Social Security (Administration) Amendment (Continuation of Cashless Welfare) Act 2020 (Cth)
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 Legislation 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 series page on the Legislation 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 series page on the Legislation 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 is the
Social Security (Administration) Amendment (Continuation of Cashless Welfare) Act 2020 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 17 December 2020 |
Schedule 1, Part 1 | The day after this Act receives the Royal Assent. | 18 December 2020 |
Schedule 1, Part 2 | The day after the end of the period of 3 months beginning on the day this Act receives the Royal Assent. | 17 March 2021 |
Schedule 1, items 101 to 113 | 8 March 2021. | 8 March 2021 |
Schedule 1, item 114 | The day after this Act receives the Royal Assent. | 18 December 2020 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Omit “trial participant”, substitute “program participant”.
Omit “trial participant”, substitute “program participant”.
Omit “1 July 2020”, substitute “1 January 2022”.
Repeal the heading, substitute:
Repeal the section, substitute:
This Part provides for cashless welfare arrangements. Recipients of certain welfare payments are subject to these arrangements.
Certain welfare payments are divided into restricted and unrestricted portions, with recipients being unable to spend the restricted portions of such payments on alcohol or gambling. The amount of each portion may be varied if a community body gives a direction to the Secretary reflecting an agreement between the community body and the recipient.
Other recipients of certain welfare payments may voluntarily opt in to these cashless welfare arrangements.
Omit “to trial”, substitute “to administer”.
Repeal the paragraphs, substitute:
(b) support program participants and voluntary participants with their budgeting strategies; and
Insert:
program area means the following:
(a) the Ceduna area;
(b) the East Kimberley area;
(c) the Goldfields area;
(d) the Bundaberg and Hervey Bay area;
other than any part of such an area determined in an instrument under subsection (2).
program participant : see sections 124PG to 124PGC.
11
Subsection 124PD(1) (paragraph (a) of the definition of restrictable payment ) Omit “trial participant”, substitute “program participant”.
Repeal the definition.
13
Subsection 124PD(1) (definition of trial participant ) Repeal the definition.
Omit “
trial area ”, substitute “program area ”.
15
Subdivision A of Division 2 of Part 3D (heading) Repeal the heading, substitute:
Repeal the section, substitute:
(1) This Part ceases to have effect at the end of 31 December 2022.
(2) Despite subsection (1), at any time before 1 July 2023, the Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to that cessation.
(3) The rules must not provide for the crediting of amounts to welfare restricted bank accounts after 31 December 2022.
(4) For a person who was a program participant under section 124PGE immediately before that cessation, the rules may make provision for and in relation to that person becoming subject to the income management regime under Part 3B on and after 1 January 2023.
(5) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
Repeal the heading, substitute:
Omit “
trial participant ”, substitute “program participant ”.
Omit “trial participant”, substitute “program participant”.
Repeal the heading, substitute:
Omit “
trial participant ”, substitute “program participant ”.
Omit “trial participant”, substitute “program participant”.
Repeal the heading, substitute:
Omit “
trial participant ”, substitute “program participant ”.
Omit “trial participant”, substitute “program participant”.
Repeal the heading, substitute:
Omit “
trial participant ”, substitute “program participant ”.
Omit “trial participant”, substitute “program participant”.
Omit “is within a trial area”, substitute “is, becomes or was within a program area”.
Omit “trial participant”, substitute “program participant”.
Omit “trial participant” (wherever occurring), substitute “program participant”.
Repeal the subsection, substitute:
(3) If an officer or employee of a State or Territory, or of an agency or body of a State or Territory, considers that it is necessary for the person who is the subject of a determination under subsection (1) to be a program participant for medical or safety reasons relating to the person or the person’s dependents, the officer or employee may request the Secretary to reconsider the determination.
(3A) If the Secretary receives such a request and the Secretary is no longer satisfied of the matter in subsection (1), the Secretary must revoke the determination.
(3B) Subsection (3A) does not prevent the Secretary from making another determination under subsection (1).
Omit “the trial of cashless welfare arrangements”, substitute “cashless welfare arrangements under this Part”.
Omit “trial participant”, substitute “program participant”.
Repeal the heading, substitute:
Minister’s instruments
Omit “trial participants”, substitute “program participants”.
