Social Security (Administration) Act 1999 (Cth)
This compilation is in 2 volumes
Volume 2: sections 124–257
Schedules
Endnotes
Each volume has its own contents
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act may be cited as the
Social Security (Administration) Act 1999 .
(1) Subject to subsections (2) and (3), this Act commences on 20 March 2000.
(2) This Part and section 257 commence on the day on which this Act receives the Royal Assent.
(3) Section 54 commences on 1 July 2000.
Chapter 2 of the
Criminal Code applies to all offences against this Act.
(1) Unless a contrary intention appears, an expression that is defined in Schedule 1 has in this Act the meaning given in that Schedule.
(2) Unless a contrary intention appears, an expression that is used in the 1991 Act has the same meaning, when used in this Act, as in the 1991 Act.
(5) To the extent that a provision of this Act relates to a double orphan pension, a reference in the provision to a person includes a reference to an approved care organisation.
(6) Unless a contrary intention appears, a reference in this Act (other than section 243) to this Act includes a reference to regulations made under section 243.
(1) If a provision of the social security law requires that a written notice be given to a person, it is sufficient compliance with that provision if the notice is given in a manner approved by the Secretary.
(2) Nothing in subsection (1) prevents a notice being given in accordance with section 28A of the
Acts Interpretation Act 1901 .
If the social security law provides that a determination takes effect on a day (the
earlier day ) before the day on which the determination is made, the social security law has effect as if the determination had taken effect on the earlier day.
(1) The Secretary may arrange for the use, under the Secretary’s control, of computer programs for any purposes for which the Secretary or any other officer may make decisions under the social security law.
Note: The definition of
decision in the 1991 Act applies for the purposes of this section: see subsection 3(2) of this Act. That definition covers the doing of any act or thing. This means, for example, that the doing of things under subsection 202(1) or (2) of this Act are decisions for the purposes of this section.(2) A decision made by the operation of a computer program under an arrangement made under subsection (1) is taken to be a decision made by the Secretary.
This Act extends to Norfolk Island.
The Secretary is, subject to any direction of the Minister, to have the general administration of the social security law.
In administering the social security law, the Secretary is to have regard to:
(a) the desirability of achieving the following results:
(i) the ready availability to members of the public of advice and information services relating to income support generally and to the social security payments that are available;
(ii) the ready availability of publications containing clear statements about income support entitlements and procedural requirements;
(iii) the delivery of services under the law in a fair, courteous, prompt and cost‑efficient manner;
(iv) the development of a process of monitoring and evaluating delivery of programs with an emphasis on the impact of programs on social security recipients;
(v) the establishment of procedures to ensure that abuses of the social security system are minimised; and
(b) the special needs of disadvantaged groups in the community; and
(c) the need to be responsive to the interests of the Aboriginal and Torres Strait Islander communities and to cultural and linguistic diversity; and
(d) the importance of the system of review of decisions under the social security law; and
(e) the need to ensure that social security recipients have adequate information regarding the system of review of decisions under the social security law; and
(f) the need to apply government policy in accordance with the law and with due regard to relevant decisions of the ART.
(2) The Secretary and the Employment Secretary may agree on administrative arrangements to further the objectives of Part 2.12 of the 1991 Act.
(3) Administrative arrangements agreed on under subsection (2) may provide for officers of the Employment Department to perform functions or duties, or exercise powers, under Part 2.12 of the 1991 Act.
(1) Subject to subsections (2) and (3) and Subdivision B, a person who wants to be granted:
(a) a social security payment; or
(b) a concession card;
must make a claim for the payment or card in accordance with this Division.
(2) Subsection (1) does not apply to a concession card for which a person is qualified under Division 1 of Part 2A.1 of the 1991 Act or under Subdivision A of Division 3 of that Part.
(3) Subsection (1) does not apply to a seniors health card that the Secretary must issue to a person under subsection 1061ZJA(3) or (4) of the 1991 Act.
(1) The Secretary may determine that, for the purposes of the social security law, a person is taken to have made a claim for an income support payment (the
new payment ), if:
(a) the person became qualified for the new payment while receiving another income support payment; or
(b) the person became qualified for the new payment immediately after ceasing to receive another income support payment.
(2) The person is taken to have made the claim for the new payment on the day specified in the Secretary’s determination. That day must not be earlier than:
(a) the day that is 13 weeks before the day on which the Secretary’s determination is made; or
(b) if the person became qualified for the new payment after the day referred to in paragraph (a)—the day on which the person became qualified for the new payment.
A claim is not required for one‑off payment to the aged.
A claim is not required for the following:
(a) one‑off payment to carers (carer allowance related);
(b) one‑off payment to carers (carer payment related);
(c) 2005 one‑off payment to carers (carer payment related);
(d) 2005 one‑off payment to carers (carer service pension related);
(e) 2005 one‑off payment to carers (carer allowance related);
(f) 2006 one‑off payment to carers (carer payment related);
(g) 2006 one‑off payment to carers (wife pension related);
(h) 2006 one‑off payment to carers (partner service pension related);
(i) 2006 one‑off payment to carers (carer service pension related);
(j) 2006 one‑off payment to carers (carer allowance related);
(k) 2007 one‑off payment to carers (carer payment related);
(l) 2007 one‑off payment to carers (wife pension related);
(m) 2007 one‑off payment to carers (partner service pension related);
(n) 2007 one‑off payment to carers (carer service pension related);
(o) 2007 one‑off payment to carers (carer allowance related);
(p) 2008 one‑off payment to carers (carer payment related);
(q) 2008 one‑off payment to carers (wife pension related);
(r) 2008 one‑off payment to carers (partner service pension related);
(s) 2008 one‑off payment to carers (carer service pension related);
(t) 2008 one‑off payment to carers (carer allowance related).
A claim is not required for an economic security strategy payment or training and learning bonus.
A claim is not required for a one‑off energy assistance payment under Part 2.6 of the 1991 Act.
A claim is not required for a one‑off energy assistance payment under Part 2.6A of the 1991 Act.
A claim is not required for:
(a) a first 2020 economic support payment under Division 1 of Part 2.6B of the 1991 Act; or
(b) a second 2020 economic support payment under Division 2 of Part 2.6B of the 1991 Act.
A claim is not required for:
(a) an additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act; or
(b) an additional economic support payment 2021 under Division 2 of Part 2.6C of the 1991 Act.
A claim is not required for a remote engagement program payment.
A claim is not required for a 2022 cost of living payment under Division 1 of Part 2.6D of the 1991 Act.
A claim is not required for language, literacy and numeracy supplement.
A claim is not required for utilities allowance.
A claim is not required for energy supplement under Part 2.25B of the 1991 Act.
A claim is not required for quarterly pension supplement.
A claim is not required for quarterly energy supplement.
A claim is not required for child disability assistance.
A claim is not required for carer allowance if the person qualifies for the carer allowance under section 954B.
A claim is not required for carer supplement.
A claim is not required for a relocation scholarship payment.
A claim is not required for a clean energy advance.
A claim is not required for FHA supplement or relief payment.
(1) For the purposes of the social security law, if:
(a) the Department is contacted by or on behalf of a person in relation to a claim for a social security payment; and
(aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and
(b) the person is, on the day on which the Department is contacted, qualified for the social security payment; and
(d) the person lodges a claim for the social security payment within 14 days after the Department is contacted;
the person is taken to have made a claim for the social security payment on the day on which the Department was contacted.
(2) For the purposes of the social security law, if:
(a) the Department is contacted by or on behalf of a person in relation to a claim for a social security payment, other than crisis payment or special employment advance; and
(aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and
(b) the person is, on the day on which the Department is contacted, qualified for the social security payment; and
(d) the person lodges a claim for the payment more than 14 days, but not more than 13 weeks, after the Department is contacted; and
(e) the Secretary is satisfied that:
(i) throughout the period starting on the day on which the Department was contacted and ending on the day on which the person lodged the claim, the person was suffering from a medical condition; and
(ii) that medical condition, or circumstances related to that medical condition, had a significant adverse effect on the person’s ability to lodge the claim earlier;
the person is taken to have made a claim for the social security payment on the day on which the Department was contacted.
(3) For the purposes of the social security law, if:
(a) the Department is contacted by or on behalf of a person (the
claimant ) in relation to a claim for a social security payment, other than crisis payment or special employment advance; and(aa) the claimant is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and
(b) the claimant is, on the day on which the Department is contacted, qualified for the social security payment; and
(d) the claimant lodges a claim for the payment more than 14 days, but not more than 13 weeks, after the Department is contacted; and
(e) the Secretary is satisfied that:
(i) throughout the period starting on the day on which the Department was contacted and ending on the day on which the claimant lodged the claim, the claimant was caring for, or was the partner of, another person; and
(ii) throughout that period, the other person suffered from a medical condition; and
(iii) the medical condition, or circumstances related to the medical condition, from which the other person was suffering had a significant adverse effect on the claimant’s ability to lodge the claim earlier;
the claimant is taken to have made a claim for the social security payment on the day on which the Department was contacted.
(3A) For the purposes of the social security law, if:
(a) the Department is contacted by or on behalf of a person in relation to a claim for a social security payment; and
(aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and
(b) the person is, on the day on which the Department is contacted, qualified for the social security payment; and
(d) the person lodges a claim for the social security payment more than 14 days, but not more than 13 weeks, after the Department is contacted; and
(e) the Secretary is satisfied that, in the special circumstances of the case, it was not reasonably practicable for the person to lodge the claim earlier;
the person is taken to have made a claim for the social security payment on the day on which the Department was contacted.
(4) A reference in this section to the Department being contacted includes a reference to the Department being contacted by post or telephone or by the transmission of a message by the use of fax, computer equipment or other electronic means.
(5) This section has effect subject to section 18.
(1) For the purposes of the social security law, if:
(a) the Department is contacted by or on behalf of a person in relation to a claim for a concession card; and
(aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and
(b) the person is, on the day on which the Department is contacted, qualified for the concession card; and
(d) the person lodges a claim for the concession card within 14 days after he or she contacts the Department;
the person is taken to have made a claim for the concession card on the day on which the Department was contacted.
(2) For the purposes of the social security law, if:
(a) the Department is contacted by or on behalf of a person in relation to a claim for a concession card; and
(aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and
(b) the person is, on the day on which the Department is contacted, qualified for the concession card; and
(d) the person lodges a claim for the concession card more than 14 days, but not more than 13 weeks, after the Department is contacted; and
(e) the Secretary is satisfied that:
(i) throughout the period starting on the day on which the Department was contacted and ending on the day on which the person lodged the claim, the person was suffering from a medical condition; and
(ii) that medical condition, or circumstances related to that medical condition, had a significant adverse effect on the person’s ability to lodge the claim earlier;
the person is taken to have made a claim for the concession card on the day on which the Department was contacted.
(3) For the purposes of the social security law, if:
(a) the Department is contacted by or on behalf of a person (the
claimant ) in relation to a claim for a concession card; and(aa) the claimant is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and
(b) the claimant is, on the day on which the Department is contacted, qualified for the concession card; and
(d) the claimant lodges a claim for the concession card more than 14 days, but not more than 13 weeks, after the Department is contacted; and
(e) the Secretary is satisfied that:
(i) throughout the period starting on the day on which the Department was contacted and ending on the day on which the claimant lodged the claim, the claimant was caring for, or was the partner of, another person; and
(ii) throughout that period, the other person suffered from a medical condition; and
(iii) the medical condition, or circumstances related to the medical condition, from which the other person was suffering had a significant adverse effect on the claimant’s ability to lodge the claim earlier;
the claimant is taken to have made a claim for the concession card on the day on which the Department was contacted.
