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SOCIAL SERVICES LEGISLATION AMENDMENT (CASHLESS DEBIT CARD TRIAL EXPANSION) ACT 2018 (NO. 110, 2018) - SCHEDULE 1

Amendments commencing later

Part 1 -- Main amendments

Social Security (Administration) Act 1999

Subsection 124PD(1)

Insert:

"Bundaberg and Hervey Bay area " means the area within the boundaries of the Division (within the meaning of the Commonwealth Electoral Act 1918 ) of Hinkler, as those boundaries were in force on 31 May 2018.

Subsection 124PD(1) (after paragraph (c) of the definition of trial area )

Insert:

                     (d)  the Bundaberg and Hervey Bay area;

Subsection 124PD(1) (definition of trial participant )

Omit "124PGB", substitute "124PGC".

7  Paragraph 124PF(1)(b)

Repeal the paragraph, substitute:

                     (b)  ending on:

                              (i)  except in relation to the Bundaberg and Hervey Bay area--30 June 2019; or

                             (ii)  in relation to the Bundaberg and Hervey Bay area--30 June 2020.

Subsection 124PF(3)

Omit "10,000", substitute "15,000".

10  At the end of Subdivision A of Division 2 of Part 3D

Add:

124PGC   Trial participants--Bundaberg and Hervey Bay area

             (1)  A person is a trial participant if:

                     (a)  the person's usual place of residence is, becomes or was within the Bundaberg and Hervey Bay area; and

                     (b)  the person is receiving newstart allowance, youth allowance (where neither section 540AA of the 1991 Act (about new apprentices) nor paragraph 541(1)(a) of the 1991 Act (about full-time study) applies) or parenting payment; and

                     (c)  the person is under 35 years of age on the day this section commences and the person has not turned 36 years of age; and

                     (d)  the person does not have a Part 3B payment nominee (within the meaning of Part 3B); and

                     (e)  the person is not covered by a determination under subsection 43(3A); and

                      (f)  the person is not subject to the income management regime under section 123UC, 123UCB, 123UCC or 123UF; and

                     (g)  subsection (3) does not apply to the person; and

                     (h)  the person is not covered by a determination under subsection (4).

             (2)  To avoid doubt, if a person's usual place of residence becomes within the Bundaberg and Hervey Bay area and subsection (1) applies to the person, the person is a trial participant on and after the day that the person's usual place of residence becomes within that area.

             (3)  This subsection applies to a person if:

                     (a)  the person is undertaking full-time study (as defined by section 541B of the 1991 Act); and

                     (b)  while undertaking that study, the person is living outside the Bundaberg and Hervey Bay area.

             (4)  The Secretary must determine that a person is not a trial participant under this section if the Secretary is satisfied that being a trial participant under this section would pose a serious risk to the person's mental, physical or emotional wellbeing.

             (5)  The Secretary is not required to inquire into whether a person being a trial participant under this section would pose a serious risk to the person's mental, physical or emotional wellbeing.

             (6)  A determination under subsection (4) is not a legislative instrument.

11  Paragraph 124PH(1)(b)

After "area", insert "(except the Bundaberg and Hervey Bay area)".

12  Application provision

Section 124PGC of the Social Security (Administration) Act 1999 , as added by this Part, applies in relation to a person whose usual place of residence:

                     (a)  is, on the day this item commences, within the Bundaberg and Hervey Bay area; or

                     (b)  becomes, on or after the day this item commences, within the Bundaberg and Hervey Bay area.

Note:       That section may continue to apply to the person if the person's usual place of residence after the commencement of this item ceases to be in the Bundaberg and Hervey Bay area.

15A  After section 124PR

Insert:

124PS   Evaluation of trial review

             (1)  If the Minister or the Secretary causes a review of the trial of the cashless welfare arrangements mentioned in section 124PF to be conducted, the Minister must cause the review to be evaluated.

             (2)  The evaluation must:

                     (a)  be completed within 6 months from the time the Minister receives the review report; and

                     (b)  be conducted by an independent evaluation expert with significant expertise in the social and economic aspects of welfare policy.

             (3)  The independent expert must:

                     (a)  consult trial participants; and

                     (b)  make recommendations as to:

                              (i)  whether cashless welfare arrangements are effective; and

                             (ii)  whether such arrangements should be implemented outside of a trial area.

             (4)  The Minister must cause a writt en report about the evaluation to be prepared.

             (5)  The Minister must cause a copy of the report to be laid before each House of Parliament within 15 days after the completion of the report.

Part 2 -- Contingent amendments

Division 1--Amendments that may not commence at all

Social Security (Administration) Act 1999

17  Paragraph 124PM(a)

Repeal the paragraph, substitute:

                     (a)  may use the restricted portion of the payment, as paid under subsection 124PL(2), to obtain goods or services, other than:

                              (i)  alcoholic beverages; or

                             (ii)  gambling; or

                            (iii)  a cash-like product that could be used to obtain alcoholic beverages or gambling; and

18  At the end of section 124PM

Add:

Note:          For cash-like product , see section 124PQA.

19  Application provision

The amendments of section 124PM of the Social Security (Administration) Act 1999 made by this Division apply in relation to the use, on or after the commencement of this item, of the restricted portion of a restrictable payment, whether the payment was made before, on or after that commencement.

Division 2--Other amendments

Social Security (Administration) Act 1999

20  Section 124PM

Repeal the section, substitute:

124PM   Recipient's use of funds from restrictable payments

                   A person who receives a restrictable payment may use the restricted portion of the payment, as paid under subsection 124PL(2), to obtain goods or services, other than:

                     (a)  alcoholic beverages; or

                     (b)  gambling; or

                     (c)  a cash-like product that could be used to obtain alcoholic beverages or gambling.

Note:          For cash-like product , see section 124PQA.

21  Application provision

The repeal and substitution of section 124PM of the Social Security (Administration) Act 1999 made by this Division applies in relation to the use, on or after the commencement of this item, of the restricted portion of a restrictable payment, whether the payment was made before, on or after that commencement.

Part 3 -- Other amendments

Social Security (Administration) Act 1999

22  Paragraph 124PGC(1)(b)

Omit "newstart allowance", substitute "jobseeker payment".

 

 

 



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