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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(Drug Testing Trial) Bill 2018
No. , 2018
(Social Services)
A Bill for an Act to amend the law relating to social
security, and for related purposes
No. , 2018
Social Services Legislation Amendment (Drug Testing Trial) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Amendments
4
Part 1--Amendments commencing first
4
Division 1--Main amendments
4
Social Security Act 1991
4
Social Security (Administration) Act 1999
12
Division 2--Consequential amendments
18
Farm Household Support Act 2014
18
Part 2--Amendments with contingent commencements
19
Division 1--Amendments relating to jobseeker payment
19
Farm Household Support Act 2014
19
Social Security Act 1991
19
Social Security (Administration) Act 1999
20
Division 2--Amendments relating to targeted compliance framework
20
Social Security (Administration) Act 1999
20
No. , 2018
Social Services Legislation Amendment (Drug Testing Trial) Bill 2018
1
A Bill for an Act to amend the law relating to social
1
security, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Social Services Legislation Amendment (Drug
5
Testing Trial) Act 2018.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Social Services Legislation Amendment (Drug Testing Trial) Bill 2018
No. , 2018
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
The first 1 January, 1 April, 1 July or
1 October to occur after the end of the
period of 2 months beginning on the day this
Act receives the Royal Assent.
3. Schedule 1,
Part 2, Division 1
At the same time as Part 1 of Schedule 1 to
the Social Services Legislation Amendment
(Welfare Reform) Act 2018 commences.
However, the provisions do not commence
at all if that Schedule does not commence.
4. Schedule 1,
Part 2, Division 2
The later of:
(a) the start of the first 1 January, 1 April,
1 July or 1 October to occur after the end
of the period of 2 months beginning on
the day this Act receives the Royal
Assent; and
(b) immediately after the commencement of
Schedule 15 to the Social Services
Legislation Amendment (Welfare
Reform) Act 2018.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
No. , 2018
Social Services Legislation Amendment (Drug Testing Trial) Bill 2018
3
3 Schedules
1
Legislation that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Schedule 1 Amendments
Part 1 Amendments commencing first
4
Social Services Legislation Amendment (Drug Testing Trial) Bill 2018
No. , 2018
Schedule 1--Amendments
1
Part 1--Amendments commencing first
2
Division 1
--Main amendments
3
Social Security Act 1991
4
1 Subsection 23(1)
5
Insert:
6
drug test, in relation to a person, means a test that:
7
(a) is carried out:
8
(i) directly or indirectly under a contract with the
9
Commonwealth for the carrying out of the test; and
10
(ii) in accordance with applicable provisions (if any) of the
11
drug test rules; and
12
(b) is for the presence of a testable drug in a sample taken in the
13
drug test trial period from the person's saliva, urine or hair.
14
drug test rules means rules made under section 38FA.
15
drug test trial area means any of the following:
16
(a) the part of New South Wales that was the area named
17
Canterbury-Bankstown for the purposes of the Local
18
Government Act 1993 (NSW), as at the start of 1 January
19
2018;
20
(b) the part of Queensland that was the local government area
21
named Logan for the purposes of the Local Government Act
22
2009 (Qld), as at the start of 1 January 2018;
23
(c) the part of Western Australia that was the district named
24
Mandurah for the purposes of the Local Government Act
25
1995 (WA), as at the start of 1 January 2018.
26
drug test trial period means the 24 months starting on the
27
commencement of this definition.
28
drug test trial pool member: a person is a drug test trial pool
29
member at a time if:
30
(a) that time is in the drug test trial period; and
31
Amendments Schedule 1
Amendments commencing first Part 1
No. , 2018
Social Services Legislation Amendment (Drug Testing Trial) Bill 2018
5
(b) at that time the person's usual place of residence is in a drug
1
test trial area; and
2
(c) at that time the person is:
3
(i) receiving newstart allowance; or
4
(ii) receiving youth allowance otherwise than on the basis
5
that the person is a new apprentice or undertaking
6
full-time study;
7
as a result of a claim made in the drug test trial period; and
8
(d) if the claim was for youth allowance--the claim was not
9
based on the person being a new apprentice or undertaking
10
full-time study.