(3A) For the purposes of the social security law, if:
(a) the Department is contacted by or on behalf of a person in relation to a claim for a concession card; and
(aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and
(b) the person is, on the day on which the Department is contacted, qualified for the concession card; and
(d) the person lodges a claim for the concession card more than 14 days, but not more than 13 weeks, after the Department is contacted; and
(e) the Secretary is satisfied that, in the special circumstances of the case, it was not reasonably practicable for the person to lodge the claim earlier;
the person is taken to have made a claim for the concession card on the day on which the Department was contacted.
(4) A reference in this section to the Department being contacted includes a reference to the Department being contacted by post or telephone or by the transmission of a message by the use of fax, computer equipment or other electronic means.
The Minister may, by legislative instrument, determine a class of persons for the purposes of paragraphs 13(1)(aa), (2)(aa), (3)(aa) and (3A)(aa) and 14(1)(aa), (2)(aa), (3)(aa) and (3A)(aa).
(1) For the purposes of the social security law, if:
(a) a person makes an incorrect claim; and
(b) the person subsequently makes a claim for a social security payment for which the person is qualified; and
(c) the Secretary is satisfied that it is reasonable that this subsection be applied;
the person is taken to have made a claim for that social security payment on the day on which he or she made the incorrect claim.
(2) For the purposes of this section, a claim made by a person is an incorrect claim if:
(a) the claim is for a social security payment, other than a supplementary payment; and
(b) when the claim was made, the person was not qualified for the payment claimed but was qualified for another social security payment, other than a supplementary payment.
(3) For the purposes of this section, a claim made by a person is an incorrect claim if:
(a) the claim is for a supplementary payment; and
(b) when the claim was made, the person was not qualified for the payment claimed but was qualified for another supplementary payment.
(4) For the purposes of the social security law, if:
(a) a person makes a claim for a pension, allowance, benefit or other payment under a law of the Commonwealth, other than this Act or the 1991 Act, or under a program administered by the Commonwealth, that is similar in character to a social security payment, other than a supplementary payment (the
initial claim ); and(b) when the claim was made, the person was qualified for a social security payment, other than a supplementary payment; and
(c) the person subsequently makes a claim for the social security payment referred to in paragraph (b) (the
later claim ); and(d) the Secretary is satisfied that it is reasonable that this subsection be applied;
the person is taken to have made the later claim on the day on which the initial claim was made.
(4A) For the purposes of the social security law, if:
(a) a person makes a claim for an income support payment (the
initial claim ); and(b) on the day on which the initial claim is made, the person is qualified for another income support payment (the
other income support payment ); and(c) the person subsequently makes a claim for the other income support payment (the
later claim ); and(d) the Secretary is satisfied that it is reasonable that this subsection be applied;
the person is taken to have made the later claim on the day on which the initial claim was made.
(4B) For the purposes of the social security law, if:
(a) a person makes a claim for a supplementary payment (the
initial claim ); and(b) on the day on which the initial claim is made, the person is qualified for another supplementary payment (the
other supplementary payment ); and(c) the person subsequently makes a claim for the other supplementary payment (the
later claim ); and(d) the Secretary is satisfied that it is reasonable that this subsection be applied;
the person is taken to have made the later claim on the day on which the initial claim was made.
(5) In this section:
supplementary payment means:
(a) carer allowance; or
(b) double orphan pension; or
(c) education entry payment; or
(i) mobility allowance; or
(j) pensioner education supplement.
Claim for carer payment rejected
(1) For the purposes of the social security law, if:
(a) on or after 1 July 2009, a person (the
carer ) makes a claim for a carer payment for caring for a person because the carer is qualified for the payment other than under paragraph 198(2)(d); and(b) the Secretary makes a determination rejecting the claim; and
(c) within 28 days of being notified of the determination, the carer makes a claim for carer allowance for caring for the person; and
(d) the carer is qualified under section 953 of the 1991 Act for carer allowance for the person; and
(e) the Secretary is satisfied that it is reasonable that this section be applied;
the carer is taken to have made a claim for carer allowance on the day on which the carer made the claim for a carer payment.
Carer payment suspended or cancelled
(2) For the purposes of the social security law, if:
(a) on or after 1 July 2009, a person (the
carer ) is receiving the carer payment for caring for one or more persons because the carer is qualified for the payment other than under paragraph 198(2)(d); and(b) the Secretary makes a determination cancelling or suspending the carer’s carer payment; and
(c) within 28 days of being notified of the determination, the carer makes a claim for carer allowance for caring for the person; and
(d) the carer is qualified under section 953 of the 1991 Act for carer allowance for the person; and
(e) the Secretary is satisfied that it is reasonable that this section be applied;
the carer is taken to have made a claim for carer allowance on the day after the day on which the cancellation or suspension took effect.
(1) A person makes a claim for a social security payment or a concession card:
(a) by lodging a written claim for the payment or card; or
(b) by making the claim in accordance with subsection (7).
(2) A written claim for the purpose of subsection (1) for one social security payment or for a concession card must be in accordance with a form approved by the Secretary.
(3) Two or more written claims by the same person may be combined in one claim. Such a claim must be made in accordance with a form approved by the Secretary for the purposes of this subsection.
(4) A written claim is lodged by being delivered:
(a) to a person apparently performing duties at a place approved for the purpose by the Secretary; or
(b) to a person approved for the purpose by the Secretary; or
(c) in a manner, and to a place, approved for the purpose by the Secretary.
(5) Subject to subsection (6), a place or person approved for the purposes of subsection (4) must be a place or person in Australia.
(6) The Secretary may approve a place or person outside Australia for the purposes of subsection (4) for the lodgment of:
(a) claims made under a scheduled international social security agreement; or
(b) claims for AGDRP in relation to a major disaster that occurred outside Australia; or
(c) claims for AVTOP.
(7) A person may make a claim in a manner approved by the Secretary for the purposes of this subsection.
(8) The power of the Secretary to make an approval under subsection (7) is not limited by any other provision of this section.
(1) A claim for pension bonus must be:
(a) attached to a proper claim made by the person for age pension and lodged together with that claim for age pension; or
(b) made in accordance with an invitation under subsection (3); or
(c) the subject of a determination under subsection (5).
(2) A claim for pension bonus may be made even though it is not certain whether the person will start to receive an age pension at or after the time when the person makes the claim. The claim has effect as a claim that is contingent on the person receiving an age pension.
(3) If:
(a) a person makes a claim for an age pension; and
(b) the claim is in accordance with a form that does not require the claimant to disclose whether the claimant is registered as a member of:
(i) the pension bonus scheme; or
(ii) the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; and
(c) the person is, to the knowledge of the Secretary, registered as a member of the pension bonus scheme; and
(d) a claim by the person for pension bonus is not attached to the claim for age pension;
the Secretary must give the claimant a written notice inviting the claimant to lodge a claim for pension bonus:
(e) within such period after the lodgment of the claim for age pension as is specified in the notice; and
(f) at such place as in specified in the notice.
(4) If a claim for pension bonus is made in accordance with an invitation under subsection (3), the person is taken to have claimed the pension bonus at the same time as the person claimed age pension.
(5) If:
(a) a person who is a registered member of the pension bonus scheme lodges a claim for age pension; and
(b) a claim for pension bonus for the person is lodged after the claim for age pension; and
(c) the Secretary is satisfied that, having regard to guidelines (if any) made under subsection (6), special circumstances apply in relation to the lodgment of the claim for pension bonus;
the Secretary may determine that the claim for the pension bonus is taken to have been made at the time the person claimed age pension.
(6) The Secretary may, by legislative instrument, make guidelines for the purposes of subsection (5).
(1) A claim for special employment advance must specify the amount of special employment advance sought.
(2) Subject to subsection (3), if a claim based on the effect of the unreceived income on the claimant’s special employment advance qualifying entitlement is lodged before the first day for which the entitlement is not payable or is reduced as a result of the claimant, or the claimant’s partner, having earned the income, the claim is taken to have been made on that day.
(3) If:
(a) the claimant’s special employment advance qualifying entitlement referred to in subsection (2) is an entitlement in respect of which the Secretary has determined that this subsection applies; and
(b) the claim is lodged before the day referred to in subsection (2);
the Secretary may treat the claim as having been made on a day earlier than the day referred to in subsection (2) that the Secretary considers appropriate having regard to the kind of entitlement concerned.
(4) A claim based on the need for financial assistance from the Commonwealth to take up offered employment must set out:
(a) particulars (including the duration) of the employment; and
(b) the way in which the financial assistance is to be expended to enable the claimant to take up the employment.
(1) A claim for an essential medical equipment payment must include a statement by the person making the claim that the medical equipment to which the claim relates is used in the relevant EMEP residence.
(2) If:
(a) a person who provides care and attention for a person with medical needs makes a claim for an essential medical equipment payment; and
(b) the person with medical needs is not a dependent child of that or any other person;
the claim must be signed by the person with medical needs.
An expression used in this Subdivision has the same meaning as it has in Part 2.2A of the 1991 Act.
(1) A claim for pension bonus must be made within the lodgment period fixed by this Subdivision.
(2) However, the Secretary may in special circumstances allow a person a longer period to make a claim than the period fixed by this Subdivision. If the Secretary does so, the lodgment period for the person’s claim is the period allowed by the Secretary.
(3) Subsection (2) does not apply in relation to a claim for which the lodgment period is fixed by subsection 23(1).
(1) If a person’s last bonus period is a full‑year period, the lodgment period for a claim by the person for pension bonus is the period of 13 weeks immediately following that bonus period. However, this rule does not apply if:
(a) the person is an exempt partnered person for the purposes of section 24 at the end of the person’s last bonus period; or
(b) the person’s membership of the pension bonus scheme becomes non‑accruing immediately after the end of the person’s last bonus period; or
(c) the person is a post‑75 member of the pension bonus scheme and has a post‑75 work period (see subsection 26(2)).
(2) For the purposes of this section, if a person has accrued only one full‑year bonus period, that period is the person’s last bonus period.
(1) If a person’s last bonus period is a part‑year period, the lodgment period for a claim by the person for pension bonus is:
(a) the period of 13 weeks beginning at the end of that bonus period; or
(b) if the Secretary allows a longer period—that longer period.
However, this subsection does not apply if:
(c) the person is an exempt partnered person (see subsection 24(2)) at the end of the person’s last bonus period; or
(d) the person’s membership of the pension bonus scheme becomes non‑accruing immediately after the end of the person’s last bonus period; or
(e) the person is a post‑75 member of the pension bonus scheme and has a post‑75 work period (see subsection 26(2)).
(2) If:
(a) subsection (1) applies to a person’s claim for pension bonus; and
(b) the claim is lodged within a period allowed under paragraph (1)(b);
Division 6 of Part 2.2A of the 1991 Act has effect, in relation to the calculation of the amount of that pension bonus, as if the person had not accrued the part‑year bonus period.
(1) If a person is an exempt partnered person at the end of the person’s last bonus period, the lodgment period applicable to the person’s claim for pension bonus is the period:
(a) beginning at the end of that bonus period; and
(b) ending at:
(i) the time of the last occasion on which the person’s partner could have lodged a claim for a pension bonus; or
(ii) the end of the period of 13 weeks after the person ceases to be a member of the same couple (whether because of the death of the person’s partner or for any other reason);
whichever comes first.
