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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(Drug Testing Trial) Bill 2019
No. , 2019
(Social Services)
A Bill for an Act to amend the law relating to social
security, and for related purposes
No. , 2019
Social Services Legislation Amendment (Drug Testing Trial) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Amendments commencing first
3
Division 1--Main amendments
3
Social Security Act 1991
3
Social Security (Administration) Act 1999
11
Division 2--Consequential amendments
17
Farm Household Support Act 2014
17
Part 2--Amendments commencing later relating to jobseeker
payment
19
Farm Household Support Act 2014
19
Social Security Act 1991
19
Social Security (Administration) Act 1999
20
No. , 2019
Social Services Legislation Amendment (Drug Testing Trial) Bill 2019
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 2019.
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 2019
No. , 2019
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
The later of:
(a) the start of 20 March 2020; and
(b) immediately after the commencement of
the provisions covered by table item 2.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Amendments commencing first Part 1
No. , 2019
Social Services Legislation Amendment (Drug Testing Trial) Bill 2019
3
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
Schedule 1 Amendments
Part 1 Amendments commencing first
4
Social Services Legislation Amendment (Drug Testing Trial) Bill 2019
No. , 2019
(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) heroin; or
21
(e) cocaine; or
22
(f) another substance prescribed by the drug test rules for the
23
purposes of this definition.
24
2 Subsection 23(1) (after paragraph (ca) of the definition of
25
waiting period)
26
Insert:
27
(cb) a drug test refusal waiting period under sections 623C and
28
623D; or
29
3 At the end of Part 1.3
30
Add:
31
38FA Drug test rules
32
The Minister may, by legislative instrument, make rules (the drug
33
test rules) providing for and in relation to the following:
34
Amendments Schedule 1
Amendments commencing first Part 1
No. , 2019
Social Services Legislation Amendment (Drug Testing Trial) Bill 2019
5
(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
Schedule 1 Amendments
Part 1 Amendments commencing first
6
Social Services Legislation Amendment (Drug Testing Trial) Bill 2019
No. , 2019
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
Amendments Schedule 1
Amendments commencing first Part 1
No. , 2019
Social Services Legislation Amendment (Drug Testing Trial) Bill 2019
7
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
Schedule 1 Amendments
Part 1 Amendments commencing first
8
Social Services Legislation Amendment (Drug Testing Trial) Bill 2019
No. , 2019
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 that results from a drug test that was
21
carried out at the request of the person.
22
(5) However, a drug test repayment amount is taken not to have arisen
23
for a person from a positive drug test if the contractor who carried
24
out the test gives written notice to the Secretary that the test should
25
not be taken into account for the purposes of this Part.
26
Amount of drug test repayment amount
27
(6) The amount of a drug test repayment amount is the amount
28
prescribed by legislative instrument under subsection (7).
29
(7) The Secretary may make a legislative instrument for the purposes
30
of subsection (6). In doing so, the Secretary must have regard to
31
Amendments Schedule 1
Amendments commencing first Part 1
No. , 2019
Social Services Legislation Amendment (Drug Testing Trial) Bill 2019
9
the lowest cost to the Commonwealth of any drug test that could be
1
carried out at the time the legislative instrument is to commence.
2
1206XB Amount of drug test repayment deduction--basic
3
calculation
4
(1) The amount of a drug test repayment deduction is the percentage,
5
worked out in accordance with subsection (3), and section 1206XC
6
or 1206XD (if relevant), of:
7
(a) for a deduction from the rate of newstart allowance payable
8
to a person--the person's rate of benefit worked out under
9
step 7 of the method statement in point 1068-A1,
10
disregarding paragraphs (ba) and (c) of that step; or
11
(b) for a deduction from the rate of youth allowance payable to a
12
person--the person's rate of allowance worked out under
13
step 14 of the method statement in point 1067G-A1,
14
disregarding paragraphs (ba) and (c) of that step.