11
positive drug test for a person means an indication by a drug test
12
that a testable drug was present in a sample of the person's saliva,
13
urine or hair given by the person in compliance with a requirement
14
notified to the person under paragraph 63(4)(c) of the
15
Administration Act.
16
testable drug means:
17
(a) methamphetamine; or
18
(b) methylenedioxy-methamphetamine; or
19
(c) tetrahydrocannabinol; or
20
(d) opioids; or
21
(e) another substance prescribed by the drug test rules for the
22
purposes of this definition.
23
2 Subsection 23(1) (after paragraph (ca) of the definition of
24
waiting period)
25
Insert:
26
(cb) a drug test refusal waiting period under sections 623C and
27
623D; or
28
3 At the end of Part 1.3
29
Add:
30
38FA Drug test rules
31
The Minister may, by legislative instrument, make rules (the drug
32
test rules) providing for and in relation to the following:
33
Schedule 1 Amendments
Part 1 Amendments commencing first
6
Social Services Legislation Amendment (Drug Testing Trial) Bill 2018
No. , 2018
(a) prescribing substances for the purposes of the definition of
1
testable drug in subsection 23(1);
2
(b) giving and taking samples of persons' saliva, urine or hair for
3
use in drug tests;
4
(c) dealing with such samples;
5
(d) carrying out drug tests;
6
(e) giving results of drug tests in certificates or other documents
7
and the evidentiary effect of those certificates or documents;
8
(f) confidentiality and disclosure of results of drug tests;
9
(g) requirements relating to contracts entered into for the
10
carrying out of drug tests;
11
(h) keeping and destroying records relating to:
12
(i) samples for use in drug tests; or
13
(ii) drug tests.
14
4 After subsection 544B(1)
15
Insert:
16
(1AA) One of the requirements of a Youth Allowance Employment
17
Pathway Plan that is in force in relation to a person must relate to
18
undertaking treatment of the person for use of drugs if:
19
(a) the person is a drug test trial pool member; and
20
(b) the person has 2 (or more) positive drug tests; and
21
(c) the person has undergone a medical, psychiatric or
22
psychological examination in compliance with a notice given
23
to the person under subsection 63(4) of the Administration
24
Act after the person has had 2 (or more) positive drug tests;
25
and
26
(d) the report of the examination given to the Secretary
27
recommends that the person undertake treatment for use of
28
drugs.
29
5 At the end of subsection 549(2)
30
Add:
31
; (c) a drug test refusal waiting period (see sections 549EA and
32
549EB).
33
6 After section 549E
34
Insert:
35
Amendments Schedule 1
Amendments commencing first Part 1
No. , 2018
Social Services Legislation Amendment (Drug Testing Trial) Bill 2018
7
549EA Drug test refusal waiting period
1
A person is subject to a drug test refusal waiting period if:
2
(a) youth allowance that was previously payable to the person is
3
cancelled under section 80 of the Administration Act because
4
the allowance is not payable under section 64 of that Act as
5
that section applies in relation to the person's
6
non-compliance with a notice requiring the person to do an
7
act described in paragraph 63(4)(c) of that Act; and
8
(b) after the non-compliance the person qualifies for youth
9
allowance otherwise than on the basis of being a new
10
apprentice or undertaking full-time study.
11
Note:
Paragraph 63(4)(c) of the Administration Act is about giving a sample
12
for a drug test.
13
549EB Length of drug test refusal waiting period
14
The drug test refusal waiting period is the 28 days starting on the
15
day of the cancellation.
16
7 After subsection 606(1)
17
Insert:
18
(1AA) One of the requirements of a Newstart Employment Pathway Plan
19
that is in force in relation to a person must relate to undertaking
20
treatment of the person for use of drugs if:
21
(a) the person is a drug test trial pool member; and
22
(b) the person has 2 (or more) positive drug tests; and
23
(c) the person has undergone a medical, psychiatric or
24
psychological examination in compliance with a notice given
25
to the person under subsection 63(4) of the Administration
26
Act after the person has had 2 (or more) positive drug tests;
27
and
28
(d) the report of the examination given to the Secretary
29
recommends that the person undertake treatment for use of
30
drugs.
