime under
8
section 123UCA; and
9
(b) an instalment of category I welfare payment is payable to the
10
person.
11
Deductions from category I welfare payments--instalments
12
(2) The following provisions have effect:
13
(a) the Secretary must deduct from the instalment of the category
14
I welfare payment the deductible portion of the instalment;
15
(b) an amount equal to the deductible portion of the instalment is
16
credited to the Special Account;
17
(c) an amount equal to the deductible portion of the instalment is
18
credited to the person's income management account.
19
Deductible portion--instalments of baby bonus
20
(3) For the purposes of subsection (2), the deductible portion of an
21
instalment of baby bonus under the Family Assistance Act is:
22
(a)
100%;
or
23
(b) if a lower percentage is specified in a legislative instrument
24
made by the Minister for the purposes of this paragraph--the
25
lower percentage;
26
of the net amount of the instalment (rounded down to the nearest
27
cent).
28
Schedule 2 Income management regime
Part 2 New income management measures
22 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
Deductible portion--instalments of other category I welfare
1
payments
2
(4) For the purposes of subsection (2), the deductible portion of an
3
instalment of a category I welfare payment (other than baby bonus
4
under the Family Assistance Act) is:
5
(a)
50%;
or
6
(b) if another percentage (not exceeding 100%) is specified in a
7
legislative instrument made by the Minister for the purposes
8
of this paragraph--the other percentage;
9
of the net amount of the instalment (rounded down to the nearest
10
cent).
11
(5) An instrument under paragraph (4)(b) may specify different
12
percentages in relation to different category I welfare payments.
13
(6) An instrument under paragraph (4)(b) may specify a percentage
14
that is higher than 50% only if the Minister considers the higher
15
percentage is necessary to promote the objects of this Part.
16
123XJB Deductions from category I welfare payments--lump sums
17
Scope
18
(1) This section applies if:
19
(a) a person is subject to the income management regime under
20
section 123UCA; and
21
(b) a category I welfare payment is payable to the person
22
otherwise than by instalments.
23
Deductions from category I welfare payments--lump sums
24
(2) The following provisions have effect:
25
(a) the Secretary must deduct from the category I welfare
26
payment the deductible portion of the payment;
27
(b) an amount equal to the deductible portion of the payment is
28
credited to the Special Account;
29
(c) an amount equal to the deductible portion of the payment is
30
credited to the person's income management account.
31
Income management regime Schedule 2
New income management measures Part 2
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 23
Deductible portion
1
(3) For the purposes of subsection (2), the deductible portion of a
2
category I welfare payment is:
3
(a)
100%;
or
4
(b) if a lower percentage is specified in a legislative instrument
5
made by the Minister for the purposes of this paragraph--the
6
lower percentage;
7
of the net amount of the instalment (rounded down to the nearest
8
cent).
9
(4) An instrument under paragraph (3)(b) may specify different
10
percentages in relation to different category I welfare payments.
11
Subdivision BB--Disengaged youth and long-term welfare
12
payment recipients
13
123XJC Deductions from category I welfare payments--instalments
14
Scope
15
(1) This section applies if:
16
(a) a person is subject to the income management regime under
17
section 123UCB or 123UCC; and
18
(b) an instalment of category I welfare payment is payable to the
19
person.
20
Deductions from category I welfare payments--instalments
21
(2) The following provisions have effect:
22
(a) the Secretary must deduct from the instalment of the category
23
I welfare payment the deductible portion of the instalment;
24
(b) an amount equal to the deductible portion of the instalment is
25
credited to the Special Account;
26
(c) an amount equal to the deductible portion of the instalment is
27
credited to the person's income management account.
28
Deductible portion--instalments of baby bonus
29
(3) For the purposes of subsection (2), the deductible portion of an
30
instalment of baby bonus under the Family Assistance Act is:
31
(a)
100%;
or
32
Schedule 2 Income management regime
Part 2 New income management measures
24 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
(b) if a lower percentage is specified in a legislative instrument
1
made by the Minister for the purposes of this paragraph--the
2
lower percentage;
3
of the net amount of the instalment (rounded down to the nearest
4
cent).
5
Deductible portion--instalments of other category I welfare
6
payments
7
(4) For the purposes of subsection (2), the deductible portion of an
8
instalment of a category I welfare payment (other than baby bonus
9
under the Family Assistance Act) is:
10
(a)
50%;
or
11
(b) if another percentage (not exceeding 100%) is specified in a
12
legislative instrument made by the Minister for the purposes
13
of this paragraph--the other percentage;
14
of the net amount of the instalment (rounded down to the nearest
15
cent).
16
(5) An instrument under paragraph (4)(b) may specify different
17
percentages in relation to different category I welfare payments.
18
(6) An instrument under paragraph (4)(b) may specify a percentage
19
that is higher than 50% only if the Minister considers the higher
20
percentage is necessary to promote the objects of this Part.
21
123XJD Deductions from category I welfare payments--lump sums
22
Scope
23
(1) This section applies if:
24
(a) a person is subject to the income management regime under
25
section 123UCB or 123UCC; and
26
(b) a category I welfare payment is payable to the person
27
otherwise than by instalments.
28
Deductions from category I welfare payments--lump sums
29
(2) The following provisions have effect:
30
(a) the Secretary must deduct from the category I welfare
31
payment the deductible portion of the payment;
32
Income management regime Schedule 2
New income management measures Part 2
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 25
(b) an amount equal to the deductible portion of the payment is
1
credited to the Special Account;
2
(c) an amount equal to the deductible portion of the payment is
3
credited to the person's income management account.
4
Deductible portion
5
(3) For the purposes of subsection (2), the deductible portion of a
6
category I welfare payment is:
7
(a)
100%;
or
8
(b) if a lower percentage is specified in a legislative instrument
9
made by the Minister for the purposes of this paragraph--the
10
lower percentage;
11
of the net amount of the instalment (rounded down to the nearest
12
cent).
13
(4) An instrument under paragraph (3)(b) may specify different
14
percentages in relation to different category I welfare payments.
15
43 Paragraphs 123YA(2)(b) and (c)
16
Repeal the paragraphs, substitute:
17
(b) the first person's children (if any); or
18
(c) the first person's partner (if any); or
19
44 Subparagraphs 123YA(3)(a)(ii) and (iii)
20
Repeal the subparagraphs, substitute:
21
(ii) the first person's children (if any); and
22
(iii) the first person's partner (if any); and
23
45 Subparagraphs 123YQ(5)(a)(ii) and (iii)
24
Repeal the subparagraphs, substitute:
25
(ii) the first person's children (if any);
26
(iii) the first person's partner (if any);
27
28
Schedule 2 Income management regime
Part 3 Voluntary income management agreements
26 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
Part 3--Voluntary income management agreements
1
Social Security (Administration) Act 1999
2
46 Paragraph 123UM(5)(b)
3
Omit "2 or more", substitute "4".
4
47 Paragraph 123UN(1)(b)
5
Repeal the paragraph, substitute:
6
(b) remains in force until:
7
(i) it is terminated under section 123UO; or
8
(ii) if the agreement specifies a period (which must be at
9
least 13 weeks) during which it is to remain in force,
10
and the agreement has not been terminated under
11
section 123UO before the end of that period--the end of
12
that period.
13
48 Subsection 123UN(2)
14
Repeal the subsection.
15
49 After subsection 123UO(1)
16
Insert:
17
(1A) However, a person must not make a request under subsection (1)
18
unless the voluntary income management agreement to which the
19
request relates has been in force for at least 13 weeks.
20
50 At the end of subsection 123UO(2)
21
Add ", unless the request relates to a voluntary income management
22
agreement that, on the day the request is received, has not been in force
23
for at least 13 weeks".
24
51 Application of items 47 to 50
25
The amendments made by items 47 to 50 of this Part apply in relation to
26
a voluntary income management agreement that is entered into after the
27
commencement of this Part.
28
52 Subsection 123UO(4)
29
Omit "60 days", substitute "21 days".
30
Income management regime Schedule 2
Voluntary income management agreements Part 3
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 27
53 Application of item 52
1
The amendment made by item 52 of this Part applies in relation to a
2
person if a voluntary income management agreement relating to the
3
person is terminated under section 123UO of the Social Security
4
(Administration) Act 1999 after the commencement of this Part
5
(whether the agreement was entered into before or after that
6
commencement).
7
8
Schedule 2 Income management regime
Part 4 New social security payments
28 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
Part 4--New social security payments
1
Income Tax Assessment Act 1997
2
54 Section 11-15 (table item headed "social security or like
3
payments")
4
After:
5
lump sum payment under section 198N of the Veterans'
Entitlements Act 1986 ....................................................
52-65
insert:
6
matched savings scheme (income management)
payment under the Social Security Act 1991 .................
52-10
55 Section 11-15 (table item headed "social security or like
7
payments")
8
After:
9
veteran, payment to ............................................................. Subdivisions 52-B
and 52-C
insert:
10
voluntary income management incentive payment under
the Social Security Act 1991 ..........................................