(2) For the purposes of this section, a person is an exempt partnered person at a particular time if, at that time, the person is a member of a couple and:
(a) the person’s partner is an accruing or non‑accruing member of the pension bonus scheme; or
(b) the person’s partner is an accruing or non‑accruing member of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act.
If a person’s membership of the pension bonus scheme becomes non‑accruing immediately after the end of the person’s last bonus period, the lodgment period applicable to the person’s claim for pension bonus is the period:
(a) beginning at the end of the person’s last bonus period; and
(b) ending 13 weeks after the time when the person’s membership of the scheme ceases to be non‑accruing.
(1) If a post‑75 member of the pension bonus scheme has a post‑75 work period, the lodgment period for a claim by the person for pension bonus is the period of 13 weeks beginning at the end of the period nominated in the claim as the person’s post‑75 work period.
(2) For the purposes of this section, a post‑75 member of the pension bonus scheme has a post‑75 work period if all of the following requirements are satisfied:
(a) the person’s claim for pension bonus nominates a particular period as the person’s post‑75 work period;
(b) the nominated period begins immediately after the end of the person’s last bonus period;
(c) if it were assumed that the person had been an accruing member of the pension bonus scheme throughout each test period that is applicable to the person, the person would have passed the work test for each test period.
(3) For the purposes of subsection (2), the test period or test periods applicable to a person are worked out as follows:
(a) identify the
extended period , which is that part of the nominated period when the person was neither:
(i) subject to a compensation preclusion period or a carer preclusion period; nor
(ii) covered by a declaration under section 92Q of the 1991 Act;
(b) if the extended period is 365 days or less—the extended period is the only test period;
(c) if the extended period is longer than 365 days—each of the following periods is a test period:
(i) the full‑year period beginning at the start of the extended period;
(ii) if 2 or more succeeding full‑year periods are included in the extended period—each of those full‑year periods;
(iii) the period (if any) consisting of the remainder of the extended period.
(4) In addition to its effect apart from this subsection, section 93B of the 1991 Act also has the effect it would have if each reference in paragraph 93B(1)(a), (2)(a), (3)(a) or (4)(a) to an accruing member of the pension bonus scheme were a reference to a post‑75 member of the scheme.
A person’s claim for pension bonus bereavement payment must be made within the period of 26 weeks beginning on the day of death of the partner in respect of whom the person is qualified for pension bonus bereavement payment.
The Secretary may in special circumstances allow a person a longer period to make a claim than the period under section 26A. If the Secretary does so, the person’s claim must be made before the end of the period allowed by the Secretary.
(1) A person’s claim for a student start‑up loan for a qualification period must be made before the end of the qualification period.
(2) Despite subsection (1), a person’s claim for a student start‑up loan for a qualification period in which the person is expected to complete the relevant approved scholarship course must be made at least 35 days before the course end date.
(1) Subject to this section, a claim for fares allowance must be lodged in the study year to which the claim relates or before 1 April next following the end of that year (the
final date ).(2) A claim for fares allowance may be lodged on or after the final date if the Secretary is satisfied that:
(a) the claimant took reasonable steps to lodge the claim, or have the claim lodged, before the final date; and
(b) circumstances beyond the claimant’s control prevented the claim being lodged before the final date.
(3) A claim for fares allowance may be lodged on or after the final date if the Secretary is satisfied that:
(a) circumstances beyond the claimant’s control prevented the claimant taking reasonable steps to lodge the claim, or have the claim lodged, before the final date; and
(b) the claimant has sought to lodge the claim as soon as practicable after those circumstances ceased to exist.
(1) A claim for a Disaster Recovery Allowance relating to a Part 2.23B major disaster must be lodged within 6 months after the determination of the disaster under section 36A of the 1991 Act.
(2) However, the claim may be lodged more than 6 months after the determination if the Secretary is satisfied that:
(a) there are special circumstances applying to the person’s claim that justify a late lodgement; and
(b) the claim is lodged within a reasonable period having regard to those circumstances.
(1) A claim for an AGDRP relating to a major disaster must be lodged within 6 months after the determination of the disaster under section 36 of the 1991 Act.
(2) However, the claim may be lodged more than 6 months after the declaration if the Secretary is satisfied that:
(a) there are special circumstances applying to the person’s claim that justify a late lodgment; and
(b) the claim is lodged within a reasonable period having regard to those circumstances.
(1) A claim for an AVTOP by a primary victim of a declared overseas terrorist act must be lodged within 2 years after the day the declaration is made under subsection 35B(1) of the 1991 Act.
(2) A claim for an AVTOP by a secondary victim of a declared overseas terrorist act must be lodged within 12 months after the day the close family member to whom the claim relates died.
(3) However, a claim may be lodged after the period referred to in subsection (1) or (2) if the Secretary is satisfied that:
(a) there are special circumstances applying to the person’s claim that justify a late lodgment; and
(b) the claim is lodged within a reasonable period having regard to those circumstances.
A person cannot make a claim for a disability support pension unless the person is under the pension age on the day on which the claim is lodged.
(1) Subject to sections 30, 30A, 31 and 31A, a claim for a social security payment or a concession card may only be made by a person who:
(a) is an Australian resident; and
(b) is in Australia.
(2) Subject to sections 30, 30A, 31 and 31A, a claim made at a time when the claimant is not an Australian resident or is not in Australia is taken not to have been made.
A claim for special benefit may only be made by a person who:
(a) is in Australia; and
(b) satisfies one of the following subparagraphs:
(i) the person is an Australian resident;
(iii) the person holds a visa that is in a class of visas determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the 1991 Act.
Despite paragraph 29(1)(a), a person who is not an Australian resident may make a claim for a crisis payment if the person is qualified for special benefit because he or she is the holder of a visa that is in a class of visas determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the 1991 Act.
(1) Section 29 does not apply to a claim for an AGDRP if the claim relates to a major disaster that occurred in Australia or outside Australia.
(1A) Section 29 does not apply to a claim for an AVTOP.
(1B) Section 29 does not apply to a claim for a Disaster Recovery Allowance.
(2) Section 29 does not apply to a claim for parenting payment if:
(a) the claimant is an Australian resident; and
(b) the claimant, while outside Australia, has been receiving an income support payment; and
(c) the income support payment has been cancelled or has ceased to be payable; and
(d) the claim is made within 13 weeks after the income support payment was cancelled or ceased to be payable, as the case may be.
(3) Section 29 does not apply to a claim for double orphan pension.
Despite paragraph 29(1)(a), a person who is not an Australian resident may make a claim for a social security payment or a concession card if:
(a) the person is a special category visa holder residing in Australia; and
(b) in order to qualify for the payment or concession card concerned, the person is not required to be an Australian resident if the person is a special category visa holder residing in Australia.
(1) A claimant for a social security payment or a concession card, or a person acting on behalf of such a claimant, may withdraw a claim that has not been determined.
(2) A claim that is withdrawn is taken not to have been made.
(1) A claim may be withdrawn orally or in writing or in any other manner approved by the Secretary.
(2) If:
(a) a person claims both a pension bonus and an age pension; and
(b) the claim for an age pension is withdrawn;
the claim for a pension bonus is taken to have been withdrawn.
(3) If:
(a) a person claims both a pension bonus and an age pension; and
(b) the claim for an age pension is rejected as a direct or indirect result of the operation of:
(i) Division 2 of Part 3.12 of the 1991 Act; or
(ii) Part 3.14 of that Act;
the claim for a pension bonus is taken to have been withdrawn.
(1) A person who is:
(a) in gaol; or
(b) undergoing psychiatric confinement because he or she has been charged with an offence;
may make a claim for a social security pension or benefit or for a crisis payment not earlier than 3 weeks before the person’s expected release day.
(2) A day is a person’s expected release day for the purpose of subsection (1) if there are reasonable grounds for believing that the person will be released from gaol or psychiatric confinement on that day.
(1) A person may only make a claim for advance pharmaceutical allowance if the claim is made in accordance with subsection (2), (3) or (4).
(2) A person may make a claim for advance pharmaceutical allowance to be paid in a calendar year if:
(a) the person has received an instalment of a social security pension in relation to an instalment period that included 31 December in the previous calendar year; and
(b) the claim is lodged within 14 days after the end of that instalment period.
(3) A person may make a claim for advance pharmaceutical allowance to be paid in a calendar year if:
(a) the person claims a social security pension in that year; and
(b) the claim for advance pharmaceutical allowance is lodged:
(i) when the claim for the pension is lodged; or
(ii) after the claim for the pension is lodged but before that claim is determined.
(4) A person may make a claim for advance pharmaceutical allowance to be paid in a calendar year if:
(a) the person has been qualified for pharmaceutical allowance for a period (the
qualification period ) during the calendar year; and(b) the amount spent by the person during the qualification period on the purchase of pharmaceutical benefits is equal to or greater than the total amount that has been paid to the person in the calendar year by way of:
(i) pharmaceutical allowance; and
(ii) advance pharmaceutical allowance.
(1) If a person makes a claim for an AVTOP as a secondary victim in relation to a close family member who has died, the Secretary must make reasonable inquiries as to whether there are other persons (a
potential claimant ) who may also qualify for an AVTOP as a secondary victim in relation to the same close family member.(2) If the Secretary considers there are potential claimants, the Secretary must give each of them a written notice stating that:
(a) he or she may make a claim for an AVTOP as a secondary victim in relation to the close family member; and
(b) he or she must make a claim before the day (the
claim due day ) specified in the notice; and(c) if he or she fails to make a claim by the claim due day, an AVTOP in relation to the close family member will not be payable to him or her.
(3) The claim due day must be at least 30 days after the day the notice is given to the potential claimant.
(4) If the Secretary is satisfied that it is appropriate to do so, the Secretary may change the claim due day to a later day.
(5) If the Secretary changes the claim due day under subsection (4), then:
(a) the Secretary must change the claim due day for each of the potential claimants to the new claim day; and
(b) the Secretary must give each of the potential claimants a written notice of the new claim due day; and
(c) the new claim due day is taken to be the day specified in the notice under subsection (2) for the purposes of subparagraph 1061PAC(b)(ii) of the 1991 Act.
(1) Subject to this section, the Secretary must, in accordance with the social security law, determine a claim for a social security payment or a concession card, either granting or rejecting the claim.
(2) If a person claims both a pension bonus and an age pension, the Secretary must not determine the claim for pension bonus until the claim for age pension has been granted.
(3) If more than one person makes a claim for an AVTOP as a secondary victim of a declared overseas terrorist act in relation to the same close family member, the Secretary must determine the claims at the same time.
(4) If a person claims a student start‑up loan for a qualification period, the Secretary may determine the person’s claim at a time the Secretary considers appropriate, having regard to the principle that, for a claim made before the start of the period of study concerned for the relevant approved scholarship course, the time should generally be close to the start of that period of study.
Note: For
approved scholarship course , see section 592M of the 1991 Act.(5) Nothing in subsection (4) affects the operation of section 39.
(1) Subject to this section and section 40, the Secretary must determine that a claim for a social security payment is to be granted if the Secretary is satisfied that:
(a) the claimant is qualified for the social security payment; and
(b) the social security payment is payable.
(1A) The Secretary must determine that a claim for parenting payment is to be granted if the Secretary is satisfied that:
(a) the claimant is qualified, or is expected to be qualified, for the payment; and
(b) the payment would be payable apart from the application of a compliance penalty period.