31
8 At the end of Subdivision E of Division 1 of Part 2.12
32
Add:
33
Schedule 1 Amendments
Part 1 Amendments commencing first
8
Social Services Legislation Amendment (Drug Testing Trial) Bill 2018
No. , 2018
623C Drug test refusal waiting period
1
A person is subject to a drug test refusal waiting period if newstart
2
allowance that was previously payable to the person is cancelled
3
under section 80 of the Administration Act because the allowance
4
is not payable under section 64 of that Act as that section applies in
5
relation to the person's non-compliance with a notice requiring the
6
person to do an act described in paragraph 63(4)(c) of that Act.
7
Note:
Paragraph 63(4)(c) of the Administration Act is about giving a sample
8
for a drug test.
9
623D Duration of drug test refusal waiting period
10
The drug test refusal waiting period is the 28 days starting on the
11
day of the cancellation.
12
9 Point 1067G-A1 (method statement, step 14, after
13
paragraph (b))
14
Insert:
15
(ba)
if there is any amount remaining, subtracting from
16
that amount any drug test repayment deduction
17
(see Part 3.16C); and
18
10 Point 1068-A1 (method statement, step 7, after
19
paragraph (b))
20
Insert:
21
(ba)
if there is any amount remaining, subtracting from
22
that amount any drug test repayment deduction
23
(see Part 3.16C); and
24
11 After Part 3.16B
25
Insert:
26
Amendments Schedule 1
Amendments commencing first Part 1
No. , 2018
Social Services Legislation Amendment (Drug Testing Trial) Bill 2018
9
Part 3.16C--Drug test repayment deductions
1
2
1206XA Drug test repayment deduction
3
Drug test repayment deduction to be made if person has drug test
4
repayment deficit
5
(1) A drug test repayment deduction is to be made from the rate of
6
newstart allowance that is payable to a person, or of youth
7
allowance that is payable to a person who is not a new apprentice
8
and is not undertaking full-time study, if the person has a drug test
9
repayment deficit.
10
When person has drug test repayment deficit
11
(2) A person has a drug test repayment deficit at a time if the sum of
12
all the drug test repayment amounts that arose for the person before
13
that time exceeds the sum of the amounts by which instalments of
14
social security benefit paid to the person before that time have been
15
properly reduced by the making of drug test repayment deductions.
16
Amount of drug test repayment deficit
17
(3) The amount of the deficit is the amount of the excess.
18
Drug test repayment amount
19
(4) A drug test repayment amount arises for a person for each positive
20
drug test for the person, except a positive drug test resulting from a
21
drug test that:
22
(a) was not carried out at the request of the person; and
23
(b) used a sample given by the person under the requirement
24
notified to the person in the first notice under
25
paragraph 63(4)(c) of the Administration Act that the person
26
complied with.
27
(5) However, a drug test repayment amount is taken not to have arisen
28
for a person from a positive drug test if the contractor who carried
29
out the test gives written notice to the Secretary that the test should
30
not be taken into account for the purposes of this Part.
31
Schedule 1 Amendments
Part 1 Amendments commencing first
10
Social Services Legislation Amendment (Drug Testing Trial) Bill 2018
No. , 2018
Amount of drug test repayment amount
1
(6) The amount of a drug test repayment amount is the amount
2
prescribed by legislative instrument under subsection (7).
3
(7) The Secretary may make a legislative instrument for the purposes
4
of subsection (6). In doing so, the Secretary must have regard to
5
the lowest cost to the Commonwealth of any drug test that could be
6
carried out at the time the legislative instrument is to commence.
7
1206XB Amount of drug test repayment deduction--basic
8
calculation
9
(1) The amount of a drug test repayment deduction is the percentage,
10
worked out in accordance with subsection (3), and section 1206XC
11
or 1206XD (if relevant), of:
12
(a) for a deduction from the rate of newstart allowance payable
13
to a person--the person's rate of benefit worked out under
14
step 7 of the method statement in point 1068-A1,
15
disregarding paragraphs (ba) and (c) of that step; or
16
(b) for a deduction from the rate of youth allowance payable to a
17
person--the person's rate of allowance worked out under
18
step 14 of the method statement in point 1067G-A1,
19
disregarding paragraphs (ba) and (c) of that step.