52-10
56 After paragraph 52-10(1)(w)
11
Insert:
12
(wa) payments under the Social Security Act 1991 referred to in
13
subsection (1EA); or
14
57 After subsection 52-10(1E)
15
Insert:
16
(1EA) The following payments under the Social Security Act 1991 are
17
exempt from income tax:
18
(a) voluntary income management incentive payment (see
19
Part 2.25D of that Act);
20
(b) matched savings scheme (income management) payment (see
21
Part 2.25E of that Act).
22
Income management regime Schedule 2
New social security payments Part 4
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 29
Social Security Act 1991
1
58 Subsection 23(1)
2
Insert:
3
matched savings scheme (income management) payment means a
4
matched savings scheme (income management) payment under
5
Part 2.25E.
6
59 Subsection 23(1)
7
Insert:
8
voluntary income management agreement has the meaning given
9
by Part 3B of the Administration Act.
10
60 Subsection 23(1)
11
Insert:
12
voluntary income management incentive payment means a
13
voluntary income management incentive payment under
14
Part 2.25D.
15
61 After Part 2.25C
16
Insert:
17
Part 2.25D--Voluntary income management
18
incentive payment
19
20
1061W Qualification for a voluntary income management incentive
21
payment
22
(1) A person is qualified for a voluntary income management incentive
23
payment if the person has accrued a qualifying incentive payment
24
period.
25
(2) A person accrues a qualifying incentive payment period if a
26
voluntary income management agreement relating to the person
27
has been in force for a period of 26 consecutive weeks.
28
Schedule 2 Income management regime
Part 4 New social security payments
30 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
(3) A person may accrue more than one qualifying incentive payment
1
period. However, a week during which a voluntary income
2
management agreement relating to the person is in force cannot be
3
counted towards more than one qualifying incentive payment
4
period.
5
1061WA When a voluntary income management incentive payment
6
is payable
7
A voluntary income management incentive payment is payable to a
8
person in relation to each qualifying incentive payment period
9
accrued by the person.
10
1061WB Amount of a voluntary income management incentive
11
payment
12
The amount of a voluntary income management incentive payment
13
is $250.
14
Part 2.25E--Matched savings scheme (income
15
management) payment
16
17
1061WG Qualification for matched savings scheme (income
18
management) payment
19
(1) A person is qualified for a matched savings scheme (income
20
management) payment if:
21
(a) the person has completed an approved course; and
22
(b) the Secretary is satisfied that:
23
(i) the person has maintained a pattern of regular savings
24
throughout a period (the qualifying savings period) of
25
at least 13 consecutive weeks beginning after the person
26
commenced the approved course; and
27
(ii) the person has a qualifying savings amount; and
28
(c) the person is subject to the income management regime under
29
section 123UC, 123UCA, 123UCB, 123UCC, 123UD or
30
123UE of the Administration Act, and was subject to the
31
income management regime under one of those sections
32
throughout the qualifying savings period.
33
Income management regime Schedule 2
New social security payments Part 4
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 31
(2) For the purposes of paragraph (1)(a), a course is an approved
1
course if it is a course approved by the Secretary, by legislative
2
instrument, for the purposes of this subsection.
3
(3) In deciding whether he or she is satisfied as mentioned in
4
paragraph (1)(b), the Secretary must comply with any
5
decision-making principles set out in a legislative instrument made
6
by the Minister for the purposes of this subsection.
7
(4) A person has a qualifying savings amount if the amount (the
8
second amount) of the person's savings at the end of the
9
qualifying savings period is greater than the amount (if any) (the
10
first amount) of the person's savings at the beginning of that
11
period. The difference between the second amount and the first
12
amount is the person's qualifying savings amount.
13
(5) For the purposes of subsection (4), a person's qualifying savings
14
amount does not include any amount credited to the person's
15
income management account (within the meaning of Part 3B of the
16
Administration Act) during the qualifying savings period.
17
1061WH Amount of a matched savings scheme (income
18
management) payment
19
(1) The amount of a matched savings scheme (income management)
20
payment payable to a person is:
21
(a) the person's qualifying savings amount (as defined by
22
section 1061WG); or
23
(b) if the person's qualifying savings amount is more than
24
$500--$500.
25
(2) A matched savings scheme (income management) payment is to be
26
paid as a single lump sum.
27
(3) A person may receive one matched savings scheme (income
28
management) payment under this Part, regardless of how many
29
times the person qualifies for the payment.
30
Social Security (Administration) Act 1999
31
62 Before section 13
32
Insert:
33
Schedule 2 Income management regime
Part 4 New social security payments
32 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
12J Voluntary income management incentive payment
1
A claim is not required for a voluntary income management
2
incentive payment.
3
63 Subsection 47(1) (after paragraph (f) of the definition of
4
lump sum benefit)
5
Insert:
6
(fa) voluntary income management incentive payment; or
7
(fb) matched savings scheme (income management) payment; or
8
64 Before Subdivision E of Division 5 of Part 3B
9
Insert:
10
Subdivision DD--Voluntary income management incentive
11
payments and matched savings scheme (income
12
management) payments
13
123XPH Deductions from voluntary income management incentive
14
payments
15
Scope
16
(1) This section applies if:
17
(a) a person is subject to the income management regime; and
18
(b) a voluntary income management incentive payment is
19
payable to the person.
20
Deductions from payments
21
(2) The following provisions have effect:
22
(a) the Secretary must deduct from the voluntary income
23
management incentive payment the deductible portion of the
24
payment;
25
(b) an amount equal to the deductible portion of the payment is
26
credited to the Special Account;
27
(c) an amount equal to the deductible portion of the payment is
28
credited to the person's income management account.
29
Income management regime Schedule 2
New social security payments Part 4
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 33
Deductible portion
1
(3) For the purposes of subsection (2), the deductible portion of a
2
voluntary income management incentive payment is 100% of the
3
amount of the payment.
4
123XPI Deductions from matched savings scheme (income
5
management) payments
6
Scope
7
(1) This section applies if:
8
(a) a person is subject to the income management regime; and
9
(b) a matched savings scheme (income management) payment is
10
payable to the person.
11
Deductions from payments
12
(2) The following provisions have effect:
13
(a) the Secretary must deduct from the matched savings scheme
14
(income management) payment the deductible portion of the
15
payment;
16
(b) an amount equal to the deductible portion of the payment is
17
credited to the Special Account;
18
(c) an amount equal to the deductible portion of the payment is
19
credited to the person's income management account.
20
Deductible portion
21
(3) For the purposes of subsection (2), the deductible portion of the
22
matched savings scheme (income management) payment is 100%
23
of the amount of the payment.
24
65 Application
25
(1)
Part 2.25D of the Social Security Act 1991 (as inserted by item 61 of
26
this Part) applies in relation to a qualifying incentive payment period
27
that commences after the commencement of this Part.
28
(2)
Part 2.25E of the Social Security Act 1991 (as inserted by item 61 of
29
this Part) applies in relation to a qualifying savings period that
30
commences after the commencement of this Part.
31
32
Schedule 3 Alcohol
34 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
Schedule 3--Alcohol
1
2
Northern Territory National Emergency Response Act 2007
3
1 Before section 7
4
Insert:
5
6A Object of Part
6
The object of this Part is to enable special measures to be taken to
7
reduce alcohol-related harm in Indigenous communities in the
8
Northern Territory.
9
2 Subsection 11(1)
10
Omit "must, if it is practicable to do so, take all such steps as are, in its
11
opinion, necessary to", substitute "may".
12
3 Paragraph 11(1)(d)
13
Repeal the paragraph, substitute:
14
(d) setting out any other information that the Commission
15
considers appropriate.
16
4 Subsection 11(2)
17
Omit "must also", substitute "may".
18
5 Paragraph 11(2)(c)
19
Repeal the paragraph, substitute:
20
(c) setting out any other information that the Commission
21
considers appropriate.
22
6 Subsection 11(3)
23
Repeal the subsection, substitute:
24
(3) The Commission may, before exercising a power under
25
subsection (1) or (2), consult people living in the prescribed area
26
on the content of the notice.
27
7 Subsection 12(10)
28
Alcohol Schedule 3
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 35
Omit "must, if it is practicable to do so, take all such steps as are, in its
1
opinion, necessary to", substitute "may".
2
8 Subsection 12(11)
3
Omit "must also", substitute "may".
4
9 Subsection 12(12)
5
Repeal the subsection.
6
10 Section 18
7
Repeal the section, substitute:
8
18 Application of Police Administration Act
9
(1) The Commonwealth Minister may, by legislative instrument,
10
declare that Division 4 of Part VII of the Police Administration Act
11
applies to a specified prescribed area or a specified part of a
12
prescribed area as if the area or part were a public place.
13
Note:
The reference to the Police Administration Act of the Northern
14
Territory is to be construed as a reference to that Act as originally
15
enacted and as amended from time to time: see section 10A of the Acts
16
Interpretation Act 1901 of the Commonwealth.
17
(2) The Commonwealth Minister must not make a declaration under
18
subsection (1) in relation to a prescribed area or a part of a
19
prescribed area unless a request is made to the Commonwealth
20
Minister to do so by, or on behalf of, a person who is ordinarily
21
resident in the prescribed area or in the part of the prescribed area.
