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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
(Overseas Welfare Recipients Integrity
Program) Bill 2019
No. , 2019
(Social Services)
A Bill for an Act to amend the Social Security
(Administration) Act 1999, and for related purposes
No. , 2019
Social Services Legislation Amendment (Overseas Welfare Recipients
Integrity Program) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Proof of life certificates
3
Part 1--General amendments
3
Social Security Act 1991
3
Social Security (Administration) Act 1999
3
Part 2--Cessation of widow B pension and wife pension
9
Social Security (Administration) Act 1999
9
No. , 2019
Social Services Legislation Amendment (Overseas Welfare Recipients
Integrity Program) Bill 2019
1
A Bill for an Act to amend the Social Security
1
(Administration) Act 1999, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Social Services Legislation Amendment (Overseas
5
Welfare Recipients Integrity Program) 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 (Overseas Welfare Recipients
Integrity Program) 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
1 September 2019.
1 September
2019
3. Schedule 1,
Part 2
20 March 2020.
20 March 2020
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
Proof of life certificates Schedule 1
General amendments Part 1
No. , 2019
Social Services Legislation Amendment (Overseas Welfare Recipients
Integrity Program) Bill 2019
3
Schedule 1--Proof of life certificates
1
Part 1--General amendments
2
Social Security Act 1991
3
1 Subsection 146V(1)
4
Omit "section 85", substitute "sections 85 and 85AA".
5
2 Subsection 362A(3)
6
After "section 85", insert "or 85AA".
7
Social Security (Administration) Act 1999
8
3 Before subsection 63(3)
9
Insert:
10
Secretary may require person to provide proof of life certificate
11
etc.
12
(2AA) Subsections (2AB) and (2AC) apply to a person if:
13
(a) the person has reached 80 years of age; and
14
(b) the person is receiving any of the following social security
15
payments:
16
(i) age pension;
17
(ii) carer payment;
18
(iii) disability support pension;
19
(iv) widow B pension;
20
(v) wife pension; and
21
(c) the person was continuously absent from Australia
22
throughout the previous 2 years.
23
(2AB) The Secretary may notify a person to whom this subsection applies
24
that:
25
(a) the person is required, within the 13-week period beginning
26
when the notice is given, to give the Secretary a proof of life
27
certificate that:
28
Schedule 1 Proof of life certificates
Part 1 General amendments
4
Social Services Legislation Amendment (Overseas Welfare Recipients
Integrity Program) Bill 2019
No. , 2019
(i) relates to the person; and
1
(ii) was completed within that 13-week period; and
2
(b) the requirement does not apply if the person enters Australia
3
within that 13-week period.
4
(2AC) If this subsection applies to a person, the Secretary must notify the
5
person under subsection (2AB) at least once every 2 years.
6
4 Subsections 63(5) and (7)
7
After "subsection (2)", insert ", (2AB)".
8
5 After section 63
9
Insert:
10
63A Proof of life certificate
11
(1) For the purposes of this Act, a proof of life certificate that relates
12
to a person is a certificate that:
13
(a) is expressed to relate to the person; and
14
(b) complies with the requirements of subsections (2), (3), (4),
15
(5) and (6); and
16
(c) is in a form approved by the Secretary; and
17
(d) contains such other information (if any) as required by the
18
approved form.
19
(2) A proof of life certificate that relates to a person must include a
20
statement to the effect that the person is alive.
21
(3) The statement mentioned in subsection (2) must be:
22
(a) signed and dated by the person; or
23
(b) if:
24
(i) the approved form allows another person to sign the
25
statement on behalf of the person if one or more
26
specified requirements are met; and
27
(ii) those requirements are met;
28
signed and dated by the other person.
29
(4) A proof of life certificate that relates to a person must include a
30
statement by an authorised certifier to the effect that:
31
Proof of life certificates Schedule 1
General amendments Part 1
No. , 2019
Social Services Legislation Amendment (Overseas Welfare Recipients
Integrity Program) Bill 2019
5
(a) the authorised certifier has sighted the person while in the
1
physical presence of the person; and
2
(b) the authorised certifier has verified the identity of the person
3
using the method, or one of the methods, set out in the
4
approved form; and
5
(c) the authorised certifier is satisfied that the person is alive.
6
(5) The statement mentioned in subsection (4) must be signed and
7
dated by the authorised certifier.
8
(6) Both:
9
(a) the statement mentioned in subsection (2); and
10
(b) the statement mentioned in subsection (4);
11
must be signed and dated within a 7-day period.
12
Compliance with form
13
(7) Section 25C of the Acts Interpretation Act 1901 does not apply to a
14
proof of life certificate.
15
Authorised certifier
16
(8) For the purposes of this section, an authorised certifier is a person
17
included in a class of persons specified in a determination under
18
subsection (9).
19
(9) The Secretary may, by legislative instrument, determine one or
20
more classes of persons for the purposes of subsection (8).
21
(10) To avoid doubt, it is immaterial whether any or all of the persons
22
included in such a class are in or outside Australia.