(2) The Secretary must determine that a claim for a jobseeker payment is to be granted if the Secretary is satisfied that:
(a) the claimant is qualified, or is expected to be qualified, for the payment; and
(b) the payment would be payable apart from:
(i) the application of a waiting period; or
(ii) the application of a compliance penalty period; or
(v) the application of an income maintenance period where the rate of jobseeker payment payable to the person is nil; or
(vi) the operation of section 615 of the 1991 Act.
(3) The Secretary must determine that a claim for a social security payment to which this subsection applies is to be granted if the Secretary is satisfied that:
(a) the person is qualified, or is expected to be qualified, for the payment; and
(b) the payment would be payable if the person were not subject to a seasonal work preclusion period.
(4) Subsection (3) applies to the following social security payments:
(c) jobseeker payment;
(d) parenting payment;
(g) youth allowance;
(ga) special benefit;
(h) disability support pension;
(j) carer payment;
(k) austudy payment.
(5) If:
(a) a determination has been made under subsection (1) granting a claim for a jobseeker payment to a person who was qualified for the payment under subsection 593(1B) of the 1991 Act; and
(b) the person ceases to be qualified for the payment under subsection 593(1B) of the 1991 Act but becomes qualified for the payment under subsection 593(1) of that Act within 14 days after the person ceased to be qualified under subsection 593(1B);
the Secretary may make a determination varying the first‑mentioned determination to give effect to any change in the person’s start day.
(6) The Secretary must determine that a claim for youth allowance or austudy payment is to be granted if the Secretary is satisfied that:
(a) the person is qualified, or is expected to be qualified, for the allowance or payment; and
(b) the allowance or payment would be payable, apart from:
(i) the application of a waiting period; or
(ii) the application of a compliance penalty period; or
(v) the application of an income maintenance period where the rate of allowance or payment payable to the person is nil; or
(vi) if the claim is a claim for youth allowance—the operation of section 547AA of the 1991 Act.
(7) The Secretary must determine that a claim made in accordance with section 35 for a social security pension or benefit or for a crisis payment is to be granted if the Secretary is satisfied that:
(a) the claimant:
(i) is in gaol; or
(ii) is undergoing psychiatric confinement because he or she has been charged with an offence; and
(b) the claimant is expected to be in gaol or undergoing psychiatric confinement for at least 14 days; and
(c) there are reasonable grounds for believing that the claimant will be released from gaol or psychiatric confinement on or before the day that is the claimant’s expected release day for the purposes of subsection 35(1); and
(d) either:
(i) in the case of a claim for a social security pension or benefit, the claimant is qualified for the pension or benefit; or
(ii) in any case, the claimant is expected to be qualified for the pension, benefit or payment immediately after the claimant is released from gaol or psychiatric confinement; and
(e) the pension, benefit or payment is expected to be payable to the claimant immediately after the claimant is released from gaol or psychiatric confinement.
(8) The Secretary must make a determination granting a claim for a concession card if the Secretary is satisfied that the claimant is qualified for the card.
Note: In some cases, the Secretary must not make a determination granting a claim for a seniors health card or an income‑tested health care card if the Secretary makes a request under subsection 75(2) or (3) of the claimant (about providing tax file numbers): see subsection 77(1).
(9) A determination under subsection (8) granting a claim for a seniors health card:
(a) must specify the period at the end of which the determination ceases to have effect; and
(b) unless it has already been cancelled, ceases to have effect at the end of that period.
(10) A determination under subsection (8) granting a claim for a health care card under Subdivision B of Division 3 of Part 2A.1 of the 1991 Act:
(a) must specify the period at the end of which the determination ceases to have effect; and
(b) unless it has already been cancelled, ceases to have effect at the end of that period.
(11) The Minister may, by legislative instrument, determine the periods that are to be specified in determinations for the purposes of subsections (9) and (10).
(1) Without limiting subsection 37(1), the Secretary must determine that a claim for a schooling requirement payment is to be granted if the Secretary is satisfied that:
(a) the person is qualified, or is expected to be qualified, for the payment; and
(b) the payment would be payable if it were not for the application of subsection 124G(1), 124L(1) or 124NE(1).
(2) Subsection (1) does not apply to a schooling requirement payment under the Veterans’ Entitlements Act.
Note 1:
Schooling requirement payments are social security benefits, social security pensions and certain payments under the Veterans’ Entitlements Act (see section 124D of this Act).Note 2: Section 124G and 124L provide that a schooling requirement payment is not payable to a person if he or she fails to comply with an enrolment notice or an attendance notice after the end of an initial compliance period (unless he or she has a reasonable excuse or special circumstances apply). Section 124NE provides that a schooling requirement payment is not payable to a person if he or she fails to comply with a compliance notice (subject to exceptions in that section).
Note 3: If the payment is suspended under section 124H, 124M or 124NF (because of the application of subsection 124G(1), 124L(1) or 124NE(1)) on the day the claim is granted, the start day for the payment is deferred until the suspension ends (at the earliest) (see clause 5 of Schedule 2).
(1) A seniors health card expires at the end of the period specified, for the purposes of subsection 37(9), in the determination granting the claim for the card.
(1A) However, subsection (1) does not apply to a seniors health card issued under subsection 1061ZJA(3) or (4) of the 1991 Act.
(2) A health care card granted to a person qualified for the card under Subdivision B of Division 3 of Part 2A.1 of the 1991 Act expires at the end of the period specified, for the purposes of subsection 37(10), in the determination granting the claim for the card.
(3) A person to whom a concession card referred to in subsection (1) or (2) has been granted may make a claim for a further concession card before the first‑mentioned card expires.
(1) Subject to subsection (2), the Secretary must refuse a claim for special employment advance if:
(a) the claim is based on the effect of unreceived income on the claimant’s special employment advance qualifying entitlement; and
(b) the Secretary is satisfied that the income will be received within 2 days after the claim is made.
(2) Subsection (1) does not apply if the Secretary considers that the claimant’s financial needs are such that the claim should be granted.
(3) In this section:
unreceived income has the same meaning as in subsection 1061EM(1) of the 1991 Act.
(1) Subject to subsections (3) and (9), if the Secretary does not make a determination regarding a claim within the period of 13 weeks after the day on which the claim was made, the Secretary is taken to have made, at the end of that period, a determination rejecting the claim.
(3) If:
(a) a person makes a claim for a social security payment that is a relevant social security payment for the purposes of subclause 4(1) of Schedule 2; and
(b) the person is not, on the day on which the claim is made, qualified for the payment; and
(c) assuming the person does not sooner die, the person will, because of the passage of time or the occurrence of an event, become qualified for the payment within the period of 13 weeks after the day on which the claim is made; and
(d) the person becomes so qualified within that period;
the claim is taken, for the purposes of subsection (1), to be made on the day on which the person becomes qualified.
(4) If the Secretary asks a person who has made a claim for a social security payment or a concession card or another person for information in relation to the claim, the period that:
(a) begins on the day on which the Secretary asks for the information; and
(b) ends on the day on which the information is given to the Secretary;
is not counted for the purpose of subsection (1).
(5) If:
(a) a person makes a claim (the
actual claim ); and(b) apart from this subsection, the person would, by virtue of section 13 or 14, be taken to have made the claim on a particular day;
then, in spite of section 13 or 14, as the case may be, a reference in subsection (1) of this section to the day on which the claim was made is a reference to the day on which the actual claim was made.
(6) The Secretary may determine that a specified period, being a period that is longer than 13 weeks, applies for the purposes of claims for an AVTOP in relation to a declared overseas terrorist act.
(7) If, under subsection (6), there is a determination of a period in force for the purposes of claims for an AVTOP in relation to a declared overseas terrorist act, then this Act applies to those claims as if references in subsections (1) and (3) to the period of 13 weeks were references to the period referred to in the determination.
(8) A determination under subsection (6) is not a legislative instrument.
(9) A claim for a student start‑up loan for a qualification period made before the start of the qualification period is taken to have been made on the first day of the qualification period.
(1) The Secretary may make a determination rejecting a claim for a social security payment if:
(a) the claimant has been given a notice under subsection 66(2); and
(b) the Secretary is not satisfied that the claimant has taken reasonable action to obtain a comparable foreign payment at the highest rate applicable to the claimant within the period specified in the notice.
(2) The Secretary may make a determination rejecting a claim for a social security payment if:
(a) the claimant has been given a notice under subsection 66(3); and
(b) the Secretary is not satisfied that the claimant’s partner has taken reasonable action to obtain a comparable foreign payment at the highest rate applicable to the partner within the period specified in the notice.
Note: The powers of the Employment Secretary under this Division may be delegated under section 234 (including to a person engaged by an organisation that performs services for the Commonwealth).
40A Requirement to enter into employment pathway plans
No existing employment pathway plan in force
(1) The Employment Secretary may require a person to enter into an employment pathway plan if an employment pathway plan is not in force in relation to the person and one of the following applies:
(a) either:
(i) the person is receiving, or has made a claim for, a jobseeker payment or a youth allowance; or
(ii) the Department is contacted by or on behalf of the person in relation to a claim for a jobseeker payment or a youth allowance;
(b) the person is someone to whom paragraph 500(1)(c) or (ca) of the 1991 Act applies and either:
(i) the person is receiving, or has made a claim for, parenting payment; or
(ii) the Department is contacted by or on behalf of the person in relation to a claim for parenting payment;
(c) the person is a nominated visa holder and either:
(i) the person is receiving, or has made a claim for, a special benefit; or
(ii) the Department is contacted by or on behalf of the person in relation to a claim for special benefit.
Existing employment pathway plan already in force
(2) If an employment pathway plan is in force in relation to a person, the Employment Secretary may require the person to enter into another plan instead of the existing one.
Notification of requirement
(3) The Employment Secretary must notify a person who is required to enter into an employment pathway plan of the requirement. The notification:
(a) must give the person the option of entering into the plan under section 40D; and
(b) may also give the person the option of entering into the plan under section 40E, taking into account the person’s circumstances.
(1) The Employment Secretary may arrange for the use of technological processes in relation to the following:
(a) persons entering into employment pathway plans under section 40D or 40E;
(b) the variation of such plans.
Note: A person does not enter into an employment pathway plan unless the person accepts such a plan: see paragraphs 40D(1)(a) and 40E(1)(c).
Arrangement not a legislative instrument
(2) If an arrangement under this section is made in writing, the arrangement is not a legislative instrument.
(1) The Employment Secretary may arrange for the completion of a questionnaire in relation to the following:
(a) persons entering into employment pathway plans under section 40D or 40E;
(b) the variation of such plans.
(2) A questionnaire may relate to, but is not limited to, one or more of the employment pathway plan matters in relation to a person.
Note: For
employment pathway plan matters , see section 40F.(3) A purpose of the questionnaire is to obtain information for the purposes of working out under which section the person is able to enter into an employment pathway plan.
Arrangement not a legislative instrument
(4) If an arrangement under this section is made in writing, the arrangement is not a legislative instrument.
40D Employment pathway plans—plans developed by the Employment Secretary
(1) A person enters into an employment pathway plan under this section if:
(a) the person notifies the Employment Secretary that the person accepts the employment pathway plan developed by the Employment Secretary; and
(b) that acceptance occurs after one or more communications between the person and the Employment Secretary in relation to that plan.
Note: For variation of employment pathway plans, see section 40V.
Plan requirements
(2) The employment pathway plan developed by the Employment Secretary must contain one or more requirements that the person is required to comply with.
Note: See Subdivision B for limitations on the kind of requirements that can be contained in employment pathway plans.