22
Community consultation
23
(3) Before making a declaration under subsection (1) in relation to a
24
prescribed area or a part of a prescribed area, the Commonwealth
25
Minister must ensure that:
26
(a) information setting out:
27
(i) the proposal to make the declaration; and
28
(ii) an explanation, in summary form, of the consequences
29
of the making of the declaration;
30
has been made available in the prescribed area or the part of
31
the prescribed area; and
32
Schedule 3 Alcohol
36 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
(b) people in the prescribed area or the part of the prescribed area
1
have been given a reasonable opportunity to discuss:
2
(i) the proposal to make the declaration; and
3
(ii) the consequences of the making of the declaration; and
4
(iii) their circumstances, concerns and views, so far as they
5
relate to the proposal;
6
with employees of the Commonwealth or such other persons
7
as the Commonwealth Minister thinks appropriate.
8
(4) A failure to comply with subsection (3) does not affect the validity
9
of a declaration under subsection (1).
10
Criteria for making a declaration
11
(5) In making a declaration under subsection (1) in relation to a
12
prescribed area or a part of a prescribed area, the Commonwealth
13
Minister must have regard to the following matters:
14
(a) the well-being of people living in the prescribed area or the
15
part of the prescribed area;
16
(b) whether there is reason to believe that people living in the
17
prescribed area or the part of the prescribed area have been
18
the victims of alcohol-related harm during a period the
19
Commonwealth Minister considers appropriate;
20
(c) the extent to which people living in the prescribed area or the
21
part of the prescribed area have, during a period the
22
Commonwealth Minister considers appropriate, expressed
23
their concerns about being at risk of alcohol-related harm;
24
(d) the extent to which people living in the prescribed area or the
25
part of the prescribed area have, during a period the
26
Commonwealth Minister considers appropriate, expressed
27
the view that their well-being will be improved if Division 4
28
of Part VII of the Police Administration Act applies in
29
relation to the prescribed area or the part of the prescribed
30
area in accordance with this section;
31
(e) whether there is an alcohol management plan in relation to a
32
community or communities in the prescribed area or the part
33
of the prescribed area;
34
(f) any discussions of the kind referred to in paragraph (3)(b);
35
(g) any other matter that the Commonwealth Minister considers
36
relevant.
37
Alcohol Schedule 3
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 37
11 At the end of section 19
1
Add:
2
(3) The Commonwealth Minister may make a declaration under
3
paragraph (1)(b) in relation to a prescribed area or a part of a
4
prescribed area:
5
(a) on the Commonwealth Minister's own initiative; or
6
(b) following a request made to the Commonwealth Minister by,
7
or on behalf of, a person who is ordinarily resident in the
8
prescribed area or in the part of the prescribed area.
9
(4) If the Commonwealth Minister makes a declaration under
10
paragraph (1)(b) in relation to a prescribed area or a part of a
11
prescribed area, this Division continues to apply, or the specified
12
provisions of this Division continue to apply, in relation to that
13
area or part after the declaration takes effect in relation to things
14
done, or omitted to be done, before the declaration takes effect.
15
Community consultation
16
(5) Before making a declaration under paragraph (1)(b) in relation to a
17
prescribed area or a part of a prescribed area, the Commonwealth
18
Minister must ensure that:
19
(a) information setting out:
20
(i) the proposal to make the declaration; and
21
(ii) an explanation, in summary form, of the consequences
22
of the making of the declaration;
23
has been made available in the prescribed area or the part of
24
the prescribed area; and
25
(b) people in the prescribed area or the part of the prescribed area
26
have been given a reasonable opportunity to discuss:
27
(i) the proposal to make the declaration; and
28
(ii) the consequences of the making of the declaration; and
29
(iii) their circumstances, concerns and views, so far as they
30
relate to the proposal;
31
with employees of the Commonwealth or such other persons
32
as the Commonwealth Minister thinks appropriate.
33
(6) A failure to comply with subsection (5) does not affect the validity
34
of a declaration under paragraph (1)(b).
35
Schedule 3 Alcohol
38 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
Criteria for making a declaration
1
(7) In making a declaration under paragraph (1)(b) in relation to a
2
prescribed area or a part of a prescribed area, the Commonwealth
3
Minister must have regard to the following matters:
4
(a) the well-being of people living in the prescribed area or the
5
part of the prescribed area;
6
(b) whether there is reason to believe that people living in the
7
prescribed area or the part of the prescribed area have been
8
the victims of alcohol-related harm during a period the
9
Commonwealth Minister considers appropriate;
10
(c) the extent to which people living in the prescribed area or the
11
part of the prescribed area have, during a period the
12
Commonwealth Minister considers appropriate, expressed
13
their concerns about being at risk of alcohol-related harm;
14
(d) the extent to which people living in the prescribed area or the
15
part of the prescribed area have, during a period the
16
Commonwealth Minister considers appropriate, expressed
17
the view that their well-being will be improved if this
18
Division continues to apply, or particular provisions of this
19
Division continue to apply, in relation to the prescribed area
20
or the part of the prescribed area;
21
(e) whether there is an alcohol management plan in relation to a
22
community or communities in the prescribed area or the part
23
of the prescribed area;
24
(f) any discussions of the kind referred to in paragraph (5)(b);
25
(g) any other matter that the Commonwealth Minister considers
26
relevant.
27
12 At the end of Division 2 of Part 2
28
Add:
29
19A Reapplication of the provisions of this Division
30
(1) The Commonwealth Minister may, by legislative instrument,
31
revoke a declaration made under paragraph 19(1)(b) in relation to a
32
prescribed area or a part of a prescribed area.
33
(2) At and after the time the instrument made under subsection (1)
34
takes effect:
35
Alcohol Schedule 3
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 39
(a) subject to paragraph (b), this Division again has effect, or the
1
provisions of this Division specified in the declaration
2
referred to in subsection (1) again have effect, in relation to
3
the prescribed area or the part of the prescribed area; or
4
(b) if, in the instrument made under subsection (1), the
5
Commonwealth Minister declares that specified provisions of
6
this Division again have effect in relation to the prescribed
7
area or the part of the prescribed area--only those provisions
8
again have effect in relation to the prescribed area or the part
9
of the prescribed area.
10
(3) The Commonwealth Minister may make a legislative instrument
11
under this section:
12
(a) on the Commonwealth Minister's own initiative; or
13
(b) following a request made to the Commonwealth Minister by,
14
or on behalf of, a person who is ordinarily resident in the
15
prescribed area or in the part of the prescribed area.
16
Community consultation
17
(4) Before making a legislative instrument under this section, the
18
Commonwealth Minister must ensure that:
19
(a) information setting out:
20
(i) the proposal to make the instrument; and
21
(ii) an explanation, in summary form, of the consequences
22
of the making of the instrument;
23
has been made available in the prescribed area or the part of
24
the prescribed area; and
25
(b) people in the prescribed area or the part of the prescribed area
26
have been given a reasonable opportunity to discuss:
27
(i) the proposal to make the instrument; and
28
(ii) the consequences of the making of the instrument; and
29
(iii) their circumstances, concerns and views, so far as they
30
relate to the instrument;
31
with employees of the Commonwealth or such other persons
32
as the Commonwealth Minister thinks appropriate.
33
(5) A failure to comply with subsection (4) does not affect the validity
34
of a legislative instrument under this section.
35
Schedule 3 Alcohol
40 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
Criteria for making legislative instrument
1
(6) In making a legislative instrument under this section, the
2
Commonwealth Minister must have regard to the following
3
matters:
4
(a) the well-being of people living in the prescribed area or the
5
part of the prescribed area;
6
(b) whether there is reason to believe that people living in the
7
prescribed area or the part of the prescribed area have been
8
the victims of alcohol-related harm during a period the
9
Commonwealth Minister considers appropriate;
10
(c) the extent to which people living in the prescribed area or the
11
part of the prescribed area have, during a period the
12
Commonwealth Minister considers appropriate, expressed
13
their concerns about being at risk of alcohol-related harm;
14
(d) the extent to which people living in the prescribed area or the
15
part of the prescribed area have, during a period the
16
Commonwealth Minister considers appropriate, expressed
17
the view that their well-being will be improved if this
18
Division applies, or particular provisions of this Division
19
apply, in relation to the prescribed area or the part of the
20
prescribed area;
21
(e) whether there is an alcohol management plan in relation to a
22
community or communities in the prescribed area or the part
23
of the prescribed area;
24
(f) any discussions of the kind referred to in paragraph (4)(b);
25
(g) any other matter that the Commonwealth Minister considers
26
relevant.
27
13 Division 3A of Part 2
28
Repeal the Division.
29
30
Prohibited material Schedule 4
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 41
Schedule 4--Prohibited material
1
2
Classification (Publications, Films and Computer Games)
3
Act 1995
4
1 Before section 99
5
Insert:
6
98A Main object of Part
7
The main object of this Part is to enable special measures to be
8
taken to protect children living in Indigenous communities in the
9
Northern Territory from being exposed to prohibited material.
10
2 Section 99
11
Insert:
12
child means a person who is under 18 years of age.
13
3 Section 99
14
Insert:
15
Indigenous Affairs Minister means the Minister administering the
16
Aboriginal Land Rights (Northern Territory) Act 1976.