15
(2) Subsection (1) has effect subject to section 1206XE.
16
Percentage
17
(3) For the purposes of subsection (1), the percentage is the percentage
18
prescribed by legislative instrument under subsection (4). This
19
subsection has effect subject to sections 1206XC and 1206XD.
20
(4) The Secretary may make a legislative instrument for the purposes
21
of subsection (3). The instrument must not prescribe a percentage
22
greater than 10%.
23
1206XC Person may request greater percentage for drug test
24
repayment deduction
25
(1) The percentage for working out a person's drug test repayment
26
deduction is increased to a greater percentage if the person asks the
27
Secretary in writing for the percentage to be the greater percentage.
28
(2) Subsection (1) does not apply if the Secretary is satisfied that the
29
person would suffer severe financial hardship if the percentage
30
were the greater percentage.
31
Schedule 1 Amendments
Part 1 Amendments commencing first
10
Social Services Legislation Amendment (Drug Testing Trial) Bill 2019
No. , 2019
1206XD Reduction of percentage for drug test repayment deduction
1
in cases of severe financial hardship
2
Reduction
3
(1) The Secretary may determine that, for the period specified in the
4
determination, the percentage for working out a person's drug test
5
repayment deduction is to be a percentage (which may be nil)
6
specified in the determination that is less than the percentage that
7
would otherwise apply, if the Secretary is satisfied that:
8
(a) the person's circumstances are exceptional; and
9
(b) the person would suffer severe financial hardship if the
10
percentage that would otherwise apply were to continue to
11
apply.
12
Review of reduction
13
(2) At any time while the determination is in force, the Secretary may:
14
(a) vary the determination so as to apply a percentage greater
15
than the percentage previously applying under the
16
determination, but less than the percentage applying
17
immediately prior to the determination; or
18
(b) revoke the determination;
19
but only if the Secretary is satisfied that the person would not
20
suffer severe financial hardship because of the variation or
21
revocation.
22
1206XE The final drug test repayment deduction
23
If, apart from this section, the reduction of an instalment of the
24
person's newstart allowance or youth allowance by the making of a
25
drug test repayment deduction would be greater than the person's
26
drug test repayment deficit immediately before the payment of the
27
instalment, the drug test repayment deduction is reduced so that the
28
reduction of the instalment equals the deficit.
29
1206XF Rounding of amounts
30
Amounts worked out under this Part must be rounded to the nearest
31
cent (rounding 0.5 cents upwards).
32
Amendments Schedule 1
Amendments commencing first Part 1
No. , 2019
Social Services Legislation Amendment (Drug Testing Trial) Bill 2019
11
Social Security (Administration) Act 1999
1
12 After subsection 37(7)
2
Insert:
3
(7A) Despite subsections (2), (3), (6) and (7), in the drug test trial period
4
the Secretary must not determine that a claim for newstart
5
allowance or youth allowance by a potential drug test trial pool
6
member is to be granted unless the Secretary is satisfied that the
7
claimant acknowledged in the claim that the claimant could be
8
required to give samples for drug tests to be carried out in that
9
period.
10
13 Paragraph 42AC(1)(a)
11
Repeal the paragraph, substitute:
12
(a) the person fails to comply with a requirement that was
13
notified to the person under subsection 63(2) or (4), except:
14
(i) a requirement notified under subsection 63(2) in relation
15
to which it is reasonable to expect that, if the person
16
were to comply with the requirement, the person would
17
be required to do an act described in paragraph 63(4)(c);
18
or
19
(ii) a requirement to do an act described in
20
paragraph 63(4)(c);
21
14 Subparagraph 42AC(1)(c)(i)
22
After "subsection 63(2)", insert "(except a notice containing a
23
requirement described in subparagraph (a)(i) of this subsection)".
24
15 Subsection 42AC(1) (note)
25
After "Note", insert "1".