20
(2) Subsection (1) has effect subject to section 1206XE.
21
Percentage
22
(3) For the purposes of subsection (1), the percentage is the percentage
23
prescribed by legislative instrument under subsection (4). This
24
subsection has effect subject to sections 1206XC and 1206XD.
25
(4) The Secretary may make a legislative instrument for the purposes
26
of subsection (3). The instrument must not prescribe a percentage
27
greater than 10%.
28
1206XC Person may request greater percentage for drug test
29
repayment deduction
30
(1) The percentage for working out a person's drug test repayment
31
deduction is increased to a greater percentage if the person asks the
32
Secretary in writing for the percentage to be the greater percentage.
33
Amendments Schedule 1
Amendments commencing first Part 1
No. , 2018
Social Services Legislation Amendment (Drug Testing Trial) Bill 2018
11
(2) Subsection (1) does not apply if the Secretary is satisfied that the
1
person would suffer severe financial hardship if the percentage
2
were the greater percentage.
3
1206XD Reduction of percentage for drug test repayment deduction
4
in cases of severe financial hardship
5
Reduction
6
(1) The Secretary may determine that, for the period specified in the
7
determination, the percentage for working out a person's drug test
8
repayment deduction is to be a percentage (which may be nil)
9
specified in the determination that is less than the percentage that
10
would otherwise apply, if the Secretary is satisfied that:
11
(a) the person's circumstances are exceptional; and
12
(b) the person would suffer severe financial hardship if the
13
percentage that would otherwise apply were to continue to
14
apply.
15
Review of reduction
16
(2) At any time while the determination is in force, the Secretary may:
17
(a) vary the determination so as to apply a percentage greater
18
than the percentage previously applying under the
19
determination, but less than the percentage applying
20
immediately prior to the determination; or
21
(b) revoke the determination;
22
but only if the Secretary is satisfied that the person would not
23
suffer severe financial hardship because of the variation or
24
revocation.
25
1206XE The final drug test repayment deduction
26
If, apart from this section, the reduction of an instalment of the
27
person's newstart allowance or youth allowance by the making of a
28
drug test repayment deduction would be greater than the person's
29
drug test repayment deficit immediately before the payment of the
30
instalment, the drug test repayment deduction is reduced so that the
31
reduction of the instalment equals the deficit.
32
Schedule 1 Amendments
Part 1 Amendments commencing first
12
Social Services Legislation Amendment (Drug Testing Trial) Bill 2018
No. , 2018
1206XF Rounding of amounts
1
Amounts worked out under this Part must be rounded to the nearest
2
cent (rounding 0.5 cents upwards).
3
Social Security (Administration) Act 1999
4
12 After subsection 37(7)
5
Insert:
6
(7A) Despite subsections (2), (3), (6) and (7), in the drug test trial period
7
the Secretary must not determine that a claim for newstart
8
allowance or youth allowance by a potential drug test trial pool
9
member is to be granted unless the Secretary is satisfied that the
10
claimant acknowledged in the claim that the claimant could be
11
required to give samples for drug tests to be carried out in that
12
period.
13
13 Subsection 63(2)
14
Omit "referred to in paragraph (4)(a) or (b)", substitute "described in
15
paragraph (4)(a), (b) or (c)".
16
14 After subsection 63(2)
17
Insert:
18
(2A) The Secretary may also notify a person under subsection (2) that he
19
or she is required, at or within a specified time, to do an act
20
described in paragraph (2)(a) if:
21
(a) the person was, while the person was a drug test trial pool
22
member, earlier required under that subsection to do that act
23
but did not comply with that earlier requirement; and
24
(b) because of that non-compliance and subsection 64(1), the
25
social security payment the person received as such a
26
member is not payable to the person (whether or not the
27
payment is suspended).
28
To avoid doubt, the notification is taken for all purposes to be
29
under subsection (2).