17
4 Section 99
18
Insert:
19
Indigenous Affairs Secretary means the Secretary of the
20
Department administered by the Minister who administers the
21
Aboriginal Land Rights (Northern Territory) Act 1976.
22
5 At the end of Division 1 of Part 10
23
Add:
24
100A Declarations by Indigenous Affairs Minister
25
(1) The Indigenous Affairs Minister may, by legislative instrument,
26
declare that this Part ceases to have effect in relation to a specified
27
prescribed area or a specified part of a prescribed area.
28
Schedule 4 Prohibited material
42 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
(2) The Indigenous Affairs Minister must not make a declaration under
1
subsection (1) in relation to a prescribed area or a part of a
2
prescribed area unless a request is made to the Indigenous Affairs
3
Minister to do so by, or on behalf of, a person who is ordinarily
4
resident in the prescribed area or in the part of the prescribed area.
5
(3) If the Indigenous Affairs Minister makes a declaration under
6
subsection (1) in relation to a prescribed area or a part of a
7
prescribed area, this Part continues to apply in relation to that area
8
or part after the declaration takes effect in relation to things done,
9
or omitted to be done, before the declaration takes effect.
10
Community consultation
11
(4) Before making a declaration under subsection (1) in relation to a
12
prescribed area or a part of a prescribed area, the Indigenous
13
Affairs Minister must ensure that:
14
(a) information setting out:
15
(i) the proposal to make the declaration; and
16
(ii) an explanation, in summary form, of the consequences
17
of the making of the declaration;
18
has been made available in the prescribed area or the part of
19
the prescribed area; and
20
(b) people in the prescribed area or the part of the prescribed area
21
have been given a reasonable opportunity to discuss:
22
(i) the proposal to make the declaration; and
23
(ii) the consequences of the making of the declaration; and
24
(iii) their circumstances, concerns and views, so far as they
25
relate to the proposal;
26
with employees of the Commonwealth or such other persons
27
as the Indigenous Affairs Minister thinks appropriate.
28
(5) A failure to comply with subsection (4) does not affect the validity
29
of a declaration under subsection (1).
30
Criteria for making a declaration
31
(6) In making a declaration under subsection (1) in relation to a
32
prescribed area or a part of a prescribed area, the Indigenous
33
Affairs Minister must have regard to the following matters:
34
(a) the well-being of people living in the prescribed area or the
35
part of the prescribed area;
36
Prohibited material Schedule 4
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 43
(b) whether there is reason to believe that people living in the
1
prescribed area or the part of the prescribed area have been
2
the victims of violence or sexual abuse during a period the
3
Indigenous Affairs Minister considers appropriate;
4
(c) the extent to which people living in the prescribed area or the
5
part of the prescribed area have, during a period the
6
Indigenous Affairs Minister considers appropriate, expressed
7
their concerns about being at risk of violence or sexual abuse;
8
(d) whether there is reason to believe that children living in the
9
prescribed area or the part of the prescribed area have been
10
exposed to prohibited material during a period the Indigenous
11
Affairs Minister considers appropriate;
12
(e) the extent to which people living in the prescribed area or the
13
part of the prescribed area have, during a period the
14
Indigenous Affairs Minister considers appropriate, expressed
15
the view that their well-being will be improved if this Part
16
continues to apply in relation to the prescribed area or the
17
part of the prescribed area;
18
(f) any discussions of the kind referred to in paragraph (4)(b);
19
(g) the views of relevant law enforcement authorities;
20
(h) any other matter that the Indigenous Affairs Minister
21
considers relevant.
22
100B Reapplication of this Part
23
(1) The Indigenous Affairs Minister may, by legislative instrument,
24
revoke a declaration made under subsection 100A(1) in relation to
25
a prescribed area or a part of a prescribed area.
26
(2) At and after the time the revocation takes effect, this Part again has
27
effect in relation to the prescribed area or the part of the prescribed
28
area.
29
(3) The Indigenous Affairs Minister may make a revocation under
30
subsection (1):
31
(a) on the Indigenous Affairs Minister's own initiative; or
32
(b) following a request made to the Indigenous Affairs Minister
33
by, or on behalf of, a person who is ordinarily resident in the
34
prescribed area or in the part of the prescribed area.
35
Schedule 4 Prohibited material
44 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
Community consultation
1
(4) Before making a revocation under subsection (1), the Indigenous
2
Affairs Minister must ensure that:
3
(a) information setting out:
4
(i) the proposal to make the revocation; and
5
(ii) an explanation, in summary form, of the consequences
6
of the making of the revocation;
7
has been made available in the prescribed area or the part of
8
the prescribed area; and
9
(b) people in the prescribed area or the part of the prescribed area
10
have been given a reasonable opportunity to discuss:
11
(i) the proposal to make the revocation; and
12
(ii) the consequences of the making of the revocation; and
13
(iii) their circumstances, concerns and views, so far as they
14
relate to the proposal;
15
with employees of the Commonwealth or such other persons
16
as the Indigenous Affairs Minister thinks appropriate.
17
(5) A failure to comply with subsection (4) does not affect the validity
18
of a revocation under subsection (1).
19
Criteria for making a revocation
20
(6) In making a revocation under subsection (1), the Indigenous
21
Affairs Minister must have regard to the following matters:
22
(a) the well-being of people living in the prescribed area or the
23
part of the prescribed area;
24
(b) whether there is reason to believe that people living in the
25
prescribed area or the part of the prescribed area have been
26
the victims of violence or sexual abuse during a period the
27
Indigenous Affairs Minister considers appropriate;
28
(c) the extent to which people living in the prescribed area or the
29
part of the prescribed area have, during a period the
30
Indigenous Affairs Minister considers appropriate, expressed
31
their concerns about being at risk of violence or sexual abuse;
32
(d) whether there is reason to believe that children living in the
33
prescribed area or the part of the prescribed area have been
34
exposed to prohibited material during a period the Indigenous
35
Affairs Minister considers appropriate;
36
Prohibited material Schedule 4
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 45
(e) the extent to which people living in the prescribed area or the
1
part of the prescribed area have, during a period the
2
Indigenous Affairs Minister considers appropriate, expressed
3
the view that their well-being will be improved if this Part
4
applies in relation to the prescribed area or the part of the
5
prescribed area;
6
(f) any discussions of the kind referred to in paragraph (4)(b);
7
(g) the views of relevant law enforcement authorities;
8
(h) any other matter that the Indigenous Affairs Minister
9
considers relevant.
10
100C Delegation by Indigenous Affairs Minister
11
The Indigenous Affairs Minister may, by writing, delegate any or
12
all of his or her powers and functions under sections 100A and
13
100B to the Indigenous Affairs Secretary.
14
15
Schedule 5 Acquisition of rights, titles and interests in land
46 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
Schedule 5--Acquisition of rights, titles and
1
interests in land
2
3
Northern Territory National Emergency Response Act 2007
4
1 Before Division 1 of Part 4
5
Insert:
6
Division 1A--Preliminary
7
30A Object of Part
8
The object of this Part is to enable special measures to be taken to:
9
(a) improve the delivery of services in Indigenous communities
10
in the Northern Territory; and
11
(b) promote economic and social development in those
12
communities.
13
2 After subsection 35(2)
14
Insert:
15
(2A) Subject to subsection (2D), the Commonwealth is entitled to use,
16
and to permit the use of, land covered by a lease granted under
17
section 31 for any use the Commonwealth considers is consistent
18
with the fulfilment of the object of this Part and is not entitled to
19
use, or to permit the use of, the land for any other use.
20
(2B) Subject to subsection (2D), subsection (2A) does not entitle the
21
Commonwealth to engage in, or to permit, exploration or mining in
22
respect of land covered by a lease granted under section 31.
23
(2C) For the purposes of subsection (2B), exploration and mining have
24
the same meanings as in the Mining Act of the Northern Territory.
25
Note:
The reference to the Mining Act of the Northern Territory is to be
26
construed as a reference to that Act as originally enacted and as
27
amended from time to time: see section 10A of the Acts Interpretation
28
Act 1901 of the Commonwealth.
29
(2D) Subsections (2A) and (2B) do not limit Part IV of the Aboriginal
30
Land Rights (Northern Territory) Act 1976.
31
Acquisition of rights, titles and interests in land Schedule 5
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 47
3 At the end of subsection 35(5)
1
Add:
2
Note:
The Commonwealth must have regard to the matters specified in the
3
guidelines in force under subsection 35A(2) in exercising a power
4
under this subsection.
5
4 After section 35
6
Insert:
7
35A Guidelines for exercise of powers under subsection 35(5)
8
(1) In exercising a power under subsection 35(5), the Commonwealth
9
must have regard to the matters specified in the guidelines in force
10
under subsection (2) of this section.
11
(2) The Minister must, by legislative instrument, make guidelines
12
specifying matters for the purposes of subsection (1).
13
(3) Subsection (1) does not prevent the Commonwealth from having
14
regard to other matters in exercising a power under subsection
15
35(5).