26
16 At the end of subsection 42AC(1)
27
Add:
28
Note 2:
Paragraphs (1)(a) and (c)--paragraph 63(4)(c) relates to requirements
29
for drug test trial pool members.
30
Schedule 1 Amendments
Part 1 Amendments commencing first
12
Social Services Legislation Amendment (Drug Testing Trial) Bill 2019
No. , 2019
17 Subsection 63(2)
1
Omit "referred to in paragraph (4)(a) or (b)", substitute "described in
2
paragraph (4)(a), (b) or (c)".
3
18 After subsection 63(2)
4
Insert:
5
(2A) The Secretary may also notify a person under subsection (2) that he
6
or she is required, at or within a specified time, to do an act
7
described in paragraph (2)(a) if:
8
(a) the person was, while the person was a drug test trial pool
9
member, earlier required under that subsection to do that act
10
but did not comply with that earlier requirement; and
11
(b) because of that non-compliance and subsection 64(1), the
12
social security payment the person received as such a
13
member is not payable to the person (whether or not the
14
payment is suspended).
15
To avoid doubt, the notification is taken for all purposes to be
16
under subsection (2).
17
19 After paragraph 63(4)(b)
18
Insert:
19
or (c) if the person is a drug test trial pool member--give a sample
20
of a particular kind at a particular place for a drug test to be
21
carried out (at that place or elsewhere) on the sample;
22
20 After subsection 63(4)
23
Insert:
24
(4A) The Secretary must not notify a person of a requirement to do an
25
act described in paragraph (4)(c) if 5,000 other persons have given
26
samples in compliance with such requirements (whether or not any
27
of those other persons have given 2 or more samples under one or
28
more such requirements).
29
Note:
This does not prevent the Secretary from notifying a particular person
30
multiple times of such requirements, as long as fewer than 5,000 other
31
persons have given samples under such requirements.
32
(4B) The Secretary may also notify a person under subsection (4) that he
33
or she is required, at or within a specified time, to do an act or
34
thing described in paragraph (4)(b) or (c) if:
35
Amendments Schedule 1
Amendments commencing first Part 1
No. , 2019
Social Services Legislation Amendment (Drug Testing Trial) Bill 2019
13
(a) the person was, while the person was a drug test trial pool
1
member, earlier required:
2
(i) under that subsection to do that act or thing; or
3
(ii) under subsection (2) to attend an office of the
4
Department;
5
but did not comply with that earlier requirement; and
6
(b) because of that non-compliance and subsection 64(1), the
7
social security payment the person received as such a
8
member is not payable to the person (whether or not the
9
payment is suspended).
10
To avoid doubt, the notification is taken for all purposes to be
11
under subsection (4).
12
21 After subsection 64(1)
13
Insert:
14
(1AA) A notice of a requirement to do an act described in
15
paragraph 63(4)(c) is not unreasonable for the purposes of
16
paragraph (1)(c) of this section merely because of the nature of the
17
act (even if it is not the first notice requiring the person to do such
18
an act).
19
22 After section 64
20
Insert:
21
64A Contractual arrangements relating to drug tests
22
(1) The Secretary may, on behalf of the Commonwealth, for the
23
purposes of paragraph 63(4)(c), enter into contracts for the carrying
24
out of drug tests mentioned in that paragraph.
25
(2) A contract mentioned in subsection (1) must meet any
26
requirements prescribed by the drug test rules.
27
(3) Without limiting subsection (2), the drug test rules may require a
28
contract mentioned in subsection (1) to include provisions
29
requiring the following:
30
(a) giving the Secretary written notice of the results of the drug
31
test;
32
(b) giving notice as mentioned in paragraph 123UFAA(1A)(c) in
33
particular circumstances;
34
Schedule 1 Amendments
Part 1 Amendments commencing first
14
Social Services Legislation Amendment (Drug Testing Trial) Bill 2019
No. , 2019
(c) withdrawing or revoking a notice as mentioned in
1
paragraph 123UFAA(1A)(d) in particular circumstances;
2
(d) giving notice as mentioned in subsection 1206XA(5) of the
3
1991 Act in particular circumstances;
4
(e) any subcontracts to include provisions requiring matters
5
mentioned in paragraphs (a) to (d).