Insert:
(7A) The Secretary must, in deciding whether the Secretary is satisfied as mentioned in subsection (3), comply with any decision‑making principles determined in an instrument under subsection (7B).
(7B) The Minister may, by legislative instrument, determine decision‑making principles for the purposes of subsection (7A).
Omit “trial participant”, substitute “program participant”.
Insert:
(9A) If the Secretary ceases to be satisfied as mentioned in subsection (3), the Secretary must revoke the determination.
Omit “Subsection (9) does”, substitute “Subsections (9) and (9A) do”.
Omit “trial participant”, substitute “program participant”.
Omit “trial participant” (wherever occurring), substitute “program participant”.
Omit “trial participant”, substitute “program participant”.
Omit “trial participant”, substitute “program participant”.
Omit “trial participant”, substitute “program participant”.
Omit “trial participant”, substitute “program participant”.
Repeal the heading, substitute:
Omit “trial of the cashless welfare arrangements mentioned in section 124PF”, substitute “extent to which the operation of this Part has achieved the objects mentioned in section 124PC”.
(1) A person who was a trial participant immediately before the commencement of this item is taken on and after that commencement to be a program participant.
(2) A person who was a voluntary participant immediately before the commencement of this item is taken on and after that commencement to be a voluntary participant.
(3) Subitems (1) and (2) do not prevent a person ceasing to be a program participant or a voluntary participant on or after the commencement of this item.
(4) The amendment of paragraph 124PH(1)(b) of the
Social Security (Administration) Act 1999 made by this Part applies in relation to a person regardless of whether the person’s usual place of residence occurred within a program area before, on or after the commencement of this item.(5) Subsections 124PHA(3) and (3A) of the
Social Security (Administration) Act 1999 , as substituted by this Part, apply in relation to a determination made under subsection 124PHA(1) of that Act before, on or after the commencement of this item.(6) An application under subsection 124PHB(1) of the
Social Security (Administration) Act 1999 that was pending immediately before the commencement of this item is taken on and after that commencement to be an application under that subsection as amended by this Part.(7) Subsection 124PHB(7A) of the
Social Security (Administration) Act 1999 , as inserted by this Part, applies in relation to a decision on an application under subsection 124PHB(1) of that Act, where the decision is made on or after the commencement of this item.(8) A request under subsection 124PHB(8) of the
Social Security (Administration) Act 1999 that was pending immediately before the commencement of this item is taken on and after that commencement to be a request under that subsection as amended by this Part.(9) Subsection 124PHB(9A) of the
Social Security (Administration) Act 1999 , as inserted by this Part, applies in relation to a determination made under subsection 124PHB(3) of that Act before, on or after the commencement of this item.(10) A determination in effect under subsection 124PJ(3) of the
Social Security (Administration) Act 1999 immediately before the commencement of this item in relation to a person who was a trial participant continues in effect on and after that commencement in relation to the person as a program participant.(11) A direction in effect under subsection 124PK(1) of the
Social Security (Administration) Act 1999 immediately before the commencement of this item in relation to a person who was a trial participant continues in effect on and after that commencement in relation to the person as a program participant.(12) An instrument in force under subsection 124PP(1) of the
Social Security (Administration) Act 1999 immediately before the commencement of this item continues in force on and after that commencement as if it had been made under that subsection as amended by this Part.
49A Section 123TC (paragraph (b) of the definition of excluded Part 3B payment nominee ) Repeal the paragraph, substitute:
(b) a Part 3B payment nominee who:
(i) is not subject to the income management regime; and
(ii) is not a program participant under Part 3D.
Add:
Relationship with Part 3D
(4) If a person becomes a program participant under section 124PGD on a day (the
trigger day ), the following apply:
(a) despite any other provision of this Part, the Secretary may, on a day (the
transfer day ) before the end of 60 days beginning on the trigger day, pay, to the credit of a welfare restricted bank account (within the meaning of Part 3D) maintained by the person, an amount equal to the credit balance (if any) of the person’s income management account as at the end of the day before the transfer day;(b) immediately after any such payment:
(i) the Income Management Record is debited by an amount equal to the payment; and
(ii) the person’s income management account is debited by an amount equal to the payment;
(c) if the person is subject to the income management regime under subsection (1) on the day before the trigger day—the person ceases to be subject to the income management regime under subsection (1) on the trigger day.