16
5 After section 36
17
Insert:
18
36A Administering leases
19
(1) In administering a lease granted under section 31, regard must be
20
had to the body of traditions, observances, customs and beliefs of
21
Indigenous persons generally, or of a particular group of
22
Indigenous persons, as those traditions, observances, customs and
23
beliefs apply in relation to the land covered by the lease.
24
(2) Subsection (1) does not prevent regard being had to other matters
25
in administering a lease granted under section 31.
26
(3) In this section:
27
administering a lease includes exercising a power under subsection
28
35(5) in relation to the lease.
29
6 At the end of Subdivision A of Division 1 of Part 4
30
Schedule 5 Acquisition of rights, titles and interests in land
48 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
Add:
1
37A Negotiations on terms and conditions of another lease
2
(1) The relevant owner of land leased under section 31 may request the
3
Commonwealth to enter into negotiations with the relevant owner
4
on the terms and conditions of another lease covering all or a part
5
of that land.
6
(2) If the relevant owner makes a request under subsection (1), then,
7
while the Commonwealth considers that the Commonwealth may
8
be the lessee of that other lease, the Commonwealth must engage
9
in negotiations in good faith with the relevant owner on those
10
terms and conditions.
11
(3) The Commonwealth may invite one or more of the following to
12
participate in those negotiations:
13
(a) the Northern Territory;
14
(b) an authority of the Commonwealth;
15
(c) an authority of the Northern Territory;
16
(d) any other person or body.
17
The Commonwealth may invite a person or body under this
18
subsection only if the Commonwealth considers that the person or
19
body may be the lessee of that other lease.
20
Note 1:
Subsections 37(7) and (8) and subsection 52(3) deal with the
21
termination or variation of a lease of land granted under section 31 if a
22
lease of all or a part of the land is granted under section 19 or 19A of
23
the Aboriginal Land Rights (Northern Territory) Act 1976.
24
Note 2:
Subsections 35(6) and (7) allow the Commonwealth to vary or
25
terminate a lease of land granted under section 31. One of those
26
provisions could be used if another lease is granted.
27
7 Application
28
(1)
Subsection 35(2A) of the Northern Territory National Emergency
29
Response Act 2007, as inserted by this Schedule, applies in relation to
30
the use of land on or after the commencement of this item (whether the
31
leases were granted under section 31 of that Act before, on or after that
32
commencement).
33
(2)
Section 35A of the Northern Territory National Emergency Response
34
Act 2007, as inserted by this Schedule, applies in relation to the exercise
35
of powers on or after the commencement of that section (whether the
36
Acquisition of rights, titles and interests in land Schedule 5
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 49
leases were granted under section 31 of that Act before, on or after that
1
commencement).
2
(3)
Section 36A of the Northern Territory National Emergency Response
3
Act 2007, as inserted by this Schedule, applies in relation to the
4
administering of leases on or after the commencement of this item
5
(whether the leases were granted under section 31 of that Act before, on
6
or after that commencement).
7
(4)
Section 37A of the Northern Territory National Emergency Response
8
Act 2007, as inserted by this Schedule, applies in relation to requests
9
made on or after the commencement of this item (whether the leases
10
were granted under section 31 of that Act before, on or after that
11
commencement).
12
13
Schedule 6 Licensing of community stores
Part 1 Amendment of Acts
50 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
Schedule 6--Licensing of community stores
1
Part 1--Amendment of Acts
2
Northern Territory National Emergency Response Act 2007
3
1 Section 3 (definition of community store licence)
4
Omit "to operate a community store", substitute "granted under
5
section 97".
6
2 Section 3
7
Insert:
8
food security has the meaning given by section 91B.
9
3 Section 3
10
Insert:
11
manager, in relation to a community store, has the meaning given
12
by subsection 93A(2).
13
4 Section 3 (definition of operator)
14
Repeal the definition.
15
5 Section 3
16
Insert:
17
owner, in relation to a community store, has the meaning given by
18
subsection 93A(1).
19
6 Section 3
20
Insert:
21
Registrar has the same meaning as in the Corporations (Aboriginal
22
and Torres Strait Islander) Act 2006.
23
7 Before Division 1 of Part 7
24
Insert:
25
Licensing of community stores Schedule 6
Amendment of Acts Part 1
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 51
Division 1A--Object of Part
1
91A Object of Part
2
(1) The object of this Part is to enable special measures to be taken for
3
the purpose of promoting food security for certain Indigenous
4
communities in the Northern Territory.
5
(2) In particular, this Part is intended to enhance the contribution made
6
by community stores in the Northern Territory to achieving food
7
security for certain Indigenous communities.
8
8 Before section 92
9
Insert:
10
91B Meaning of food security
11
For the purposes of this Act, food security means a reasonable
12
ongoing level of access to a range of food, drink and grocery items
13
that is reasonably priced, safe and of sufficient quantity and quality
14
to meet nutritional and related household needs.
15
9 Paragraph 92(1)(a)
16
Repeal the paragraph, substitute:
17
(a) the Secretary is satisfied that the business is a key source of
18
food, drink and grocery items for an Indigenous community;
19
and
20
10 Subparagraphs 92(1)(b)(ii) and (iii)
21
Omit "paragraph", substitute "subparagraph".
22
11 Paragraphs 92(2)(a) and (b)
23
Repeal the paragraphs.
24
12 Subsection 93(1)
25
Repeal the subsection, substitute:
26
(1)
The
assessable matters, in relation to a community store, are the
27
following:
28
(a) whether the community store makes, or will make, available
29
a sufficient quantity and range of safe and good quality food,
30
Schedule 6 Licensing of community stores
Part 1 Amendment of Acts
52 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
drink and grocery items to meet the nutritional and related
1
household needs of each Indigenous community it services or
2
may service;
3
(b) the capacity of the manager to promote, and the manager's
4
promotion of, better nutritional outcomes through methods
5
including, but not limited to:
6
(i) stock placement and store layout; and
7
(ii) nutritional displays and demonstrations;
8
(c) the quality of the retail management practices of the manager
9
in relation to matters including, but not limited to, the
10
following:
11
(i)
stock
management;
12
(ii) adequacy of stock storage;
13
(iii) stock pricing methodology;
14
(iv) sustainable management of store infrastructure;
15
(v) point of sale management;
16
(vi) the practices of the store in relation to maintaining
17
cleanliness and hygiene;
18
(vii) the practices of the store in relation to ensuring the
19
safety of its customers and employees;
20
(viii)
freight
arrangements;
21
(d) whether the financial practices of the owner and manager of
22
the community store support the sustainable operation of the
23
store including, but not limited to, in relation to the
24
following:
25
(i) financial accounting practices;
26
(ii)
budgeting
procedures;
27
(iii) creditor and debtor management;
28
(iv) cash and assets management;
29
(v)
procurement
practices;
30
(vi)
insurance
arrangements;
31
(vii) management of employment arrangements;
32
(e) the character of the manager, employees and other persons
33
associated with carrying on the business of the community
34
store, including, but not limited to, whether the manager,
35
employees or other persons have a criminal history;
36
(f) the business structure and governance practices of the
37
community store;
38
Licensing of community stores Schedule 6
Amendment of Acts Part 1
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 53
(g) the community store's capacity to participate in, and (if
1
applicable) the community store's record of compliance with
2
the requirements of, the income management regime;
3
(h) matters relating to food security specified by the Minister
4
under subsection 125(2);
5
(i) any other matter relating to food security that the Secretary
6
considers relevant.
7
13 Subsection 93(2)
8
Omit all the words and paragraphs after "assessable", substitute
9
"matters as they apply to a community store at the time of the
10
consideration or as the person proposes they will apply in future in
11
relation to a community store.".
12
14 Subsection 93(3)
13
Omit ", transfer".
14
15 At the end of section 93
15
Add:
16
(4) The Secretary may, by written notice given to:
17
(a) an individual who is the manager or an employee of a
18
community store; or
19
(b) another person associated with the carrying on of the
20
business of a community store;
21
request the individual to give to the Secretary any written consent
22
that the Secretary requires to enable criminal records to be checked
23
for the purposes of this Part.
24
(5) This section does not affect the operation of Part VIIC of the
25
Crimes Act 1914 (which includes provisions that, in certain
26
circumstances, relieve persons from the requirement to disclose
27
spent convictions and require persons aware of such convictions to
28
disregard them).
29
16 At the end of Division 1 of Part 7
30
Add:
31
Schedule 6 Licensing of community stores
Part 1 Amendment of Acts
54 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
93A Meanings of owner and manager
1
(1) For the purposes of this Act, the owner of a community store is the
2
person who has overall ownership of the community store business
3
and is entitled to the profits (if any), and liable for the debts (if
4
any), of the community store.
5
(2) For the purposes of this Act, the manager of a community store is
6
the person who is responsible for the day to day management of the
7
community store.
8
(3) To avoid doubt:
9
(a) the same person can be both the owner and manager of a
10
community store; and
11
(b) more than one person can be:
12
(i) the owner of a community store; or
13
(ii) the manager of a community store.