Optional terms
(3) The employment pathway plan may also contain one or more terms that the person may, but is not required to, comply with.
Approval of requirements
(4) The requirements in the employment pathway plan are to be approved by the Employment Secretary. Those requirements must not be approved by the processes referred to in subsection 40B(1).
(5) The Employment Secretary must not approve requirements that are not suitable for the person. For this purpose, the Employment Secretary must take into account the following matters:
(a) the employment pathway plan matters in relation to the person;
(b) the person’s capacity to comply with the requirements;
(c) the person’s needs;
(d) any other matters that the Employment Secretary or the person considers relevant in the circumstances.
Note: For
employment pathway plan matters , see section 40F.
40E Employment pathway plans—streamlined processes
(1) A person enters into an employment pathway plan under this section if:
(a) the person is given information as part of the processes referred to in subsection 40B(1) informing the person of the matters the person should consider in deciding whether to accept an employment pathway plan under this section; and
(b) a proposed employment pathway plan is produced as part of those processes that:
(i) contains one or more requirements that the person is required to comply with; and
(ii) may contain one or more terms that the person may, but is not required to, comply with; and
(c) after deciding the person is satisfied with that proposed employment pathway plan, the person accepts that plan as part of those processes.
Note 1: If the person does not want to accept the proposed employment pathway plan that is produced as part of those processes, the person can still enter into an employment pathway plan under section 40D.
Note 2: See Subdivision B for limitations on the kind of requirements that can be contained in employment pathway plans.
Note 3: For variation of employment pathway plans, see section 40V.
(2) This section does not prevent the person from entering into an employment pathway plan under section 40D after the person has entered into an employment pathway plan under this section.
The
employment pathway plan matters in relation to a person are the following:
(a) the person’s education, experience, skills and age;
(b) the impact of any disability, illness, mental condition or physical condition of the person on the person’s ability to work, to look for work or to participate in training activities;
(c) the state of the labour market and the transport or other options available to the person in accessing that market;
(d) the participation opportunities available to the person;
(e) the family and caring responsibilities of the person;
(f) the length of travel time required to comply with requirements in an employment pathway plan;
(g) the financial costs (such as travel costs) of complying with requirements in an employment pathway plan, and the person’s capacity to pay for such costs.
40G Employment pathway plans—examples of requirements
Seeking, accepting and undertaking paid work
(1) An employment pathway plan under this Subdivision in relation to a person may contain requirements relating to one or more of the following:
(a) the person actively seeking paid work in Australia;
(b) the person accepting, and being willing to accept, offers of paid work in Australia;
(c) the person undertaking, and being willing to undertake, paid work in Australia;
except particular paid work that is unsuitable to be done by the person.
Note: See Division 2B for the circumstances in which paid work is unsuitable to be done by a person.
Undertaking of other activities
(2) An employment pathway plan under this Subdivision in relation to a person may contain requirements relating to one or more of the following:
(a) the person undertaking training or study;
(b) the person undertaking voluntary work;
(c) the person participating in an approved program of work for income support payment (subject to section 40J) or in an employment program;
(d) the person attending an interview with a person engaged by an organisation that performs services for the Commonwealth;
(e) the person completing, updating or improving the person’s résumé.
Reporting on compliance
(3) An employment pathway plan under this Subdivision in relation to a person may contain requirements relating to the person’s reporting of compliance with the plan.
Parenting payment—health and education
(4) In relation to parenting payment and a person to whom paragraph 500(1)(ca) of the 1991 Act applies, an employment pathway plan under this Subdivision may contain requirements relating to one or more of the following:
(a) the person’s education;
(b) the health of a PP child of the person;
(c) the education of a PP child of the person.
No limit on requirements in plans
(5) Subsections (1) to (4) do not limit the requirements that an employment pathway plan may contain.
Note: See Subdivision B for limitations on the kind of requirements that can be contained in employment pathway plans.
An employment pathway plan under Subdivision A in relation to a person must not contain a requirement relating to one or more of the following:
(a) the person seeking paid work in Australia;
(b) the person accepting offers of paid work in Australia;
(c) the person undertaking paid work in Australia;
that is particular paid work that is unsuitable to be done by the person.
Note: See Division 2B for the circumstances in which paid work is unsuitable to be done by a person.
Parenting payment
(1) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving parenting payment, must not require the person to participate in an approved program of work for income support payment if:
(a) either:
(i) if the person’s rate of parenting payment is worked out under the Pension PP (Single) Rate Calculator in section 1068A of the 1991 Act—because of the application of Module E of that rate calculator, the person is receiving parenting payment at a rate that has been reduced; or
(ii) if the person’s rate of parenting payment is worked out under the Benefit PP (Partnered) Rate Calculator in section 1068B of the 1991 Act—because of the application of Module D of that rate calculator, the person is receiving parenting payment at a rate that has been reduced; or
(b) the person is at least 50 years of age and is not a person to whom subsection 28(4) of the 1991 Act applies.
Youth allowance
(2) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving a youth allowance, must not require the person to participate in an approved program of work for income support payment if:
(a) the person is under 18 years of age; or
(b) the person is undertaking full‑time study (see section 541B of the 1991 Act); or
(c) because of the application of one or more Modules of the Youth Allowance Rate Calculator in section 1067G of the 1991 Act, the person is receiving the youth allowance at a rate that has been reduced; or
(d) the program of work requires the person to move from a home in one place to a home in another place.
Jobseeker payment
(3) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving a jobseeker payment, must not require the person to participate in an approved program of work for income support payment if:
(a) because of the application of Module G of Benefit Rate Calculator B in section 1068 of the 1991 Act, the person is receiving the jobseeker payment at a rate that has been reduced; or
(b) the person is at least 50 years of age and is not a person to whom subsection 28(4) of the 1991 Act applies.
Special benefit
(4) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving a special benefit, must not require the person to participate in an approved program of work for income support payment if:
(a) the person is under 18 years of age; or
(b) the person or the person’s partner has income; or
(c) the person is at least 50 years of age and is not a person to whom subsection 28(4) of the 1991 Act applies.
(1) An employment pathway plan under Subdivision A must not contain a requirement of a kind that the Employment Secretary determines under subsection (2).
(2) The Employment Secretary must, by legislative instrument, determine the kinds of requirements that employment pathway plans must not contain.
(1) A person is not required to satisfy the employment pathway plan requirements if a determination under this section is in effect in relation to the person.
Circumstances beyond a person’s control
(2) The Employment Secretary may make a determination under this section in relation to the person if:
(a) the Employment Secretary is satisfied that circumstances exist that are beyond the person’s control; and
(b) the Employment Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to comply with the employment pathway plan requirements.
Note: See also section 40U (general rules about determinations under this Subdivision).
Other circumstances
(3) The Employment Secretary may make a determination under this section in relation to the person if the Employment Secretary is satisfied in all the circumstances that the person should not be required to satisfy the employment pathway plan requirements.
Note: See also section 40U (general rules about determinations under this Subdivision).
Exception—misuse of alcohol or another drug
(4) Subsection (2) or (3) does not apply to circumstances wholly or predominantly attributable to the person’s misuse of alcohol or another drug, unless the person is a declared program participant.
Examples of relevant circumstances
(5) The Employment Secretary may make a determination under subsection (2) or (3) in relation to a person in circumstances that relate to, but are not limited to, the following:
(a) the person having a temporary incapacity resulting in the person being unable to undertake work for at least 8 hours per week, where the person has given the Employment Secretary a certificate of a medical practitioner, in the form (if any) approved by the Employment Secretary, that supports the incapacity being caused by a medical condition arising from sickness or an accident;
(b) the person experiencing a marriage or relationship breakdown;
(c) the death of an immediate family member of the person;
(d) the person having suffered a significant personal crisis;
(e) the person having been affected by an emergency, disaster or public health crisis.
Revocation of determination
(6) The Employment Secretary may revoke a determination under this section in relation to a person if the Employment Secretary is satisfied in all the circumstances that it is no longer appropriate for the determination to remain in effect.
Later exemptions do not limit this section
(7) Sections 40M to 40T do not limit this section.
Claimants
(1) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the
applicable period ) if:
(a) the person makes a claim for a jobseeker payment, parenting payment, a youth allowance or a special benefit; and
(b) the person makes the claim after the death of the person’s partner; and
(c) if the person was not pregnant when the person’s partner died—the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and
(d) if the person was pregnant when the person’s partner died—the person makes the claim:
(i) in the period of 14 weeks starting on the day of the death of the partner; or
(ii) in the period starting on the day of the death of the partner and ending when the child is born or the person otherwise stops being pregnant;
whichever ends later.
The applicable period is the period applicable under paragraph (c) or (d).
Recipients
(2) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the
applicable period ) if:
(a) the person is receiving a jobseeker payment, parenting payment, a youth allowance or a special benefit; and
(b) while the person is receiving the payment, allowance or benefit the person’s partner dies; and
(c) if the person was not pregnant when the person’s partner died—the person notifies the Employment Secretary of the person’s partner’s death in the period of 14 weeks starting on the day of the death of the partner; and
(d) if the person was pregnant when the person’s partner died—the person notifies the Employment Secretary of the person’s partner’s death:
(i) in the period of 14 weeks starting on the day of the death of the partner; or
(ii) in the period starting on the day of the death of the partner and ending when the child is born or the person otherwise stops being pregnant;
whichever ends later; and
(e) the person is receiving the payment, allowance or benefit on the day of the notification.
The applicable period is the period applicable under paragraph (c) or (d).
(1) A person is not required to satisfy the employment pathway plan requirements if a determination under this section is in effect in relation to the person.
(2) The Employment Secretary must make a determination under this section in relation to the person if the Employment Secretary is satisfied that the person was subjected to domestic violence in the last 26 weeks.
Note: See also section 40U (general rules about determinations under this Subdivision).
(3) The Employment Secretary may revoke a determination under this section in relation to a person if the Employment Secretary is satisfied in all the circumstances that it is no longer appropriate for the determination to remain in effect.
(1) A person is not required to satisfy the employment pathway plan requirements if a determination under this section is in effect in relation to the person.
Mandatory determination
(2) The Employment Secretary must make a determination under this section in relation to the person if the Employment Secretary is satisfied that:
(a) the person is the principal carer of one or more children and that one or more of the following apply:
(i) the person is a registered and active foster carer;
(ii) the person is a home educator of one or more of those children;
(iii) the person is a distance educator of one or more of those children;
(iv) under a family law order that the person is complying with, a child, of whom the person is a relative (other than a parent), is to live with the person; or
(b) the following apply:
(i) the person is the principal carer of a child;
(ii) the person is the principal carer of one or more other children or the main supporter of one or more secondary pupil children or both;
(iii) there are 4 or more of the children of whom the person is the principal carer or main supporter; or
(c) the following apply:
(i) the person is not the principal carer of one or more children;
(ii) the person is a registered and active foster carer;
(iii) the person is providing foster care to a child temporarily in an emergency or to give respite to another person from caring for the child; or
(d) the following apply:
(i) the person is the main supporter of one or more secondary pupil children;
(ii) the person is a home educator or distance educator of one or more of those children; or
(e) the following apply:
(i) the person is the principal carer of one or more children;
(ii) the person is a relative (other than a parent) of a child (the
kin child );(iii) there is a document that provides for the kin child to live with the person for the care and wellbeing of the kin child and that is prepared or accepted by an authority of a State or Territory that has responsibility for the wellbeing of children;
(iv) the person is acting in accordance with the document.