Insert:
(3A) If:
(a) a voluntary income management agreement in relation to a person is in force; and
(b) the person’s usual place of residence is within the Northern Territory;
the Secretary may, by written notice given to the person, terminate the agreement. The termination takes effect on a day specified in the notice (which must not be earlier than the day on which the notice is given).
Add:
(1) This section applies if a person becomes a program participant under section 124PGE on a day (the
trigger day ).(2) Despite any other provision of this Part, the Secretary may, on a day (the
transfer day ) before the end of 60 days beginning on the trigger day, pay, to the credit of a welfare restricted bank account (within the meaning of Part 3D) maintained by the person, an amount equal to the credit balance (if any) of the person’s income management account as at the end of the day before the transfer day.(3) Immediately after any such payment:
(a) the Income Management Record is debited by an amount equal to the payment; and
(b) the person’s income management account is debited by an amount equal to the payment.
(4) Subject to subsection (5) and despite any other provision of this Part, the person is not subject to the income management regime under any provision of this Part on or after the trigger day and before 1 January 2023.
(5) Subsection (4) does not apply in relation to the person and a day if:
(a) the person is not a program participant under section 124PGE on that day; and
(b) the person’s usual place of residence is not within the Northern Territory on that day.
Insert:
(aa) making payments under paragraph 123UF(4)(a) or subsection 123UP(2); and
Omit “The amount of each portion may be varied if a community body gives a direction to the Secretary reflecting an agreement between the community body and the recipient.”, substitute “For certain recipients, the amount of each portion may be varied by the Minister or Secretary. For certain recipients, a community body may give a direction to the Secretary to vary each portion that reflects agreements between the community body and the recipients.”.
Insert:
Cape York area means the area determined in an instrument under subsection (1A).
category E welfare payment has the same meaning as in Part 3B.
category P welfare payment has the same meaning as in Part 3B.
child protection officer has the same meaning as in Part 3B.
eligible recipient has the same meaning as in Part 3B.
Part 3B payment nominee has the same meaning as in Part 3B.
56
Subsection 124PD(1) (after paragraph (d) of the definition of program area ) Insert:
(e) the Cape York area;
(f) the Northern Territory;
57
Subsection 124PD(1) (definition of program area ) After “any part of such an area”, insert “, or any part of the Northern Territory,”.
58
Subsection 124PD(1) (definition of program participant ) Omit “124PGC”, substitute “124PGE”.
Insert:
Queensland Commission has the same meaning as in Part 3B.
recognised State/Territory authority has the same meaning as in Part 3B.
60
Subsection 124PD(1) (paragraph (a) of the definition of restrictable payment ) After “in relation to a program participant”, insert “under section 124PG, 124PGA, 124PGB or 124PGC”.
61
Subsection 124PD(1) (after paragraph (a) of the definition of restrictable payment ) Insert:
(aa) in relation to a program participant under section 124PGD or 124PGE, means:
(i) a payment of a kind listed in paragraph (a); or
(ii) an age pension; or
(iii) a social security bereavement payment in relation to an age pension under Division 9 of Part 2.2 of the 1991 Act; or
(iv) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homeland Learning Centre; or
Insert:
vulnerable welfare payment recipient has the same meaning as in Part 3B.
Insert:
(1A) The Minister may, by notifiable instrument, determine an area for the purposes of the definition of
Cape York area in subsection (1).
After “a part of an area”, insert “, or a part of the Northern Territory,”.
Add:
(3) Despite subsection 14(2) of the
Legislation Act 2003 , a notifiable instrument under subsection (1A) or (2) of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
Repeal the paragraph, substitute:
(d) if the person has a Part 3B payment nominee—that nominee is a program participant or is subject to the income management regime under Part 3B; and
Repeal the paragraph.
Repeal the paragraph, substitute:
(d) if the person has a Part 3B payment nominee—that nominee is a program participant or is subject to the income management regime under Part 3B; and
Repeal the paragraph.
Repeal the paragraph, substitute:
(d) if the person has a Part 3B payment nominee—that nominee is a program participant or is subject to the income management regime under Part 3B; and
Repeal the paragraph.
Repeal the paragraph, substitute:
(d) if the person has a Part 3B payment nominee—that nominee is a program participant or is subject to the income management regime under Part 3B; and
Repeal the paragraph.