30
15 After paragraph 63(4)(b)
31
Insert:
32
Amendments Schedule 1
Amendments commencing first Part 1
No. , 2018
Social Services Legislation Amendment (Drug Testing Trial) Bill 2018
13
or (c) if the person is a drug test trial pool member--give a sample
1
of a particular kind at a particular place for a drug test to be
2
carried out (at that place or elsewhere) on the sample;
3
16 After subsection 63(4)
4
Insert:
5
(4A) The Secretary must not notify a person of a requirement to do an
6
act described in paragraph (4)(c) if 5,000 other persons have given
7
samples in compliance with such requirements (whether or not any
8
of those other persons have given 2 or more samples under one or
9
more such requirements).
10
Note:
This does not prevent the Secretary from notifying a particular person
11
multiple times of such requirements, as long as fewer than 5,000 other
12
persons have given samples under such requirements.
13
(4B) The Secretary may also notify a person under subsection (4) that he
14
or she is required, at or within a specified time, to do an act or
15
thing described in paragraph (4)(b) or (c) if:
16
(a) the person was, while the person was a drug test trial pool
17
member, earlier required:
18
(i) under that subsection to do that act or thing; or
19
(ii) under subsection (2) to attend an office of the
20
Department;
21
but did not comply with that earlier requirement; and
22
(b) because of that non-compliance and subsection 64(1), the
23
social security payment the person received as such a
24
member is not payable to the person (whether or not the
25
payment is suspended).
26
To avoid doubt, the notification is taken for all purposes to be
27
under subsection (4).
28
17 After subsection 64(1)
29
Insert:
30
(1AA) A notice of a requirement to do an act described in
31
paragraph 63(4)(c) is not unreasonable for the purposes of
32
paragraph (1)(c) of this section merely because of the nature of the
33
act (even if it is not the first notice requiring the person to do such
34
an act).
35
Schedule 1 Amendments
Part 1 Amendments commencing first
14
Social Services Legislation Amendment (Drug Testing Trial) Bill 2018
No. , 2018
18 After section 64
1
Insert:
2
64A Contractual arrangements relating to drug tests
3
(1) The Secretary may, on behalf of the Commonwealth, for the
4
purposes of paragraph 63(4)(c), enter into contracts for the carrying
5
out of drug tests mentioned in that paragraph.
6
(2) A contract mentioned in subsection (1) must meet any
7
requirements prescribed by the drug test rules.
8
(3) Without limiting subsection (2), the drug test rules may require a
9
contract mentioned in subsection (1) to include provisions
10
requiring the following:
11
(a) giving the Secretary written notice of the results of the drug
12
test;
13
(b) giving notice as mentioned in paragraph 123UFAA(1A)(c) in
14
particular circumstances;
15
(c) withdrawing or revoking a notice as mentioned in
16
paragraph 123UFAA(1A)(d) in particular circumstances;
17
(d) giving notice as mentioned in subsection 1206XA(5) of the
18
1991 Act in particular circumstances;
19
(e) any subcontracts to include provisions requiring matters
20
mentioned in paragraphs (a) to (d).
21
19 Section 110A
22
Before "If:", insert "(1)".
23
20 At the end of section 110A
24
Add:
25
Suspension for drug test pool member's failure to do certain things
26
(2) Subsection (3) applies if:
27
(a) payment of social security payment to a person was
28
suspended because of subsection 64(1) applying in relation to
29
the person's non-compliance with a requirement (the earlier
30
requirement) to do an act or thing described in
31
paragraph 63(2)(a) or 63(4)(b) or (c) notified to the person
32
while he or she was a drug test pool member; and
33
Amendments Schedule 1
Amendments commencing first Part 1
No. , 2018
Social Services Legislation Amendment (Drug Testing Trial) Bill 2018
15
(b) if the earlier requirement was to do an act described in
1
paragraph 63(2)(a)--it is reasonable to expect that, had the
2
person complied with the earlier requirement, the person
3
would have been required to do an act described in
4
paragraph 63(4)(c); and
5
(c) the person complies with:
6
(i) a later requirement under subsection 63(2) or (4) to do
7
the act or thing required by the earlier requirement; and
8
(ii) if the earlier requirement was to do an act described in
9
paragraph 63(2)(a)--a later requirement to do an act
10
described in paragraph 63(4)(c); and
11
(d) a favourable determination is made under section 85
12
resuming payment of social security payment to the person.