14
93B Unincorporated associations and partnerships
15
(1) For the purposes of the definition of owner of a community store in
16
subsection 93A(1), an unincorporated association or a partnership:
17
(a) is taken to be a person; and
18
(b) is taken to have overall ownership of the community store
19
business and to be entitled to the profits (if any), and liable
20
for the debts (if any), of the community store, if:
21
(i) in the case of an unincorporated association--one or
22
more members of the unincorporated association, have
23
overall ownership of the community store business and
24
are entitled to those profits and liable for those debts; or
25
(ii) in the case of a partnership--one or more partners in the
26
partnership have overall ownership of the community
27
store business and are entitled to those profits and liable
28
for those debts.
29
(2) If, because of subsection (1), an unincorporated association or a
30
partnership is the owner of a community store, this Part applies as
31
follows in relation to the unincorporated association or partnership:
32
(a) if a provision of this Part requires or permits a notice to be
33
given to the owner of the community store, the notice may be
34
given to the following:
35
Licensing of community stores Schedule 6
Amendment of Acts Part 1
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 55
(i) in the case of an unincorporated association--any of the
1
members of the committee of management from time to
2
time;
3
(ii) in the case of a partnership--any of the partners from
4
time to time;
5
(b) anything done, or not done, by a member of the committee of
6
management or a partner, in relation to the community store,
7
is taken to have been done, or not done, by the
8
unincorporated association or the partnership;
9
(c) the obligations, requirements and restrictions imposed, and
10
the rights conferred, under this Part upon the owner of the
11
community store are taken to be imposed or conferred upon
12
the members of the committee of management, or the
13
partners, from time to time.
14
(3) For the purposes of this Part, a change in the composition of an
15
unincorporated association or a partnership does not affect the
16
continuity of the unincorporated association or partnership.
17
(4) In this section:
18
committee of management of an unincorporated association means
19
a body (however described) that governs, manages or conducts the
20
affairs of the association.
21
93C More than one owner or manager of a community store
22
If more than one person is the owner or the manager of a
23
community store, this Part applies as follows:
24
(a) if a provision of this Part requires or permits a notice to be
25
given to the owner of the community store the notice may be
26
given to any of the owners;
27
(b) if a provision of this Part requires or permits a notice to be
28
given to the manager of the community store, the notice may
29
be given to any of the managers;
30
(c) the obligations, requirements and restrictions imposed, and
31
rights conferred, under this Part upon the owner of the
32
community store are taken to be imposed or conferred upon
33
each owner;
34
(d) the obligations, requirements and restrictions imposed, and
35
rights conferred, under this Part upon the manager of the
36
Schedule 6 Licensing of community stores
Part 1 Amendment of Acts
56 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
community store are taken to be imposed or conferred upon
1
each manager.
2
17 Subsections 94(1) and (2)
3
Repeal the subsections, substitute:
4
(1) The Secretary may, on the Secretary's own initiative, require an
5
authorised officer to assess a community store for one or more of
6
the following purposes:
7
(a) deciding whether or not a community store licence is
8
required to be held in relation to a community store (see
9
Division 2A);
10
(b) deciding whether to grant, revoke, vary or impose conditions
11
upon a community store licence (see Division 3).
12
(2) In assessing a community store, an authorised officer must have
13
regard to the following:
14
(a) in the case of an assessment referred to in paragraph (1)(a)--
15
the general objective of promoting food security in an
16
Indigenous community the community store services or may
17
service;
18
(b) in the case of an assessment referred to in paragraph (1)(b)--
19
the assessable matters (see section 93).
20
18 Subsection 94(4)
21
Omit "whether or not the operator has made an application under
22
section 96", substitute "whether or not an application under section 96
23
has been made in relation to the community store".
24
19 Section 95
25
Repeal the section, substitute:
26
95 Notice in relation to assessments
27
(1) This section applies if an assessment of a community store is to be,
28
or is being, conducted.
29
(2) The Secretary, or the authorised officer responsible for conducting
30
the assessment, must give a written notice to the owner and the
31
manager of the community store that specifies the following:
32
(a) that the assessment is to be, or is being, conducted;
33
Licensing of community stores Schedule 6
Amendment of Acts Part 1
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 57
(b) the name of the authorised officer or authorised officers who
1
are conducting, or will conduct, the assessment;
2
(c) the purpose of the assessment;
3
(d) the matters to which the authorised officer is to have regard
4
in conducting the assessment (see subsection 94(2)).
5
(3) If entry to the community store, or access to material or
6
documents, is required for the purposes of the assessment, written
7
notice of the requirement must be given (whether in the notice
8
under subsection (2) or in another notice) at least 7 working days
9
before the entry or access is required, unless a shorter period is
10
agreed with the owner or manager.
11
(4) To avoid doubt, nothing in this section requires that a store be
12
visited or entered for the purposes of conducting an assessment.
13
20 After Division 2 of Part 7
14
Insert:
15
Division 2A--Secretary may require community store
16
licences
17
95A Secretary may decide whether a community store licence is
18
required
19
(1) The Secretary may, at any time, consider whether a community
20
store licence is required to be held by the owner of a community
21
store.
22
(2) If the Secretary decides that a community store licence is or is not
23
required to be held by the owner of a community store, the
24
Secretary must give written notice of the decision to the owner and
25
the manager of the community store.
26
Note:
Under subsection 33(3) of the Acts Interpretation Act 1901, the
27
Secretary may vary or revoke a notice.
28
(3) The Secretary must not decide that a community store licence is
29
required to be held by the owner of a community store unless the
30
Secretary is satisfied that to do so is reasonably likely to promote
31
food security for an Indigenous community that the community
32
store services or may service.
33
Schedule 6 Licensing of community stores
Part 1 Amendment of Acts
58 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
(4) In making a decision under this section, the Secretary must have
1
regard to:
2
(a) the circumstances, concerns and views of people who are
3
being serviced by the community store; and
4
(b) the object of this Part (see section 91A).
5
21 Subsection 96(1)
6
Repeal the subsection, substitute:
7
(1) The owner of a community store, or a person acting on the owner's
8
behalf, may apply for a community store licence in relation to the
9
community store.
10
Note:
The heading to section 96 is altered by omitting "licence to operate a community
11
store", and substituting "community store licence".
12
22 Subsection 97(1)
13
Repeal the subsection, substitute:
14
(1) The Secretary must decide whether to grant a community store
15
licence to the owner of a community store if:
16
(a) an application for the community store licence has been made
17
under section 96; or
18
(b) a notice under section 95A that a community store licence is
19
required to be held by the owner of the community store is in
20
effect, and such a licence was not in effect at the time the
21
notice was given.
22
23 Subsections 97(2) and (3)
23
Omit "to a person", substitute "to the owner of a community store".
24
24 Paragraph 97(3)(b)
25
Repeal the paragraph, substitute:
26
(b) any assessment of the community store or stores under
27
section 94; and
28
25 Paragraph 97(4)(a)
29
Omit "in the case of a person who is an operator of a community
30
store--the person", substitute "the person or another person".
31
26 At the end of section 97
32
Licensing of community stores Schedule 6
Amendment of Acts Part 1
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 59
Add:
1
(5) In making a decision under this section, the Secretary must have
2
regard to:
3
(a) the circumstances, concerns and views of people who are
4
being serviced by the community store; and
5
(b) the object of this Part (see section 91A).
6
27 Section 98
7
Omit all the words and paragraphs after "relate", substitute "to a
8
specified community store or specified community stores.".
9
28 Section 99
10
Repeal the section, substitute:
11
99 Procedure before refusing to grant a community store licence
12
(1) If the Secretary proposes to refuse to grant a community store
13
licence, the Secretary must give written notice of the proposed
14
refusal to the owner and the manager of the community store.
15
(2) The notice must:
16
(a) specify the reasons for the proposed refusal; and
17
(b) invite written responses, from the owner and manager of the
18
community store, to the matters specified in the notice; and
19
(c) specify the day (the response day) by which responses are to
20
be received; and
21
(d) specify the address where written responses are to be lodged.
22
(3) The response day must not be less than 7 working days after the
23
day on which the notice is given.
24
(4)
If:
25
(a) the community store has been assessed for the purpose of
26
deciding whether to grant the licence; and
27
(b) a notice under section 95A that a community store licence is
28
required to be held by the owner of the store is in effect;
29
the notice under subsection (1) must advise that, if a community
30
store licence is not held by the owner of the community store by
31
the day specified in the notice, or by a later day agreed to by the
32
Schedule 6 Licensing of community stores
Part 1 Amendment of Acts
60 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
Secretary, the community store will not be eligible to participate in
1
the income management regime after that day.
2
(5) The Secretary must not refuse to grant a community store licence
3
unless:
4
(a) each person required to be given a notice under
5
subsection (1) has been given such a notice; and
6
(b) the Secretary has considered all written responses received
7
by the response day.
8
29 Subparagraph 100(b)(iii)
9
Repeal the subparagraph.
10
30 Paragraph 101(1)(a)
11
Omit "the person who will be the holder of the licence", substitute "the
12
owner and the manager of the community store".
13
31 Subsection 101(2)
14
Omit all the words and paragraphs after "decision", substitute "to the
15
owner and the manager of the community store.".
16
32 Paragraph 102(a)
17
Omit ", 105 (monitoring and audits) and 110 (transfer)", substitute "and
18
105 (monitoring and audits)".