74
At the end of Subdivision A of Division 2 of Part 3D Add:
(1) A person is a
program participant if:
(a) the person’s usual place of residence is, becomes or was within the Cape York area; and
(b) the person, or the person’s partner, is an eligible recipient of a category P welfare payment; and
(c) a written notice given under a law of Queensland from the Queensland Commission to the Secretary requiring that the person be a program participant under this section is in force; and
(d) if the person has a Part 3B payment nominee—that nominee is a program participant or is subject to the income management regime under Part 3B.
(2) To avoid doubt, if a person’s usual place of residence becomes within the Cape York area and subsection (1) applies to the person, the person is a program participant on and after the day that the person’s usual place of residence becomes within the Cape York area.
(1) A person is a
program participant if:
(a) the person’s usual place of residence is, becomes or was within the Northern Territory; and
(b) the person is an eligible recipient of a category E welfare payment; and
(c) the person has not reached pension age; and
(d) if the person has a Part 3B payment nominee—that nominee is a program participant or is subject to the income management regime under Part 3B; and
(e) the person is not undertaking full‑time study (as defined by section 541B of the 1991 Act); and
(f) the person has made a request under subsection (4A) to become a program participant under this section; and
(fa) the Secretary has given the person a notice under subsection (5) stating that the person is a program participant under this section and the notice is in force; and
(fb) one of the following applies:
(i) the person was subject to the income management regime under section 123UCB or 123UCC on the day before the notice given by the Secretary under subsection (5) of this section came into force;
(ii) the person has previously been a program participant under subsection (2) of this section and a notice of a kind referred to in paragraph (2)(d) of this section is not in force in relation to the person;
(iii) the person has previously been a program participant under subsection (3) of this section but is no longer such a participant; and
(g) the person is not covered by a determination under subsection 124PHA(1); and
(h) the person is not covered by a determination under subsection 124PHB(3).
(2) A person is a
program participant if:
(a) the person’s usual place of residence is, becomes or was within the Northern Territory; and
(b) the person, or the person’s partner, is an eligible recipient of a category P welfare payment; and
(c) the person has not reached pension age; and
(d) a child protection officer of the Northern Territory, or an officer or employee of a recognised State/Territory authority of the Northern Territory, gives the Secretary a written notice requiring that the person be a program participant under this section and the notice is in force; and
(e) the notice is given:
(i) under a law (whether written or unwritten) in force in the Northern Territory (other than a law of the Commonwealth); or
(ii) in the exercise of the executive power of the Northern Territory; and
(f) if the person has a Part 3B payment nominee—that nominee is a program participant or is subject to the income management regime under Part 3B; and
(g) the person is not undertaking full‑time study (as defined by section 541B of the 1991 Act); and
(h) the person has made a request under subsection (4A) to become a program participant under this section; and
(ha) the Secretary has given the person a notice under subsection (5) stating that the person is a program participant under this section and the notice is in force; and
(hb) the person was subject to the income management regime under section 123UC or 123UFAA on the day before the notice given by the Secretary under subsection (5) of this section came into force; and
(i) the person is not covered by a determination under subsection 124PHA(1); and
(j) the person is not covered by a determination under subsection 124PHB(3).
(3) A person is a
program participant if:
(a) the person’s usual place of residence is, becomes or was within the Northern Territory; and
(b) the person is an eligible recipient of a category P welfare payment; and
(c) the person has not reached pension age; and
(d) the person is a vulnerable welfare payment recipient; and
(e) if the person has a Part 3B payment nominee—that nominee is a program participant or is subject to the income management regime under Part 3B; and
(f) the person is not undertaking full‑time study (as defined by section 541B of the 1991 Act); and
(g) the person has made a request under subsection (4A) to become a program participant under this section; and
(ga) the Secretary has given the person a notice under subsection (5) stating that the person is a program participant under this section and the notice is in force; and
(gb) the person was subject to the income management regime under section 123UCA on the day before the notice given by the Secretary under subsection (5) of this section came into force; and
(h) the person is not covered by a determination under subsection 124PHA(1); and
(i) the person is not covered by a determination under subsection 124PHB(3).
(4) To avoid doubt, if a person’s usual place of residence becomes within the Northern Territory and subsection (1), (2) or (3) applies to the person, the person is a program participant on and after the day that the person’s usual place of residence becomes within the Northern Territory.
Person’s request
(4A) A person may make a request to the Secretary to become a program participant under this section.