23
6 Paragraphs 64(1)(b) and (4)(b)
24
After "subsection 63(2)", insert ", (2AB)".
25
7 Section 85 (at the end of the heading)
26
Add "--general".
27
8 After section 85
28
Insert:
29
Schedule 1 Proof of life certificates
Part 1 General amendments
6
Social Services Legislation Amendment (Overseas Welfare Recipients
Integrity Program) Bill 2019
No. , 2019
85AA Resumption of payment after cancellation or suspension--
1
provision of proof of life certificate
2
Resumption of payment after suspension
3
(1) If:
4
(a) a person's social security payment is suspended under
5
section 80; and
6
(b) the suspension is attributable to the person's failure to give
7
the Secretary a proof of life certificate in compliance with a
8
notice under subsection 63(2AB); and
9
(c) either:
10
(i) a proof of life certificate relating to the person is given
11
to the Secretary; or
12
(ii) the person enters Australia; and
13
(d) if subparagraph (c)(i) applies--the proof of life certificate
14
was completed during the 26-week period ending when the
15
certificate was given to the Secretary;
16
the Secretary must:
17
(e) under section 126, review the suspension of the person's
18
social security payment; and
19
(f) as a result of the review, determine that the social security
20
payment is payable to the person as if the payment had never
21
been suspended.
22
Resumption of payment after cancellation
23
(2) If:
24
(a) a person's social security payment is cancelled under
25
section 80; and
26
(b) the cancellation is attributable to the person's failure to give
27
the Secretary a proof of life certificate in compliance with a
28
notice under subsection 63(2AB); and
29
(c) a proof of life certificate relating to the person is given to the
30
Secretary; and
31
(d) the proof of life certificate was completed during the
32
12-month period ending when the certificate was given to the
33
Secretary;
34
the Secretary may:
35
Proof of life certificates Schedule 1
General amendments Part 1
No. , 2019
Social Services Legislation Amendment (Overseas Welfare Recipients
Integrity Program) Bill 2019
7
(e) under section 126, review the cancellation of the person's
1
social security payment; and
2
(f) as a result of the review, determine that the social security
3
payment is payable to the person as if the payment had never
4
been cancelled.
5
Resumption of wife pension
6
(3) If:
7
(a) a person's wife pension is suspended under section 80; and
8
(b) the suspension is attributable to the failure of the person's
9
partner to give the Secretary a proof of life certificate in
10
compliance with a notice under subsection 63(2AB); and
11
(c) either:
12
(i) a proof of life certificate relating to the person's partner
13
is given to the Secretary; or
14
(ii) the person's partner enters Australia; and
15
(d) if subparagraph (c)(i) applies--the proof of life certificate
16
was completed during the 26-week period ending when the
17
certificate was given to the Secretary;
18
the Secretary must:
19
(e) under section 126, review the suspension of the person's wife
20
pension; and
21
(f) as a result of the review, determine that the wife pension is
22
payable to the person as if the wife pension had never been
23
suspended.
24
(4) If:
25
(a) a person's wife pension is cancelled under section 80; and
26
(b) the cancellation is attributable to the failure of the person's
27
partner to give the Secretary a proof of life certificate in
28
compliance with a notice under subsection 63(2AB); and
29
(c) a proof of life certificate relating to the person's partner is
30
given to the Secretary; and
31
(d) the proof of life certificate was completed during the
32
12-month period ending when the certificate was given to the
33
Secretary; and
34
Schedule 1 Proof of life certificates
Part 1 General amendments
8
Social Services Legislation Amendment (Overseas Welfare Recipients
Integrity Program) Bill 2019
No. , 2019
(e) as a result of the giving of the proof of life certificate, the
1
Secretary makes a determination under subsection (2) that a
2
social security payment is payable to the person's partner;
3
the Secretary must:
4
(f) under section 126, review the cancellation of the person's
5
wife pension; and
6
(g) as a result of the review, determine that the wife pension is
7
payable to the person as if the wife pension had never been
8
cancelled.
9
9 Subdivision B of Division 9 of Part 3 (heading)
10
Before "or 85A", insert ", 85AA".
11
10 Section 108 (definition of favourable determination)
12
Before "or 85A", insert ", 85AA".
13
11 Subclause 1(1) of Schedule 1
14
Insert:
15
proof of life certificate has the meaning given by section 63A.
16
Proof of life certificates Schedule 1
Cessation of widow B pension and wife pension Part 2
No. , 2019
Social Services Legislation Amendment (Overseas Welfare Recipients
Integrity Program) Bill 2019
9
Part 2--Cessation of widow B pension and wife
1
pension
2
Social Security (Administration) Act 1999
3
12 At the end of subparagraph 63(2AA)(b)(iii)
4
Add "and".
5
13 Subparagraphs 63(2AA)(b)(iv) and (v)
6
Repeal the subparagraphs.
7
14 Subsections 85AA(3) and (4)
8
Repeal the subsections.
9
10