13
(3) The favourable determination takes effect, or is taken to have taken
14
effect:
15
(a) when the person met the condition in paragraph (2)(c); or
16
(b) if the Secretary is satisfied that the person had a reasonable
17
excuse for not complying with the earlier requirement--on
18
the day on which the person was required by the earlier
19
requirement to do the act or thing concerned.
20
21 Section 123TA
21
After:
22
(ga)
an officer or employee of a recognised State/Territory
23
authority requires the person to be subject to the income
24
management regime; or
25
insert:
26
(gb)
there is a positive drug test for the person and the tester
27
tells the Secretary that the person should be subject to
28
the income management regime; or
29
22 Section 123UFAA (heading)
30
Repeal the heading, substitute:
31
Schedule 1 Amendments
Part 1 Amendments commencing first
16
Social Services Legislation Amendment (Drug Testing Trial) Bill 2018
No. , 2018
123UFAA Persons subject to the income management regime--
1
other State/Territory referrals, or positive drug tests
2
23 At the end of paragraph 123UFAA(1)(g)
3
Add "or subsection (1A) of this section".
4
24 After subsection 123UFAA(1)
5
Insert:
6
(1A) 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 an eligible recipient of a
9
category H welfare payment; and
10
(b) before the test time, there was a positive drug test for the
11
person; and
12
(c) in the 24 months, or longer period (if any) determined under
13
subsection (1B), before the test time, the contractor who
14
carried out the test gave the Secretary a written notice saying
15
that the person should be subject to the income management
16
regime under this subsection; and
17
(d) at the test time, the notice has not been withdrawn or
18
revoked; and
19
(e) at the test time, the person is not covered by a determination
20
under subsection (1C); and
21
(f) if, at the test time, the person has a Part 3B payment
22
nominee--the Part 3B payment nominee is not an excluded
23
Part 3B payment nominee; and
24
(g) at the test time, the person is not subject to the income
25
management regime under section 123UC, 123UD, 123UE or
26
123UF or subsection (1) of this section.
27
(1B) The Secretary may, by legislative instrument, determine a period
28
longer than 24 months for the purposes of paragraph (1A)(c).
29
(1C) The Secretary must determine that a person is not subject to the
30
income management regime under subsection (1A) if the Secretary
31
is satisfied that being subject to the regime under that subsection
32
poses a serious risk to the person's mental, physical or emotional
33
wellbeing.
34
Amendments Schedule 1
Amendments commencing first Part 1
No. , 2018
Social Services Legislation Amendment (Drug Testing Trial) Bill 2018
17
(1D) The Secretary is not required to inquire into whether a person
1
being subject to the income management regime under
2
subsection (1A) poses a serious risk to the person's mental,
3
physical or emotional wellbeing.
4
25 At the end of paragraph 123UFAA(2)(c)
5
Add "or (1A)".
6
26 Subdivision DAA of Division 5 of Part 3B (heading)
7
Repeal the heading, substitute:
8
Subdivision DAA--Other State/Territory referrals, or positive
9
drug tests
10
27 At the end of subsections 123XPAA(4) and 123XPAB(4)
11
Add:
12
; (d) persons having positive drug tests.
13
28 Subclause 1(1) of Schedule 1
14
Insert:
15
potential drug test trial pool member: a person is a potential drug
16
test trial pool member at a time if:
17
(a) that time is in the drug test trial period; and
18
(b) the person has, before that time and in the drug test trial
19
period, made:
20
(i) a claim for newstart allowance; or
21
(ii) a claim for youth allowance that is not based on the
22
person being a new apprentice or undertaking full-time
23
study; and
24
(c) at that time the claim has not been determined; and
25
(d) when the claim was made, the person's usual place of
26
residence was in a drug test trial area.
27
29 Subparagraph 15(b)(i) of Schedule 2
28
After "subsection 63(4)", insert "except paragraph 63(4)(c)".
29
Schedule 1 Amendments
Part 1 Amendments commencing first
18
Social Services Legislation Amendment (Drug Testing Trial) Bill 2018
No. , 2018
Division 2
--Consequential amendments
1
Farm Household Support Act 2014
2
30 After paragraph 94(n)
3
Insert:
4
(na) Part 3.16C (drug test repayment deductions);
5
31 Section 95 (after table item 1)
6
Insert:
7
1A
paragraph (c) of the definition of
drug test trial pool member in
subsection 23(1)
the words "(other than farm
household allowance)" were inserted
after "newstart allowance" and after
"youth allowance".