(4B) A request under subsection (4A) cannot be withdrawn or revoked.
Secretary’s notice
(5) The Secretary may give a person a written notice stating that the person is a program participant under this section. The notice comes into force on a day specified in the notice (which must not be earlier than the day on which the notice is given).
Note: The Secretary may give more than one notice to a person (see subsection 33(1) of the
Acts Interpretation Act 1901 ).(6) The Secretary may revoke the notice. The Secretary must notify the person of the revocation.
(7) A notice under subsection (5) is not a legislative instrument.
Continuity of requests and notices
(8) If:
(a) a person makes a request under subsection (4A); or
(b) the Secretary gives a person a notice under subsection (5) and has not revoked the notice;
the continuity of the request or notice is not affected by the person ceasing to be a program participant under subsection (1), (2) or (3) for a period.
Omit “(except the Bundaberg and Hervey Bay area)”.
Repeal the paragraph, substitute:
(ba) if the person has a Part 3B payment nominee—that nominee is a program participant or is subject to the income management regime under Part 3B; and
Repeal the paragraph.
Add:
(5) A determination under subsection (1) has no effect in relation to section 124PGD (Cape York area).
Add “if the person is a program participant under section 124PG, 124PGA, 124PGB, 124PGC or 124PGE”.
Repeal the subsection, substitute:
Form of application
(2) The application must:
(a) be made in writing using a form approved by the Secretary; and
(b) be accompanied by the documents and other information required by the form.
Insert:
(3A) If:
(a) the person has a disability or the person provides care to one or more other persons (other than as a parent); and
(b) the Secretary is satisfied that, because of that disability or the provision of that care, the person is unable to demonstrate reasonable and responsible management of the person’s affairs (including financial affairs), taking into account all of the matters referred to in paragraph (3)(a); and
(c) the Secretary is satisfied that the person has reasonable and responsible management of the person’s affairs (including financial affairs), taking into account all of those matters;
then paragraph (3)(a) is taken to have been met in relation to the person.
Insert:
(4A) If the Secretary has not made a decision on a person’s application at the end of the period of 60 days beginning on the day after subsection (2) is satisfied in relation to the application, then the Secretary is taken to have made a determination under subsection (3) that the person is not a program participant.
After “subsection (3)”, insert “(including because of the operation of subsection (4A))”.
Insert:
Payments by instalments
Omit “program participant or voluntary participant”, substitute “person who is a program participant under section 124PG, 124PGA, 124PGB or 124PGC or who is a voluntary participant”.
Repeal the paragraphs, substitute:
(a) the following percentage of the gross amount of the payment is restricted (the
restricted portion ):
(i) for a person who is a program participant under section 124PG, 124PGA, 124PGB or 124PGC—80%;
(ii) for a person who is a voluntary participant and whose usual place of residence is not within the Northern Territory—80%;
(iii) for a person who is a voluntary participant and whose usual place of residence is within the Northern Territory—50%; and
(b) the following percentage of the gross amount of the payment is unrestricted (the
unrestricted portion ):
(i) for a person who is a program participant under section 124PG, 124PGA, 124PGB or 124PGC—20%;
(ii) for a person who is a voluntary participant and whose usual place of residence is not within the Northern Territory—20%;
(iii) for a person who is a voluntary participant and whose usual place of residence is within the Northern Territory—50%.
Add:
Note: The percentages may be varied under subsection (3) or section 124PK.
Insert:
(1A) If an instalment of a restrictable payment is payable to a person who is a program participant under section 124PGD:
(a) the percentage of the gross amount of the payment that is restricted (the
restricted portion ) is:
(i) if the notice referred to in paragraph 124PGD(1)(c) specifies a percentage for the purposes of this subparagraph—that percentage; or
(ii) otherwise—50%; and
(b) the percentage of the gross amount of the payment that is unrestricted (the
unrestricted portion ) is:
(i) if subparagraph (a)(i) applies—a percentage that is equal to 100% minus the percentage applicable under that subparagraph; or
(ii) otherwise—50%.
Note: The percentages may be varied under subsection (3).
(1B) If an instalment of a restrictable payment is payable to a person who is a program participant under subsection 124PGE(1):
(a) 50% of the gross amount of the payment is restricted (the
restricted portion ); and(b) 50% of the gross amount of the payment is unrestricted (the
unrestricted portion ).Note: The percentages may be varied under subsection (2A) or (3).