6
23 Section 110A
7
Before "If:", insert "(1)".
8
24 At the end of section 110A
9
Add:
10
Suspension for drug test pool member's failure to do certain things
11
(2) Subsection (3) applies if:
12
(a) payment of social security payment to a person was
13
suspended because of subsection 64(1) applying in relation to
14
the person's non-compliance with a requirement (the earlier
15
requirement) to do an act or thing described in
16
paragraph 63(2)(a) or 63(4)(b) or (c) notified to the person
17
while he or she was a drug test pool member; and
18
(b) if the earlier requirement was to do an act described in
19
paragraph 63(2)(a)--it is reasonable to expect that, had the
20
person complied with the earlier requirement, the person
21
would have been required to do an act described in
22
paragraph 63(4)(c); and
23
(c) the person complies with:
24
(i) a later requirement under subsection 63(2) or (4) to do
25
the act or thing required by the earlier requirement; and
26
(ii) if the earlier requirement was to do an act described in
27
paragraph 63(2)(a)--a later requirement to do an act
28
described in paragraph 63(4)(c); and
29
(d) a favourable determination is made under section 85
30
resuming payment of social security payment to the person.
31
(3) The favourable determination takes effect, or is taken to have taken
32
effect:
33
(a) when the person met the condition in paragraph (2)(c); or
34
Amendments Schedule 1
Amendments commencing first Part 1
No. , 2019
Social Services Legislation Amendment (Drug Testing Trial) Bill 2019
15
(b) if the Secretary is satisfied that the person had a reasonable
1
excuse for not complying with the earlier requirement--on
2
the day on which the person was required by the earlier
3
requirement to do the act or thing concerned.
4
25 Section 123TA
5
After:
6
(ga)
an officer or employee of a recognised State/Territory
7
authority requires the person to be subject to the income
8
management regime; or
9
insert:
10
(gb)
there is a positive drug test for the person and the tester
11
tells the Secretary that the person should be subject to
12
the income management regime; or
13
26 Section 123UFAA (heading)
14
Repeal the heading, substitute:
15
123UFAA Persons subject to the income management regime--
16
other State/Territory referrals, or positive drug tests
17
27 At the end of paragraph 123UFAA(1)(g)
18
Add "or subsection (1A) of this section".
19
28 After subsection 123UFAA(1)
20
Insert:
21
(1A) For the purposes of this Part, a person is subject to the income
22
management regime at a particular time (the test time) if:
23
(a) at the test time, the person is an eligible recipient of a
24
category H welfare payment; and
25
(b) before the test time, there was a positive drug test for the
26
person; and
27
(c) in the 24 months, or longer period (if any) determined under
28
subsection (1B), before the test time, the contractor who
29
carried out the test gave the Secretary a written notice saying
30
Schedule 1 Amendments
Part 1 Amendments commencing first
16
Social Services Legislation Amendment (Drug Testing Trial) Bill 2019
No. , 2019
that the person should be subject to the income management
1
regime under this subsection; and
2
(d) at the test time, the notice has not been withdrawn or
3
revoked; and
4
(e) at the test time, the person is not covered by a determination
5
under subsection (1C); and
6
(f) if, at the test time, the person has a Part 3B payment
7
nominee--the Part 3B payment nominee is not an excluded
8
Part 3B payment nominee; and
9
(g) at the test time, the person is not subject to the income
10
management regime under section 123UC, 123UD, 123UE or
11
123UF or subsection (1) of this section.
12
(1B) The Secretary may, by legislative instrument, determine a period
13
longer than 24 months for the purposes of paragraph (1A)(c).