Note 1: For
principal carer see subsections 5(15) to (24) of the 1991 Act.
rs No 89, 2010 | |
s 123VA.................................... | ad No 130, 2007 |
rs No 89, 2010 | |
s 123VB.................................... | ad No 130, 2007 |
rep No 89, 2010 | |
s 123VC.................................... | ad No 130, 2007 |
am No 89, 2010 | |
s 123WA................................... | ad No 130, 2007 |
am No 89, 2010 | |
ss 123WB–123WF..................... | ad No 130, 2007 |
s 123WG................................... | ad No 130, 2007 |
am No 8, 2010 | |
s 123WH................................... | ad No 130, 2007 |
s 123WI.................................... | ad No 130, 2007 |
s 123WJ.................................... | ad No 130, 2007 |
am No 63, 2008; Nos 38, 89 and 93, 2010; No 102, 2012 | |
s 123WJA.................................. | ad No 38, 2010 |
s 123WK................................... | ad No 130, 2007 |
s 123WL................................... | ad No 130, 2007 |
am No 63, 2008; No 38, 2010; No 89, 2010; No 128, 2015 | |
s 123WM.................................. | ad No 130, 2007 |
am No 63, 2008; No 38, 2010 | |
s 123WN................................... | ad No 130, 2007 |
am No 89, 2010 | |
Subdivision A............................ | rep No 93, 2010 |
ss 123XA–123XH...................... | ad No 130, 2007 |
am No 89, 2010 | |
rep No 93, 2010 | |
ss 123XI, 123XJ......................... | ad No 130, 2007 |
am No 89, 2010 | |
Subdivision BA.......................... | ad No 93, 2010 |
s 123XJA.................................. | ad No 93, 2010 |
am No 89, 2010; No 70, 2013 | |
s 123XJB................................... | ad No 93, 2010 |
am No 89, 2010 | |
Subdivision BB.......................... | ad No 93, 2010 |
s 123XJC................................... | ad No 93, 2010 |
am No 89, 2010; No 70, 2013 | |
s 123XJD.................................. | ad No 93, 2010 |
am No 89, 2010 | |
s 123XK.................................... | ad No 130, 2007 |
am No 89, 2010 | |
s 123XL.................................... | ad No 130, 2007 |
am No 89, 2010 | |
ss 123XM–123XP...................... | ad No 130, 2007 |
am No 89, 2010 | |
s 123XPAA............................... | ad No 102, 2012 |
s 123XPAB............................... | ad No 102, 2012 |
Subdivision DA......................... | ad No 63, 2008 |
ss 123XPA, 123XPB.................. | ad No 63, 2008 |
am No 89, 2010 | |
Subdivision DB heading.............. | rs No 4, 2009 |
am No 22, 2020 | |
rs No 97, 2020 | |
am No 14, 2022 | |
Subdivision DB.......................... | ad No 131, 2008 |
s 123XPBA............................... | ad No 22, 2020 |
s 123XPBB................................ | ad No 97, 2020 |
s 123XPC.................................. | ad No 131, 2008 |
am Nos 89 and 93, 2010 | |
s 123XPD.................................. | ad No 4, 2009 |
am No 89, 2010 | |
s 123XPE.................................. | ad No 14, 2022 |
Subdivision DC heading.............. | rs No 55, 2016 |
Subdivision DC.......................... | ad No 17, 2010 |
s 123XPF.................................. | ad No 17, 2010 |
rep No 55, 2016 | |
s 123XPG.................................. | ad No 17, 2010 |
am No 89, 2010 | |
Subdivision DD......................... | ad No 93, 2010 |
rep No 128, 2015 | |
s 123XPH.................................. | ad No 93, 2010 |
am No 89, 2010 | |
rep No 128, 2015 | |
s 123XPI................................... | ad No 93, 2010 |
am No 89, 2010 | |
rep No 128, 2015 | |
Subdivision DE.......................... | ad No 141, 2011 |
s 123XPJ................................... | ad No 141, 2011 |
Subdivision DF.......................... | ad No 50, 2012 |
s 123XPK.................................. | ad No 50, 2012 |
Subdivision DG......................... | ad No 50, 2012 |
rep No 96, 2014 | |
s 123XPL.................................. | ad No 50, 2012 |
rep No 96, 2014 | |
s 123XQ.................................... | ad No 130, 2007 |
s 123YA.................................... | ad No 130, 2007 |
am No 93, 2010 | |
s 123YB.................................... | ad No 130, 2007 |
s 123YC.................................... | ad No 130, 2007 |
am No 89, 2010; No 50, 2011 | |
s 123YD.................................... | ad No 130, 2007 |
am No 89, 2010; No 50, 2011 | |
s 123YE.................................... | ad No 130, 2007 |
am No 89, 2010; No 93, 2010; No 50, 2011; No 101, 2012 | |
s 123YF.................................... | ad No 130, 2007 |
am No 89, 2010; No 93, 2010; No 50, 2011; No 101, 2012 | |
s 123YG.................................... | ad No 130, 2007 |
am No 89, 2010; No 50, 2011 | |
s 123YH.................................... | ad No 130, 2007 |
am No 89, 2010; No 50, 2011 | |
s 123YI..................................... | ad No 130, 2007 |
am No 89, 2010;No 93, 2010; No 50, 2011; No 101, 2012 | |
s 123YJ..................................... | ad No 130, 2007 |
am No 89, 2010; No 93, 2010; No 50, 2011; No 101, 2012 | |
s 123YK.................................... | ad No 130, 2007 |
am No 89, 2010; No 50, 2011 | |
s 123YL.................................... | ad No 130, 2007 |
am No 89, 2010; No 50, 2011 | |
s 123YM................................... | ad No 130, 2007 |
am No 89, 2010; No 50, 2011 | |
s 123YN.................................... | ad No 130, 2007 |
am No 89, 2010; No 50, 2011 | |
s 123YO.................................... | ad No 130, 2007 |
am No 89, 2010; No 50, 2011 | |
s 123YP.................................... | ad No 130, 2007 |
am No 89, 2010; No 50, 2011 | |
s 123YQ.................................... | ad No 130, 2007 |
am Nos 89 and 93, 2010 | |
s 123YR.................................... | ad No 89, 2010 |
rs No 128, 2015 | |
s 123ZA.................................... | ad No 130, 2007 |
rep No 93, 2010 | |
s 123ZB.................................... | ad No 130, 2007 |
s 123ZC.................................... | ad No 130, 2007 |
am No 50, 2011 | |
s 123ZD.................................... | ad No 130, 2007 |
s 123ZDA................................. | ad No 102, 2012 |
s 123ZE.................................... | ad No 130, 2007 |
am No 50, 2011 | |
s 123ZEA.................................. | ad No 130, 2007 |
s 123ZEAA............................... | ad No 102, 2012 |
s 123ZEB.................................. | ad No 130, 2007 |
s 123ZF..................................... | ad No 130, 2007 |
am No 89, 2010; No 50, 2011 | |
s 123ZG.................................... | ad No 130, 2007 |
am No 89, 2010 | |
s 123ZH.................................... | ad No 130, 2007 |
am No 89, 2010; No 93, 2010 | |
rep No 101, 2012 | |
s 123ZI..................................... | ad No 130, 2007 |
am No 89, 2010 | |
s 123ZIA................................... | ad No 89, 2010 |
s 123ZJ..................................... | ad No 130, 2007 |
am No 89, 2010 | |
s 123ZJA................................... | ad No 128, 2015 |
s 123ZK.................................... | ad No 130, 2007 |
s 123ZL.................................... | ad No 130, 2007 |
am No 89, 2010 | |
s 123ZM................................... | ad No 130, 2007 |
am No 36, 2015 | |
s 123ZN.................................... | ad No 130, 2007 |
am No 128, 2015; No 136, 2020; No 39, 2022; No 47, 2023 | |
s 123ZNA................................. | ad No 89, 2010 |
am No 32, 2011 | |
s 123ZO.................................... | ad No 130, 2007 |
Part 3C...................................... | ad No 149, 2008 |
s 124......................................... | ad No 149, 2008 |
am No 102, 2012 | |
s 124A...................................... | ad No 149, 2008 |
am No 102, 2012 | |
s 124B....................................... | ad No 149, 2008 |
s 124C....................................... | ad No 149, 2008 |
s 124D...................................... | ad No 149, 2008 |
am No 17, 2018; No 142, 2021 | |
s 124E....................................... | ad No 149, 2008 |
am No 60, 2015 | |
ss 124F–124H, 124J................... | ad No 149, 2008 |
Division 3................................. | rs No 102, 2012 |
ss 124K–124N........................... | ad No 149, 2008 |
Division 3A............................... | ad No 102, 2012 |
s 124NA.................................... | ad No 102, 2012 |
s 124NB.................................... | ad No 102, 2012 |
s 124NC.................................... | ad No 102, 2012 |
s 124ND.................................... | ad No 102, 2012 |
s 124NE.................................... | ad No 102, 2012 |
s 124NF.................................... | ad No 102, 2012 |
s 124NG.................................... | ad No 102, 2012 |
s 124P....................................... | ad No 149, 2008 |
am No 102, 2012 | |
Division 5................................. | ad No 102, 2012 |
s 124PA.................................... | ad No 102, 2012 |
Part 3D heading......................... | rs No 136, 2020 |
rep No 39, 2022 | |
Part 3D...................................... | ad No 144, 2015 |
rep No 39, 2022 | |
s 124PB..................................... | ad No 144, 2015 |
rs No 136, 2020 | |
am No 136, 2020 | |
rep No 39, 2022 | |
s 124PC..................................... | ad No 144, 2015 |
am No 136, 2020 | |
rep No 39, 2022 | |
s 124PD.................................... | ad No 144, 2015 |
am No 3, 2018; No 26, 2018; No 110, 2018; No 45, 2019; No 22, 2020; No 97, 2020; No 107, 2020; No 136, 2020; No 14, 2022; No 39, 2022 | |
rep No 39, 2022 | |
s 124PE..................................... | ad No 144, 2015 |
am No 110, 2018 | |
rep No 39, 2022 | |
Subdivision A heading................ | rs No 136, 2020 |
rep No 39, 2022 | |
s 124PF..................................... | ad No 144, 2015 |
am No 3, 2018; No 110, 2018; No 45, 2019 | |
rs No 136, 2020 | |
rep No 39, 2022 | |
s 124PG.................................... | ad No 144, 2015 |
rs No 110, 2018 | |
am No 45, 2019; No 62, 2019; No 136, 2020; No 39, 2022 | |
rep No 39, 2022 | |
s 124PGA.................................. | ad No 110, 2018 |
am No 45, 2019; No 62, 2019; No 136, 2020; No 39, 2022 | |
rep No 39, 2022 | |
s 124PGB.................................. | ad No 110, 2018 |
am No 45, 2019; No 62, 2019; No 136, 2020; No 39, 2022 | |
rep No 39, 2022 | |
s 124PGC.................................. | ad No 110, 2018 |
am No 110, 2018; No 45, 2019; No 62, 2019, No 136, 2020; No 32, 2022; No 39, 2022 | |
rep No 39, 2022 | |
s 124PGD.................................. | ad No 136, 2020 |
am No 39, 2022 | |
rep No 39, 2022 | |
s 124PGE.................................. | ad No 136, 2020 |
am No 39, 2022 | |
rep No 39, 2022 | |
s 124PH.................................... | ad No 144, 2015 |
am No 110, 2018; No 136, 2020; No 39, 2022 | |
rep No 39, 2022 | |
Subdivision C............................ | ad No 45, 2019 |
rs No 62, 2019 | |
rep No 39, 2022 | |
s 124PHA.................................. | ad No 45, 2019 |
rs No 62, 2019 | |
am No 136, 2020; No 39, 2022 | |
rep No 39, 2022 | |
s 124PHB.................................. | ad No 62, 2019 |
am No 136, 2020; No 39, 2022 | |
rep No 39, 2022 | |
s 124PI...................................... | ad No 144, 2015 |
rep No 110, 2018 | |
s 124PJ...................................... | ad No 144, 2015 |
am No 110, 2018; No 129, 2020 | |