(1C) If an instalment of a restrictable payment is payable to a person who is a program participant under subsection 124PGE(2):
(a) 70% of the gross amount of the payment is restricted (the
restricted portion ); and(b) 30% of the gross amount of the payment is unrestricted (the
unrestricted portion ).Note: The percentages may be varied under subsection (2B) or (3).
(1D) If an instalment of a restrictable payment is payable to a person who is a program participant under subsection 124PGE(3):
(a) 50% of the gross amount of the payment is restricted (the
restricted portion ); and(b) 50% of the gross amount of the payment is unrestricted (the
unrestricted portion ).Note: The percentages may be varied under subsection (2B) or (3).
Insert:
Payments otherwise than by instalments
Add:
Note: The percentage may be varied under subsection (3).
Insert:
Variation by Minister—Northern Territory program participants
(2A) The Minister may, by legislative instrument, make a determination that, for persons who are program participants under subsection 124PGE(1) and whose usual place of residence is, becomes or was within an area specified in the instrument:
(a) varies the percentage amount in paragraph (1B)(a) to a percentage that is higher than 50% and is less than or equal to 80%; and
(b) varies the percentage amount in paragraph (1B)(b) to a percentage that is below 50%.
(2B) The Minister may, by legislative instrument, make a determination that, for persons who are program participants under subsection 124PGE(2) or (3):
(a) varies the percentage amount in paragraph (1C)(a) or (1D)(a) to a percentage (not exceeding 80% and including 0%) specified in the instrument; and
(b) varies the percentage amount in paragraph (1C)(b) or (1D)(b) to a percentage (not exceeding 100%) specified in the instrument.
(2C) A determination under subsection (2A) or (2B) has no effect in relation to a program participant during the period a determination under subsection (3) is in effect in relation to the program participant.
Insert:
Variation by Secretary
Omit “the”, substitute “a”.
Omit “in paragraph (1)(a)”, substitute “under paragraph (1)(a), (1A)(a), (1B)(a), (1C)(a) or (1D)(a)”.
Omit “the”, substitute “a”.
Omit “in paragraph (1)(b)”, substitute “under paragraph (1)(b), (1A)(b), (1B)(b), (1C)(b) or (1D)(b)”.
Add:
If a person ceases to be a program participant or a voluntary participant, the Secretary may disclose the following information to a member, officer or employee of the relevant community body (if any):
(a) the fact that the person has ceased to be a program participant or a voluntary participant;
(b) the day of the cessation;
(c) if the person ceased to be a program participant because of a determination under subsection 124PHA(1) or 124PHB(3)—the fact that a determination has been made under that subsection.
(1) Despite any law (whether written or unwritten) in force in Queensland, the Queensland Commission may give the Secretary information about a person if:
(a) either:
(i) the person is a program participant under section 124PGD; or
(ii) the Queensland Commission is considering whether to give a notice of the kind referred to in paragraph 124PGD(1)(c) in relation to the person; and
(b) the disclosed information is relevant to the operation of this Part.
(2) If information about a person is disclosed by the Queensland Commission as mentioned in subsection (1), the Secretary may disclose information about the person to the Queensland Commission for the purposes of the performance of the functions, or the exercise of the powers, of the Queensland Commission.
(3) If:
(a) a person ceases to be a program participant under section 124PGD because of the cancellation of a category P welfare payment of the person or the person’s partner; and
(b) immediately before the cancellation, the relevant notice referred to in paragraph 124PGD(1)(c) had not been withdrawn or revoked;
then, as soon as practicable after the cancellation, the Secretary must give the Queensland Commission written notice of the cancellation.
(1) Despite any law (whether written or unwritten) in force in the Northern Territory, a child protection officer of the Northern Territory may give the Secretary information about a person if:
(a) either:
(i) the person is a program participant under subsection 124PGE(2); or
(ii) the child protection officer is considering whether to give a notice of the kind referred to in paragraph 124PGE(2)(d) in relation to the person; and
(b) the disclosed information is relevant to the operation of this Part.
(2) If information about a person is disclosed as mentioned in subsection (1), the Secretary may disclose information about the person to a child protection officer of the Northern Territory for the purposes of the performance of the functions and duties, or the exercise of the powers, of the child protection officer in relation to the care, protection or welfare of children.