32 Section 99 (after table item 13)
8
Insert:
9
13A
paragraph (b) of the definition of
potential drug test trial pool
member in subclause 1(1) of
Schedule 1
the words "(other than farm
household allowance)" were inserted
after "newstart allowance" and after
"youth allowance".
Amendments Schedule 1
Amendments with contingent commencements Part 2
No. , 2018
Social Services Legislation Amendment (Drug Testing Trial) Bill 2018
19
Part 2--Amendments with contingent
1
commencements
2
Division 1
--Amendments relating to jobseeker payment
3
Farm Household Support Act 2014
4
33 Section 95 (table item 1A)
5
Omit "newstart allowance", substitute "jobseeker payment".
6
34 Section 99 (table item 13A)
7
Omit "newstart allowance", substitute "jobseeker payment".
8
Social Security Act 1991
9
35 Subsection 23(1) (subparagraph (c)(i) of the definition of
10
drug test trial pool member)
11
Omit "newstart allowance", substitute "jobseeker payment".
12
36 Subsection 606(1AA)
13
Omit "Newstart", substitute "Jobseeker".
14
37 Section 623C
15
Omit "newstart allowance", substitute "jobseeker payment".
16
38 Section 623C
17
Omit "the allowance", substitute "the payment".
18
39 Subsection 1206XA(1)
19
Omit "newstart allowance", substitute "jobseeker payment".
20
40 Paragraph 1206XB(1)(a)
21
Omit "newstart allowance", substitute "jobseeker payment".
22
41 Section 1206XE
23
Omit "newstart allowance", substitute "jobseeker payment".
24
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Part 2 Amendments with contingent commencements
20
Social Services Legislation Amendment (Drug Testing Trial) Bill 2018
No. , 2018
Social Security (Administration) Act 1999
1
42 Subsection 37(7A)
2
Omit "newstart allowance", substitute "jobseeker payment".
3
43 Subclause 1(1) of Schedule 1 (subparagraph (b)(i) of the
4
definition of potential drug test trial pool member)
5
Omit "newstart allowance", substitute "jobseeker payment".
6
44 Transitional provisions
7
Drug test refusal waiting periods
8
(1)
If, immediately before the commencement of this item, a person was
9
subject to a drug test refusal waiting period under section 623C of the
10
Social Security Act 1991 in relation to newstart allowance, then, on and
11
after that commencement, the person is taken to be subject to that
12
period in relation to jobseeker payment.
13
Drug test repayment deficits
14
(2)
If, immediately before the commencement of this item, a person had a
15
drug test repayment deficit, then, on and after that commencement,
16
section 1206XA of the Social Security Act 1991 applies in relation to
17
that person as if a reference in subsection (2) of that section to a social
18
security benefit included a reference to newstart allowance.
19
Division 2
--Amendments relating to targeted compliance
20
framework
21
Social Security (Administration) Act 1999
22
45 Paragraph 42AC(1)(a)
23
Repeal the paragraph, substitute:
24
(a) the person fails to comply with a requirement that was
25
notified to the person under subsection 63(2) or (4), except:
26
(i) a requirement notified under subsection 63(2) in relation
27
to which it is reasonable to expect that, if the person
28
were to comply with the requirement, the person would
29
Amendments Schedule 1
Amendments with contingent commencements Part 2
No. , 2018
Social Services Legislation Amendment (Drug Testing Trial) Bill 2018
21
be required to do an act described in paragraph 63(4)(c);
1
or
2
(ii) a requirement to do an act described in
3
paragraph 63(4)(c);
4
46 Subparagraph 42AC(1)(c)(i)
5
After "subsection 63(2)", insert "(except a notice containing a
6
requirement described in subparagraph (a)(i) of this subsection)".
7
47 Subsection 42AC(1) (note)
8
After "Note", insert "1".
9
48 At the end of subsection 42AC(1)
10
Add:
11
Note 2:
Paragraphs (1)(a) and (c)--paragraph 63(4)(c) relates to requirements
12
for drug test trial pool members.
13