ed C138 | |
am No 136, 2020 | |
rep No 39, 2022 | |
s 124PK.................................... | ad No 144, 2015 |
am No 110, 2018; No 136, 2020 | |
rep No 39, 2022 | |
s 124PL..................................... | ad No 144, 2015 |
am No 136, 2020 | |
rep No 39, 2022 | |
s 124PM.................................... | ad No 144, 2015 |
am No 110, 2018 | |
rep No 39, 2022 | |
s 124PN.................................... | ad No 144, 2015 |
am No 136, 2020 | |
rep No 39, 2022 | |
s 124PO.................................... | ad No 144, 2015 |
am No 136, 2020 | |
rep No 39, 2022 | |
s 124POA.................................. | ad No 136, 2020 |
rep No 39, 2022 | |
s 124POB.................................. | ad No 136, 2020 |
rep No 39, 2022 | |
s 124POC.................................. | ad No 136, 2020 |
rep No 39, 2022 | |
s 124POD.................................. | ad No 136, 2020 |
rep No 39, 2022 | |
s 124PP..................................... | ad No 144, 2015 |
am No 136, 2020 | |
rep No 39, 2022 | |
s 124PQ.................................... | ad No 144, 2015 |
am No 110, 2018 | |
rep No 39, 2022 | |
s 124PQA.................................. | ad No 110, 2018 |
rep No 39, 2022 | |
s 124PR..................................... | ad No 144, 2015 |
rep No 39, 2022 | |
s 124PS..................................... | ad No 110, 2018 |
am No 136, 2020 | |
rep No 39, 2022 | |
Part 4 heading............................ | rs No 60, 2015 |
s 124 (2nd occurring) Renumbered s 124Q................... | No 149, 2008 |
s 125......................................... | am No 108, 2006 |
s 126......................................... | am No 45, 2000; No 80, 2001; No 76, 2013; No 13 and 98, 2014; No 60, 2015; No 38, 2024 |
s 126A...................................... | ad No 159, 2015 |
s 127......................................... | am No 35, 2003; No 73, 2008; No 5, 2011; No 13, 2014; No 169, 2015; No 136, 2020; No 39, 2022; No 47, 2023 |
s 128......................................... | am No 30, 2003; No 38, 2010; No 60, 2015; No 38, 2024 |
s 129......................................... | am No 45, 2000; No 80, 2001; No 30, 2003; No 38, 2010; No 5, 2011; No 32, 2011; No 141, 2011; No 76, 2013; No 13, 2014; No 98, 2014; No 143, 2015; No 169, 2015 |
s 131......................................... | am No 35, 2003; No 154, 2005; No 64, 2006; No 7, 2009; No 26, 2018 |
s 132......................................... | am No 35, 2003; Nos 64 and 108, 2006 |
s 132A...................................... | ad No 35, 2003 |
rep No 154, 2005 | |
s 133......................................... | rep No 154, 2005 |
s 134......................................... | rep No 154, 2005 |
s 134A...................................... | ad No 147, 2002 |
rep No 154, 2005 | |
s 135......................................... | am No 94, 2000; No 30, 2003; No 32, 2011; No 60, 2015 |
s 136......................................... | rs No 45, 2000 |
s 137......................................... | am No 60, 2015; No 38, 2024 |
s 138......................................... | am No 130, 2007; No 60, 2015; No 38, 2024 |
Division 3 heading..................... | rep No 60, 2015 |
Division 2A............................... | ad No 169, 2015 |
s 138A...................................... | ad No 169, 2015 |
s 138B....................................... | ad No 169, 2015 |
s 138C....................................... | ad No 169, 2015 |
s 138D...................................... | ad No 169, 2015 |
am No 38, 2024 | |
s 138E....................................... | ad No 169, 2015 |
am No 38, 2024 | |
s 138F....................................... | ad No 169, 2015 |
am No 38, 2024 | |
s 138G...................................... | ad No 169, 2015 |
s 138H...................................... | ad No 169, 2015 |
am No 38, 2024 | |
s 138J........................................ | ad No 169, 2015 |
am No 38, 2024 | |
Part 4A heading......................... | ad No 60, 2015 |
am No 38, 2024 | |
Subdivision A............................ | rep No 60, 2015 |
Subdivision B heading................ | rep No 60, 2015 |
Division 1 heading..................... | ad No 60, 2015 |
s 139......................................... | rs No 60, 2015 |
am No 38, 2024 | |
Division 2 heading..................... | ad No 60, 2015 |
am No 38, 2024 | |
Subdivision A heading................ | ad No 60, 2015 |
s 140......................................... | am No 45, 2000; No 80, 2001; No 147, 2002; No 35, 2003; No 64, 2006; No 7, 2009; No 76, 2013; No 13 and 98, 2014; No 60, 2015; No 32, 2022; No 38, 2024 |
s 140A...................................... | ad No 60, 2015 |
am No 26, 2018 | |
rs No 32, 2022 | |
s 141......................................... | am No 154, 2012 |
rep No 60, 2015 | |
Subdivision B heading................ | ad No 60, 2015 |
am No 38, 2024 | |
s 142......................................... | am No 45, 2000; No 32, 2011; No 60, 2015; No 38, 2024 |
s 142A...................................... | ad No 60, 2015 |
am No 38, 2024 | |
s 142B....................................... | ad No 38, 2024 |
s 143......................................... | am No 147, 2002; No 35, 2003; No 64, 2006; No 7, 2009 |
rs No 60, 2015 | |
am No 38, 2024 | |
s 144......................................... | am No 45, 2000; No 94, 2000; No 122, 2003; No 108, 2006; No 130, 2007; No 7, 2009; No 48, 2009; No 38, 2010; No 5, 2011; No 62, 2013; No 13, 2014; No 98, 2014; No 60, 2015; No 26, 2018; No 136, 2020; No 123, 2021; No 3, 2022; No 39, 2022; No 47, 2023; No 38, 2024 |
s 145......................................... | am No 35, 2003; No 64, 2006; No 7, 2009; No 154, 2012; No 60, 2015; No 26, 2018; No 38, 2024 |
s 146......................................... | am No 35, 2003; Nos 64 and 108, 2006 |
Subdivision C heading................ | rs No 38, 2024 |
Subdivision C............................ | ad No 60, 2015 |
s 146A...................................... | ad No 35, 2003 |
rep No 154, 2005 | |
s 147......................................... | rep No 154, 2005 |
ad No 60, 2015 | |
am No 3, 2022; No 32, 2022; No 38, 2024 | |
s 147A...................................... | ad No 38, 2024 |
s 147B....................................... | ad No 38, 2024 |
s 147C....................................... | ad No 38, 2024 |
Subdivision D heading................ | am No 38, 2024 |
Subdivision D............................ | ad No 60, 2015 |
s 148......................................... | rep No 154, 2005 |
ad No 60, 2015 | |
am No 38, 2024 | |
s 148A...................................... | ad No 147, 2002 |
rep No 154, 2005 | |
s 149......................................... | am No 147, 2002; No 35, 2003; No 64, 2006; No 183, 2007; No 7, 2009; No 32, 2011 |
rep No 60, 2015 | |
s 150......................................... | am No 147, 2002; No 35, 2003; No 64, 2006; No 7, 2009; No 32, 2011 |
rep No 60, 2015 | |
s 151......................................... | am No 94, 2000; No 147, 2002; Nos 35 and 122, 2003; No 64, 2006; No 7, 2009 |
rep No 60, 2015 | |
s 152......................................... | am No 147, 2002; No 35, 2003; No 64, 2006; No 7, 2009 |
rep No 60, 2015 | |
s 153......................................... | am No 147, 2002; No 35, 2003; No 64, 2006; No 7, 2009 |
rep No 60, 2015 | |
s 154......................................... | am No 32, 2011 |
rep No 60, 2015 | |
s 155......................................... | am No 154, 2012 |
rep No 60, 2015 | |
s 156......................................... | am No 45, 2000; No 8, 2007; No 38, 2010; No 32, 2011 |
rep No 60, 2015 | |
Division 4 heading..................... | rep No 60, 2015 |
Subdivision A............................ | rep No 60, 2015 |
s 157......................................... | am No 38, 2010; No 32, 2011 |
rep No 60, 2015 | |
s 158......................................... | am No 38, 2010; No 154, 2012 |
rep No 60, 2015 | |
s 159......................................... | am No 38, 2010 |
rep No 60, 2015 | |
s 160......................................... | am No 45, 2000; No 38, 2010 |
rep No 60, 2015 | |
Subdivision B heading................ | rs No 33, 2010 |
rep No 60, 2015 | |
Subdivision B............................ | am No 33, 2010 |
rep No 60, 2015 | |
s 160A...................................... | ad No 33, 2010 |
rep No 60, 2015 | |
s 161......................................... |
am Nos 33 and 38, 2010; No 154, 2012 | |
rep No 60, 2015 | |
s 162......................................... | am Nos 33 and 38, 2010 |
rep No 60, 2015 | |
s 163......................................... | am No 38, 2010 |
rep No 60, 2015 | |
Subdivision BA.......................... | ad No 33, 2010 |
rep No 60, 2015 | |
s 163A...................................... | ad No 33, 2010 |
am No 38, 2010; No 154, 2012 | |
rep No 60, 2015 | |
Subdivision BB heading.............. | ad No 33, 2010 |
rep No 60, 2015 | |
s 164......................................... | rep No 60, 2015 |
s 165......................................... | am No 38, 2010; No 60, 2015 |
rep No 3, 2022 | |
s 165A...................................... | ad No 38, 2010 |
rs No 60, 2015 | |
am No 3, 2022; No 38, 2024 | |
s 165B....................................... | ad No 38, 2010 |
rep No 60, 2015 | |
s 165C....................................... | ad No 38, 2010 |
rep No 60, 2015 | |
s 166......................................... | am No 38, 2010; No 60, 2015; No 26, 2018; No 38, 2024 |
Subdivision BC heading.............. | rs No 154, 2012 |
rep No 60, 2015 | |
Subdivision BC.......................... | ad No 38, 2010 |
rep No 60, 2015 | |
s 166A...................................... | ad No 38, 2010 |
am No 154, 2012 | |
rep No 60, 2015 | |
s 166B....................................... | ad No 38, 2010 |
am No 154, 2012 | |
rep No 60, 2015 | |
Subdivision C heading................ | rep No 60, 2015 |
s 167......................................... | am No 154, 2012 |
rep No 60, 2015 | |
s 168......................................... | am No 38, 2010; No 60, 2015 |
rs No 38, 2024 | |
s 169......................................... | am No 38, 2010 |
rep No 154, 2012 | |
Subdivision D heading................ | rep No 60, 2015 |
s 170......................................... | am No 154, 2012 |
rep No 60, 2015 | |
s 171......................................... | am No 38, 2010 |
rs No 154, 2012 | |
rep No 60, 2015 | |
s 172......................................... | am No 38, 2010 |
rs No 154, 2012 | |
rep No 60, 2015 | |
s 173......................................... | rs No 38, 2010 |
rep No 60, 2015 | |
s 174......................................... | am No 38, 2010 |
rep No 60, 2015 | |
s 175......................................... | am No 45, 2000; No 30, 2003; No 38, 2010; No 154, 2012; No 13, 2014 |
rep No 60, 2015 | |
s 176......................................... | am No 60, 2015; No 38, 2024 |
Subdivision E............................ | rep No 60, 2015 |
s 177......................................... | am No 82, 2007; No 33, 2010; No 38, 2010 |
rs No 60, 2015 | |
am No 38, 2024 | |
Subdivision F............................. | ad No 38, 2010 |
rep No 60, 2015 | |
s 177A...................................... | ad No 38, 2010 |
rep No 60, 2015 | |
Subdivision G............................ | ad No 154, 2012 |