(3) If:
(a) a person ceases to be a program participant under subsection 124PGE(2) because of the cancellation of a category P welfare payment of the person or the person’s partner; and
(b) immediately before the cancellation, the relevant notice referred to in paragraph 124PGE(2)(d) had not been withdrawn or revoked; and
(c) the notice was given by a child protection officer of the Northern Territory;
then, as soon as practicable after the cancellation, the Secretary must give a child protection officer of the Northern Territory written notice of the cancellation.
(1) Despite any law (whether written or unwritten) in force in the Northern Territory, an officer or employee of a recognised State/Territory authority of the Northern Territory may give the Secretary information about a person if:
(a) either:
(i) the person is a program participant under subsection 124PGE(2); or
(ii) the officer or employee is considering whether to give a notice of the kind referred to in paragraph 124PGE(2)(d) in relation to the person; and
(b) the disclosed information is relevant to the operation of this Part.
(2) If information about a person is disclosed as mentioned in subsection (1), the Secretary may disclose information about the person to an officer or employee of the recognised State/Territory authority for the purposes of the performance of the functions and duties, or the exercise of the powers, of the officer or employee.
(3) If:
(a) a person ceases to be a program participant under subsection 124PGE(2) because of the cancellation of a category P welfare payment of the person or the person’s partner; and
(b) immediately before the cancellation, the relevant notice referred to in paragraph 124PGE(2)(d) had not been withdrawn or revoked; and
(c) the notice was given by an officer or employee of a recognised State/Territory authority of the Northern Territory;
then, as soon as practicable after the cancellation, the Secretary must give an officer or employee of the recognised State/Territory authority written notice of the cancellation.
Insert:
(aa) a decision to make a payment under paragraph 123UF(4)(a) or subsection 123UP(2); or
(aaa) a decision to give a notice under subsection 123UO(3A); or
(ab) a decision to give a notice (a
program participant notice ) under subsection 124PGE(5); or(ac) a decision under subsection 124PGE(6) to revoke a program participant notice; or
Insert:
(l) a decision to make a payment under paragraph 123UF(4)(a) or subsection 123UP(2);
(laa) a decision to give a notice under subsection 123UO(3A);
(la) a decision to give a notice (a
program participant notice ) under subsection 124PGE(5);
(lb) a decision under subsection 124PGE(6) to revoke a program participant notice;
After “Part 3B”, insert “or 3D”.
97
Application and transitional provisions—Cape York area (1) Section 124PGD of the
Social Security (Administration) Act 1999 , as added by this Part, applies in relation to a person whose usual place of residence:
(a) is, on the day this item commences, within the Cape York area; or
(b) becomes, on or after the day this item commences, within the Cape York area.
Note: That section may continue to apply to the person if the person’s usual place of residence after the commencement of this item ceases to be in the Cape York area.
(2) If:
(a) before the commencement of this item, the Queensland Commission (within the meaning of Part 3B of the
Social Security (Administration) Act 1999 (theAct )) gave the Secretary a written notice as mentioned in paragraph 123UF(1)(b) of the Act; and(b) the notice required that a person be subject to the income management regime under section 123UF of the Act; and
(c) the notice was given under a law of Queensland; and
(d) the notice was not given in such circumstances (if any) as are specified in a legislative instrument made by the Minister for the purposes of paragraph 123UF(1)(d) of the Act; and
(e) the notice was in force immediately before the commencement of this item;
then, for the purposes of Parts 3B and 3D of the Act on and after that commencement, the notice has effect as if it had been given under a law of Queensland from the Queensland Commission to the Secretary requiring that the person be a program participant under section 124PGD of the Act (and had not required that the person be subject to the income management regime under section 123UF of the Act).
(3) Subitem (2) ceases to apply in relation to the person and a notice referred to in paragraph (2)(a) if the notice is withdrawn or revoked before 6 March 2023.
(4) If:
(a) on or after the commencement of this item and before 6 March 2023, the Queensland Commission (within the meaning of Part 3B of the
Social Security (Administration) Act 1999 (theAct )) gives the Secretary a written notice; and(b) the notice requires that a person be subject to the income management regime under section 123UF of the Act;
then, for the purposes of Parts 3B and 3D of the Act, the notice has effect as if it were a written notice given under a law of Queensland from the Queensland Commission to the Secretary requiring that the person be a program participant under section 124PGD of the Act (and not requiring that the person be subject to the income management regime under section 123UF of the Act).