19
33 Subsection 103(1)
20
Omit "(1)".
21
34 After paragraph 103(1)(b)
22
Insert:
23
(ba) notifying a change of manager or owner (whether permanent
24
or temporary);
25
(bb) notifying a change in the composition or structure of the
26
owner;
27
35 Subsection 103(2)
28
Repeal the subsection.
29
36 Section 104
30
Licensing of community stores Schedule 6
Amendment of Acts Part 1
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 61
Omit "holder of the licence must operate the store", substitute "owner
1
of the community store must ensure the store is operated".
2
37 Subsection 105(1)
3
Omit "holder of the licence", substitute "owner and the manager of the
4
community store in relation to which a licence is in effect".
5
38 Subsection 106(1)
6
Omit "holder of a community store licence", substitute "owner and the
7
manager of a community store".
8
39 Paragraph 106(1)(b)
9
Omit "licence holder", substitute "owner or the manager".
10
40 At the end of subsection 106(1)
11
Add:
12
Note:
A community store licence can also be revoked under section 111
13
(which relates to registration under the Corporations (Aboriginal and
14
Torres Strait Islander) Act 2006).
15
41 Subsection 107(1)
16
Omit "licence holder" (first occurring), substitute "owner and the
17
manager of the community store".
18
42 Paragraph 107(1)(b)
19
Omit "licence holder", substitute "owner, or a person acting on the
20
owner's behalf".
21
43 Paragraph 107(3)(c)
22
After "extend", insert "or shorten".
23
44 After subsection 107(4)
24
Insert:
25
(4A) Subsection (4) does not apply to an application for a variation that
26
would have the effect of shortening the period of effect of a
27
licence.
28
45 Subsection 107(6)
29
After "extend", insert "or shorten".
30
Schedule 6 Licensing of community stores
Part 1 Amendment of Acts
62 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
46 Paragraph 107(7)(b)
1
Omit "holder of the licence", substitute "owner or manager of the
2
community store".
3
47 Section 108
4
Repeal the section, substitute:
5
108 Notice to be given before varying, revoking or refusing to vary a
6
community store licence
7
(1) This section applies if:
8
(a) the Secretary proposes to vary a community store licence; or
9
(b) the Secretary proposes to revoke a community store licence
10
under section 106; or
11
(c) an application under paragraph 107(1)(b) has been made for a
12
community store licence to be varied, and the Secretary
13
proposes to refuse to vary the licence in accordance with the
14
application.
15
(2) The Secretary must give written notice of the proposed variation,
16
revocation or refusal to vary to the owner and the manager of the
17
community store.
18
108A Requirements for notices relating to varying, revoking or
19
refusing to vary a community store licence
20
(1) A notice under subsection 108(2) in relation to a proposed
21
variation or revocation of, or a proposed refusal to vary, a
22
community store licence must:
23
(a) specify the reasons for the proposed variation, revocation or
24
refusal to vary; and
25
(b) invite written responses in relation to the matters specified in
26
the notice; and
27
(c) specify the day (the response day) by which written
28
responses are to be received; and
29
(d) specify the address where written responses are to be lodged.
30
(2) The response day must not be less than 7 working days after the
31
day on which the notice is given.
32
(3)
If:
33
Licensing of community stores Schedule 6
Amendment of Acts Part 1
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 63
(a) an application is made for a variation that would, if the
1
variation were made, extend the period of effect of the
2
community store licence; and
3
(b) the community store has been assessed for the purpose of
4
deciding whether to vary the licence as mentioned in
5
paragraph (a);
6
the notice must advise that, if the period of effect of the licence is
7
not extended, the community store will not be eligible to
8
participate in the income management regime after the licence
9
ceases to be in effect.
10
(4)
If:
11
(a) the Secretary proposes to revoke the community store
12
licence; and
13
(b) the community store has been assessed for the purposes of
14
deciding whether to revoke the community store licence;
15
the notice must advise that, if the licence is revoked, the
16
community store will not be eligible to participate in the income
17
management regime after the revocation takes effect.
18
(5) The Secretary must not vary, revoke or refuse to vary a community
19
store licence unless:
20
(a) the persons required to be given a notice under subsection
21
108(2) have been given such a notice; and
22
(b) the Secretary has considered all written responses received
23
by the response day.
24
48 Subdivision D of Division 3 of Part 7
25
Repeal the Subdivision.
26
49 Division 4 of Part 7
27
Repeal the Division, substitute:
28
Schedule 6 Licensing of community stores
Part 1 Amendment of Acts
64 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
Division 4--Requirement to register under the
1
Corporations (Aboriginal and Torres Strait
2
Islander) Act 2006
3
110 Secretary may require registration under the Corporations
4
(Aboriginal and Torres Strait Islander) Act 2006
5
(1) The Secretary may give a written notice to the owner and the
6
manager of a community store requiring the owner to become
7
registered under the Corporations (Aboriginal and Torres Strait
8
Islander) Act 2006 by the day specified in the notice.
9
(2) The Secretary must not give a notice under subsection (1) to the
10
owner and the manager of a community store unless, at the time
11
the notice is given:
12
(a) a community store licence is in effect in relation to the store;
13
and
14
(b) the owner of the community store is incorporated under the
15
Associations Act.
16
(3) The notice must:
17
(a) advise the owner that if the owner does not become
18
registered by the day specified in the notice (the registration
19
day):
20
(i) the Secretary may revoke the community store licence;
21
and
22
(ii) the community store will not be eligible to participate in
23
the income management regime after the revocation
24
takes effect; and
25
(b) invite written responses from the owner and the manager of
26
the community store in relation to the requirement to become
27
registered by the day (the response day) specified in the
28
notice.
29
Note:
Under subsection 33(3) of the Acts Interpretation Act 1901, the
30
Secretary may vary or revoke a notice.
31
(4) The response day must not be earlier than 4 weeks before the
32
registration day.
33
(5) A notice under subsection (1) is not a legislative instrument.
34
Licensing of community stores Schedule 6
Amendment of Acts Part 1
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 65
111 Secretary may revoke licence if owner does not become
1
registered
2
(1) The Secretary may, by notice given in writing to the owner and the
3
manager of a community store, revoke a community store licence
4
in relation to the store, if:
5
(a) the Secretary has given the owner and the manager of the
6
community store a notice under subsection 110(1) requiring
7
the owner to become registered under the Corporations
8
(Aboriginal and Torres Strait Islander) Act 2006 by the
9
registration day referred to in paragraph 110(3)(a); and
10
(b) the owner has not become registered under that Act as at the
11
registration day, or such later day as is agreed by the
12
Secretary.
13
(2) The revocation takes effect on the day on which the notice under
14
subsection (1) is given, or on a later day specified in the notice.
15
(3) The Secretary must not revoke a licence under subsection (1)
16
unless the Secretary has considered all written responses made by
17
the response day referred to in paragraph 110(3)(b).
18
(4) The Secretary must not revoke a licence under subsection (1) if the
19
Secretary is satisfied that it was not reasonably practicable in the
20
circumstances for the owner to become registered by the day
21
specified in the notice, or the later day agreed to by the Secretary,
22
having regard to the following:
23
(a) any responses received from the owner by the response day;
24
(b) any views expressed by the Registrar;
25
(c) any other matter the Secretary considers relevant.
26
Division 4A--Certain community stores not eligible to
27
participate in income management
28
112 Community stores not eligible to participate in income
29
management--failure to hold a licence
30
(1) This section applies to a community store if:
31
(a)
both:
32
(i) a notice has been given as mentioned in subsection
33
99(4), advising that if a community store licence is not
34
Schedule 6 Licensing of community stores
Part 1 Amendment of Acts
66 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
in effect in relation to the community store by a
1
specified day, the community store will not be eligible
2
to participate in the income management regime after
3
that day; and
4
(ii) as at the specified day, or such later day as agreed in
5
writing by the Secretary, such a licence is not in effect;
6
or
7
(b)
both:
8
(i) a notice has been given as mentioned in subsection
9
108A(3), advising that if the period of effect of the
10
community store licence held in relation to the
11
community store is not extended, the community store
12
will not be eligible to participate in the income
13
management regime; and
14
(ii) the community store licence subsequently ceases to be
15
in effect because the licence was not extended; or
16
(c)
both:
17
(i) a notice has been given as mentioned in subsection
18
108A(4) or 110(1), advising that if the community store
19
licence held in relation to the community store is
20
revoked, the community store will not be eligible to
21
participate in the income management regime; and
22
(ii) the licence is subsequently revoked.
23
(2) The community store is not eligible to participate in the income
24
management regime during the period:
25
(a) beginning on whichever of the following days is applicable:
26
(i) in the case of a community store referred to in
27
paragraph (1)(a)--the day specified in the notice or the
28
later day referred to in subparagraph (1)(a)(ii);
29
(ii) in the case of a community store referred to in
30
paragraph (1)(b)--the day on which the community
31
store licence ceases to be in effect;
32
(iii) in the case of a community store referred to in
33
paragraph (1)(c)--the day on which the revocation takes
34
effect; and
35
(b) ending on the earlier of the following days:
36
(i) the day on which a community store licence comes into
37
effect in relation to the community store;
38
Licensing of community stores Schedule 6
Amendment of Acts Part 1
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 67
(ii) the day on which the Secretary gives a notice under
1
section 95A stating that a community store licence is
2
not required in relation to the community store.