rep No 60, 2015 | |
s 177B....................................... | ad No 154, 2012 |
rep No 60, 2015 | |
s 177C....................................... | ad No 154, 2012 |
rep No 60, 2015 | |
s 177D...................................... | ad No 154, 2012 |
rep No 60, 2015 | |
s 178......................................... | am No 45, 2000; No 76, 2013; No 13 and 98, 2014 |
rs No 60, 2015 | |
rep No 38, 2024 | |
Division 5................................. | rep No 60, 2015 |
Division 3................................. | ad No 60, 2015 |
rep No 38, 2024 | |
s 179......................................... | am No 45, 2000 |
rs No 60, 2015 | |
rep No 38, 2024 | |
s 180......................................... | rs No 60, 2015 |
am No 132, 2015 | |
rep No 38, 2024 | |
Division 4 heading..................... | rep No 38, 2024 |
Division 4................................. | ad No 60, 2015 |
s 181......................................... | rs No 60, 2015 |
am No 38, 2024 | |
s 182......................................... | rs No 60, 2015 |
am No 38, 2024 | |
s 183......................................... | rs No 60, 2015 |
am No 38, 2024 | |
s 184......................................... | rep No 60, 2015 |
s 185......................................... | rep No 60, 2015 |
s 186......................................... | am No 32, 2011; No 98, 2014 |
rep No 60, 2015 | |
s 187......................................... | am No 38, 2010 |
rep No 60, 2015 | |
s 188......................................... | rep No 60, 2015 |
s 189......................................... | rep No 60, 2015 |
s 190......................................... | rep No 94, 2000 |
s 191......................................... | am No 26, 2018 |
s 191A...................................... | ad No 26, 2018 |
s 192......................................... | am No 30, 2003; No 122, 2003; No 130, 2007; No 7, 2009; No 26, 2018; No 136, 2020; No 39, 2022 |
s 193......................................... | am No 13, 2014; No 26, 2018 |
s 194......................................... | am No 13, 2014 |
rs No 26, 2018 | |
s 195......................................... | am No 156, 2006; No 130, 2007; No 149, 2008; No 17, 2010; No 102, 2012; No 144, 2015; No 74, 2016; No 33, 2017; No 39, 2022; No 36, 2023 |
s 196......................................... | am No 26, 2018 |
s 197......................................... | am No 137, 2001 |
s 197A...................................... | ad No 26, 2018 |
s 197B....................................... | ad No 26, 2018 |
s 198......................................... | am No 26, 2018 |
s 200......................................... | am No 137, 2001 |
s 201......................................... | am No 38, 2024 |
s 201A...................................... | ad No 122, 2003 |
am No 13, 2014; No 17, 2020 | |
s 202......................................... | am No 45, 2000; No 35, 2003; No 154, 2005; No 108, 2006; No 130, 2007; No 42, 2008; No 149, 2008; No 58, 2009; No 17, 2010; No 32, 2011; No 34, 2011; No 102, 2012; No 197, 2012; No 13, 2014; No 112, 2015; No 126, 2015; No 144, 2015; No 47, 2016; No 74, 2016; No 46, 2018; No 17, 2020; No 141, 2021; No 39, 2022 |
s 202A...................................... | ad No 17, 2020 |
s 203......................................... | am No 137, 2001; No 13, 2014; No 4, 2016; No 17, 2020 |
s 204......................................... | am No 137, 2001; No 30, 2003; No 13, 2014; No 4, 2016; No 17, 2020 |
s 204A...................................... | ad No 94, 2000 |
am No 26, 2018 | |
s 204B....................................... | ad No 141, 2011 |
rep No 143, 2015 | |
s 205......................................... | am No 137, 2001; No 4, 2016 |
s 206......................................... | am No 13, 2014; No 4, 2016 |
s 207......................................... | am No 45, 2000; No 13, 2014; No 107, 2020 |
s 208......................................... | am No 45, 2000; No 95, 2002; Nos 32 and 79, 2011; No 13, 2014; No 107, 2020 |
s 208A...................................... | ad No 141, 2008 |
s 209......................................... | am No 30, 2003; No 108, 2006 |
rs No 79, 2011 | |
s 212......................................... | rs No 137, 2001 |
am No 82, 2006 | |
s 213......................................... | rs No 137, 2001 |
am No 107, 2020 | |
s 214......................................... | rs No 137, 2001 |
am No 107, 2020 | |
s 215......................................... | am No 137, 2001 |
s 216......................................... | rs No 137, 2001 |
s 217......................................... | am No 4, 2016 |
s 223......................................... | am No 61, 2016 |
Division 5................................. | rs No 137, 2001 |
s 226......................................... | rep No 137, 2001 |
s 227......................................... | rep No 137, 2001 |
s 228......................................... | rs No 137, 2001 |
am No 4, 2010 | |
Subdivision B............................ | rep No 137, 2001 |
ss 229, 230................................ | rep No 137, 2001 |
s 234......................................... | am No 94, 2000; No 30, 2003; No 154, 2005; No 64, 2006; No 32, 2011 |
s 238......................................... | am No 44, 2000; No 75, 2001; No 141, 2011; No 143, 2015; No 169, 2015 |
s 240......................................... | am No 30, 2003 |
s 240A...................................... | ad No 80, 2001 |
am No 110, 2015; No 46, 2017 | |
s 240B....................................... | ad No 80, 2001 |
am No 18, 2001; No 108, 2006; No 113, 2007 | |
s 240C....................................... | ad No 80, 2001 |
am No 110, 2015; No 46, 2017 | |
s 242......................................... | am No 30, 2003; No 32, 2022 |
s 243......................................... | am No 108, 2006 |
s 243AA.................................... | ad No 47, 2023 |
s 243A...................................... | ad No 42, 2017 |
s 243B....................................... | ad No 47, 2023 |
s 253......................................... | rep No 60, 2015 |
s 254......................................... | rep No 60, 2015 |
Part 9......................................... | rep No 192, 1999 |
ss 258–260................................ | rep No 192, 1999 |
c 1............................................. | am No 45, 2000; No 80, 2001; No 30, 2003; No 130, 2007; Nos 19 and 149, 2008; Nos 7 and 58, 2009; Nos 5 and 58, 2011; Nos 102 and 154, 2012; No 62, 2013; No 13, 2014; No 131, 2014; No 60, 2015; No 144, 2015; No 26, 2018; No 87, 2018 |
ed C128 | |
am No 74, 2019; No 104, 2019; No 123, 2021; No 32, 2022; No 38, 2024 | |
c 2............................................. | am No 80, 2001 |
c 3............................................. | am No 80, 2001; No 110, 2015; No 46, 2017; No 26, 2018 |
c 4............................................. | am No 45, 2000; No 52, 2012; No 26, 2018 |
c 4A.......................................... | ad No 26, 2018 |
am No 26, 2018 | |
c 5............................................. | am No 154, 2005; No 64, 2006; No 149, 2008; No 7, 2009; No 102, 2012; No 26, 2018 |
c 5A.......................................... | ad No 7, 2009 |
am No 26, 2018 | |
c 13........................................... | am No 82, 2006 |
c 14........................................... | rep No 47, 2016 |
c 14A........................................ | ad No 109, 2004 |
rep No 47, 2016 | |
c 15........................................... | rs No 147, 2002 |
am No 30, 2003; No 64, 2006; No 26, 2018 | |
c 15A........................................ | ad No 45, 2009 |
c 16........................................... | am No 36, 2006 |
rep No 55, 2016 | |
c 17........................................... | am No 36, 2006 |
rep No 55, 2016 | |
cc 20–27................................... | rep No 45, 2000 |
c 28........................................... | am No 26, 2018 |
cc 31, 32.................................... | am No 70, 2000 |
c 33........................................... | rep No 26, 2018 |
c 36........................................... | rep No 45, 2000 |
Division 4................................. | ad No 80, 2001 |
c 37........................................... | ad No 80, 2001 |
Schedule 3................................. | rep No 60, 2015 |
c 1............................................. | am No 38, 2010; No 154, 2012 |
rep No 60, 2015 | |
c 2............................................. | am No 38, 2010 |
rep No 60, 2015 | |
c 3............................................. | am No 38, 2010 |
rep No 60, 2015 | |
c 4............................................. | am No 33, 2010 |
rep No 60, 2015 | |
c 5............................................. | rep No 60, 2015 |
c 6............................................. | am No 38, 2010; No 46, 2011 |
rep No 60, 2015 | |
c 7............................................. | am No 38, 2010; No 46, 2011; No 154, 2012 |
rep No 60, 2015 | |
c 8............................................. | am No 38, 2010 |
rep No 60, 2015 | |
c 9............................................. | am No 46, 2011 |
rep No 60, 2015 | |
c 10........................................... | am No 38, 2010; No 154, 2012 |
rep No 60, 2015 | |
c 11........................................... | rep No 60, 2015 |
c 12........................................... | am No 8, 2007; No 38, 2010; No 154, 2012 |
rep No 60, 2015 | |
c 12A........................................ | ad No 154, 2012 |
rep No 60, 2015 | |
c 12B......................................... | ad No 154, 2012 |
rep No 60, 2015 | |
c 13........................................... | rep No 60, 2015 |
c 14........................................... | am No 146, 1999; No 38, 2010 |
rep No 60, 2015 | |
c 15........................................... | am No 38, 2010 |
rep No 60, 2015 | |
c 16........................................... | rep No 60, 2015 |
c 17........................................... | am No 26, 2008; No 38, 2010; No 58, 2011 |
rep No 60, 2015 | |
c 18........................................... | am No 38, 2010 |
rep No 60, 2015 | |
c 19........................................... | am No 45, 2000; No 154, 2012 |
rep No 60, 2015 | |
c 19A........................................ | ad No 154, 2012 |
rep No 60, 2015 | |
c 20........................................... | am No 45, 2000; No 146, 2006; No 82, 2007; No 38, 2010; No 154, 2012 |
rep No 60, 2015 | |
c 21........................................... | am No 38, 2010 |
rep No 60, 2015 | |
c 22........................................... | am No 108, 2006; No 38, 2010 |
rep No 60, 2015 | |
c 23........................................... | rep No 60, 2015 |
c 24........................................... | am No 146, 1999 |
rep No 60, 2015 | |
c 25........................................... | am No 38, 2010 |
rep No 60, 2015 | |
Schedule 4................................. | am No 38, 2010; No 154, 2012 |
rep No 60, 2015 | |
Schedule 5 heading..................... | rs No 32, 2011 |
c 1............................................. | am No 32, 2011 |
c 2............................................. | am No 108, 2006; No 32, 2011; No 126, 2015 |
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