14
(1C) The Secretary must determine that a person is not subject to the
15
income management regime under subsection (1A) if the Secretary
16
is satisfied that being subject to the regime under that subsection
17
poses a serious risk to the person's mental, physical or emotional
18
wellbeing.
19
(1D) The Secretary is not required to inquire into whether a person
20
being subject to the income management regime under
21
subsection (1A) poses a serious risk to the person's mental,
22
physical or emotional wellbeing.
23
29 At the end of paragraph 123UFAA(2)(c)
24
Add "or (1A)".
25
30 Subdivision DAA of Division 5 of Part 3B (heading)
26
Repeal the heading, substitute:
27
Subdivision DAA--Other State/Territory referrals, or positive
28
drug tests
29
31 At the end of subsections 123XPAA(4) and 123XPAB(4)
30
Add:
31
; (d) persons having positive drug tests.
32
Amendments Schedule 1
Amendments commencing first Part 1
No. , 2019
Social Services Legislation Amendment (Drug Testing Trial) Bill 2019
17
32 Subclause 1(1) of Schedule 1
1
Insert:
2
potential drug test trial pool member: a person is a potential drug
3
test trial pool member at a time if:
4
(a) that time is in the drug test trial period; and
5
(b) the person has, before that time and in the drug test trial
6
period, made:
7
(i) a claim for newstart allowance; or
8
(ii) a claim for youth allowance that is not based on the
9
person being a new apprentice or undertaking full-time
10
study; and
11
(c) at that time the claim has not been determined; and
12
(d) when the claim was made, the person's usual place of
13
residence was in a drug test trial area.
14
33 Subparagraph 15(b)(i) of Schedule 2
15
After "subsection 63(4)", insert "except paragraph 63(4)(c)".
16
Division 2
--Consequential amendments
17
Farm Household Support Act 2014
18
34 After paragraph 94(n)
19
Insert:
20
(na) Part 3.16C (drug test repayment deductions);
21
35 Section 95 (after table item 1)
22
Insert:
23
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".
36 Section 99 (after table item 13)
24
Insert:
25
Schedule 1 Amendments
Part 1 Amendments commencing first
18
Social Services Legislation Amendment (Drug Testing Trial) Bill 2019
No. , 2019
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 commencing later relating to jobseeker payment Part 2
No. , 2019
Social Services Legislation Amendment (Drug Testing Trial) Bill 2019
19
Part 2--Amendments commencing later relating to
1
jobseeker payment
2
Farm Household Support Act 2014
3
37 Section 95 (table item 1A)
4
Omit "newstart allowance", substitute "jobseeker payment".
5
38 Section 99 (table item 13A)
6
Omit "newstart allowance", substitute "jobseeker payment".
7
Social Security Act 1991
8
39 Subsection 23(1) (subparagraph (c)(i) of the definition of
9
drug test trial pool member)
10
Omit "newstart allowance", substitute "jobseeker payment".
11
40 Subsection 606(1AA)
12
Omit "Newstart", substitute "Jobseeker".
13
41 Section 623C
14
Omit "newstart allowance", substitute "jobseeker payment".
15
42 Section 623C
16
Omit "the allowance", substitute "the payment".
17
43 Subsection 1206XA(1)
18
Omit "newstart allowance", substitute "jobseeker payment".
19
44 Paragraph 1206XB(1)(a)
20
Omit "newstart allowance", substitute "jobseeker payment".
21
45 Section 1206XE
22
Omit "newstart allowance", substitute "jobseeker payment".
23
Schedule 1 Amendments
Part 2 Amendments commencing later relating to jobseeker payment
20
Social Services Legislation Amendment (Drug Testing Trial) Bill 2019
No. , 2019
Social Security (Administration) Act 1999
1
46 Subsection 37(7A)
2
Omit "newstart allowance", substitute "jobseeker payment".
3
47 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
48 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