3
Note:
The consequences of not being eligible to participate in the income
4
management regime are dealt with in section 113.
5
113 Consequences of community store not being eligible to
6
participate in income management regime
7
(1) This section sets out the consequences for a community store if it is
8
not eligible to participate in the income management regime during
9
a period referred to in subsection 112(2).
10
(2) The Secretary must take reasonable steps to ensure that a stored
11
value card given to a person under section 123YE or 123YF of the
12
Social Security (Administration) Act 1999 cannot be used to
13
acquire goods or services from the community store during the
14
period.
15
(3) The Secretary must not make a payment under section 123YI or
16
123YJ of the Social Security (Administration) Act 1999 to the
17
owner or manager of the community store during the period.
18
(4) If, before the beginning of the period, the Secretary had made a
19
payment under section 123YI or 123YJ of the Social Security
20
(Administration) Act 1999 to the owner or manager of the
21
community store, the Secretary must give the owner or manager a
22
notice under section 123ZH of that Act requiring the owner or
23
manager to repay so much of the amount paid as has not been
24
applied by the relevant account holder for the purposes of the
25
acquisition of goods or services.
26
50 Subsections 119(2) and (3)
27
Omit "The operator of the community store, the occupier of premises of
28
the store,", substitute "The owner of the community store, the manager
29
of the store, the occupier of premises of the store".
30
51 Subparagraph 122(2)(h)(iii)
31
Omit "or (ii); or", substitute "or (ii).".
32
52 Paragraph 122(2)(i)
33
Repeal the paragraph.
34
Schedule 6 Licensing of community stores
Part 1 Amendment of Acts
68 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
53 After section 123
1
Insert:
2
123A Community consultation
3
(1) Before making a legislative instrument under section 123 in
4
relation to an area, a place or premises, the Minister must ensure
5
that:
6
(a) information setting out:
7
(i) the proposal to make the legislative instrument; and
8
(ii) an explanation, in summary form, of the consequences
9
of the making of the legislative instrument;
10
has been made reasonably available to people who are being,
11
or would be, serviced by each business that may be a
12
community store if the instrument were made; and
13
(b) such people have been given a reasonable opportunity to
14
discuss:
15
(i) the proposal to make the legislative instrument; and
16
(ii) the consequences of the making of the legislative
17
instrument; and
18
(iii) their circumstances, concerns and views, so far as they
19
relate to the proposal;
20
with employees of the Commonwealth or such other persons
21
as the Minister thinks appropriate.
22
(2) A failure to comply with subsection (1) does not affect the validity
23
of an instrument under section 123.
24
123B Criteria for making legislative instrument
25
In making a legislative instrument under section 123 in relation to
26
an area, a place or premises, the Minister must have regard to the
27
following matters:
28
(a) the number and geographic distribution of the Indigenous
29
people that are being, or would be, serviced by each business
30
that may be a community store if the instrument were made;
31
(b) access for such people to alternative sources of food security;
32
(c) whether there is evidence that existing arrangements have
33
resulted in, may have led to or may lead to, unacceptable
34
risks to food security for such people;
35
Licensing of community stores Schedule 6
Amendment of Acts Part 1
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 69
(d) any discussions of the kind referred to in paragraph
1
123A(1)(b);
2
(e) any other matter that the Minister considers relevant.
3
54 Paragraph 125(1)(b)
4
Omit ", transfer".
5
55 Subsection 125(2)
6
Omit all the words after "matters" (first occurring), substitute "relating
7
to food security to be assessable matters for the purposes of paragraph
8
93(1)(h)".
9
56 Subsections 125(3) and (4)
10
Omit ", transfer".
11
57 Section 126
12
Repeal the section.
13
58 At the end of Division 6 of Part 7
14
Add:
15
127A Review of decisions
16
An application may be made to the Administrative Appeals
17
Tribunal for review of the following decisions of the Secretary:
18
(a) a decision under section 95A that a community store licence
19
is required in relation to a community store;
20
(b) a decision under section 97 to refuse to grant a community
21
store licence;
22
(c) a decision under section 106 or 111 to revoke a community
23
store licence;
24
(d) a decision under section 107 to refuse to vary a community
25
store licence;
26
(e) a decision under section 107 to vary a community store
27
licence on the Secretary's own initiative.
28
Social Security (Administration) Act 1999
29
59 At the end of subsection 123YE(2)
30
Schedule 6 Licensing of community stores
Part 1 Amendment of Acts
70 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
Add:
1
Note:
The Secretary must take reasonable steps to ensure a stored value card
2
given under this section cannot be used to acquire goods or services
3
from a community store during any period when, under the Northern
4
Territory National Emergency Response Act 2007, the community
5
store is not eligible to participate in the income management regime
6
(see subsection 113(2) of that Act).
7
60 At the end of subsection 123YF(2)
8
Add:
9
Note:
The Secretary must take reasonable steps to ensure a stored value card
10
given under this section cannot be used to acquire goods or services
11
from a community store during any period when, under the Northern
12
Territory National Emergency Response Act 2007, the community
13
store is not eligible to participate in the income management regime
14
(see subsection 113(2) of that Act).
15
61 At the end of subsection 123YI(2)
16
Add:
17
Note:
The Secretary must not make a payment under this section to the
18
owner or manager of a community store during any period when,
19
under the Northern Territory National Emergency Response Act 2007,
20
the community store is not eligible to participate in the income
21
management regime (see subsection 113(3) of that Act).
22
62 At the end of subsection 123YJ(2)
23
Add:
24
Note:
The Secretary must not make a payment under this section to the
25
owner or manager of a community store during any period when,
26
under the Northern Territory National Emergency Response Act 2007,
27
the community store is not eligible to participate in the income
28
management regime (see subsection 113(3) of that Act).
29
63 At the end of subsection 123ZH(2)
30
Add:
31
Note:
The Secretary must give a notice under this section to the owner or
32
manager of a community store if an amount was paid to the manager
33
or owner under section 123YI or 123YJ of this Act before the
34
beginning of a period when, under the Northern Territory National
35
Emergency Response Act 2007, the community store is not eligible to
36
participate in the income management regime (see subsection 113(4)
37
of that Act).
38
39
Licensing of community stores Schedule 6
Transitional provisions Part 2
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 71
Part 2--Transitional provisions
1
64 Application of Part
2
This Part applies to a community store licence (the preserved licence)
3
that is in effect on commencement.
4
65 Preserved licences continue under the new law
5
(1)
The preserved licence is taken, on and from commencement, to have
6
been granted under section 97 of the new law.
7
(2)
If, before commencement:
8
(a) an application was made for a variation of the preserved
9
licence under section 107 of the old law; or
10
(b) notice of a proposed variation or revocation of the preserved
11
licence was given under section 108 of the old law;
12
the old law continues to apply after commencement, in relation to that
13
variation or revocation, as if the amendments and repeals made by
14
Part 1 of this Schedule had not happened.
15
(3)
If the preserved licence does not cease to be in effect during the period
16
of 12 months beginning on commencement (whether because of
17
subitem 66(5) or otherwise under the new law), the preserved licence
18
ceases to be in effect at the end of that period.
19
66 Preserved licences held by a person other than the owner
20
(1)
This item applies if the preserved licence is held by a person who is not
21
the owner of the community store.
22
(2)
The owner of the community store, or a person acting on the owner's
23
behalf, may apply for a community store licence under subsection 96(1)
24
of the new law.
25
(3)
The Secretary may consider under section 95A of the new law whether
26
a community store licence is required to be held by the owner of the
27
community store.
28
(4)
The Secretary may, on the Secretary's own initiative, grant a licence to
29
the owner of the community store under subsection 97(2) of the new
30
law.
31
Schedule 6 Licensing of community stores
Part 2 Transitional provisions
72 Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009 No. , 2009
(5)
If a community store licence (the new licence) is granted under
1
section 97 of the new law to the owner of the community store, the
2
preserved licence ceases to be in effect when the new licence takes
3
effect.
4
67 Definitions
5
In this Part:
6
commencement means the commencement of this item.
7
new law means the Northern Territory National Emergency Response
8
Act 2007 as in force immediately after the commencement of this item.
9
old law means the Northern Territory National Emergency Response
10
Act 2007 as in force immediately before the commencement of this
11
item.
12
13
Powers of Australian Crime Commission Schedule 7
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial
Discrimination Act) Bill 2009 No. , 2009 73
Schedule 7--Powers of Australian Crime
1
Commission
2
3
Australian Crime Commission Act 2002
4
1 Subsection 4(1) (definition of Indigenous violence or child
5
abuse)
6
Repeal the definition, substitute:
7
Indigenous violence or child abuse means serious violence or
8
child abuse committed against an Indigenous person.
9
2 Application
10
The amendment made by item 1 applies in relation to an ACC
11
operation/investigation begun on or after the commencement of this
12
item.
13

 


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