(5) Subitem (4) ceases to apply in relation to the person and a notice referred to in paragraph (4)(a) if the notice is withdrawn or revoked before 6 March 2023.
(6) If:
(a) subitem (2) or (4) applies in relation to a person; and
(b) the notice referred to in paragraph (2)(a) or (4)(a) specifies a percentage in connection with the exercise of a power of the Secretary under subsection 123XM(3) of the
Social Security (Administration) Act 1999 in relation to the person;then that percentage is taken to be the percentage applicable under subparagraph 124PJ(1A)(a)(i) of that Act in relation to the person.
98
Application and transitional provisions—Northern Territory (1) Section 124PGE of the
Social Security (Administration) Act 1999 , as added by this Part, applies in relation to a person whose usual place of residence:
(a) is, on the day this item commences, within the Northern Territory; or
(b) becomes, on or after the day this item commences, within the Northern Territory.
Note: That section may continue to apply to the person if the person’s usual place of residence after the commencement of this item ceases to be in the Northern Territory.
(2) If:
(a) before the commencement of this item:
(i) a child protection officer (within the meaning of Part 3B of the
Social Security (Administration) Act 1999 (theAct )) of the Northern Territory gave the Secretary a written notice requiring that a person be subject to the income management regime under section 123UC of the Act; or(ii) an officer or employee of a recognised State/Territory authority (within the meaning of that Part) gave the Secretary a written notice requiring that a person be subject to the income management regime under section 123UFAA of the Act; and
(b) the notice was given:
(i) under a law (whether written or unwritten) in force in the Northern Territory (other than a law of the Commonwealth); or
(ii) in the exercise of the executive power of the Northern Territory; and
(c) the notice was in force immediately before the commencement of this item;
then, for the purposes of working out if the person is a program participant under section 124PGE of the Act on or after that commencement, the notice also has effect as if it were a notice in respect of which paragraphs 124PGE(2)(d) and (e) of the Act are satisfied.
(3) Subitem (2) ceases to apply in relation to the person and a notice referred to in paragraph (2)(a) if the notice is withdrawn or revoked.
(4) If:
(a) on or after the commencement of this item:
(i) a child protection officer (within the meaning of Part 3B of the
Social Security (Administration) Act 1999 (theAct )) of the Northern Territory gives the Secretary a written notice requiring that a person be subject to the income management regime under section 123UC of the Act; or(ii) an officer or employee of a recognised State/Territory authority (within the meaning of that Part) gives the Secretary a written notice requiring that a person be subject to the income management regime under section 123UFAA of the Act; and
(b) the notice is given:
(i) under a law (whether written or unwritten) in force in the Northern Territory (other than a law of the Commonwealth); or
(ii) in the exercise of the executive power of the Northern Territory;
then, for the purposes of working out if the person is a program participant under section 124PGE of the Act, the notice also has effect as if it were a notice in respect of which paragraphs 124PGE(2)(d) and (e) of the Act are satisfied.
(5) Subitem (4) ceases to apply in relation to the person and a notice referred to in paragraph (4)(a) if the notice is withdrawn or revoked.
(6) Paragraph 124PGE(3)(d) of the
Social Security (Administration) Act 1999 , as added by this Part, applies in relation to a determination made under section 123UGA of that Act before, on or after the commencement of this item.
98A
Application provision—exiting cashless welfare arrangements The repeal and substitution of subsection 124PHB(2) of the
Social Security (Administration) Act 1999 made by this Part, and subsections 124PHB(3A) and (4A) of that Act as inserted by this Part, apply in relation to applications made on or after the commencement of this item.
99
Application provision—disclosure of information to community body Section 124POA of the
Social Security (Administration) Act 1999 , as added by this Part, applies in relation to a person who ceases to be a program participant or a voluntary participant on or after the commencement of this item.
(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Part.
(2) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
(3) This Part (other than subitem (2)) does not limit the rules that may be made for the purposes of subitem (1).
Insert:
(ha) the Secretary gives the person a notice under subsection (4) stating that the person is a program participant under this section and the notice is in force; and
Add:
Secretary’s notice
(4) The Secretary may give a person a written notice stating that the person is a program participant under this section. The notice comes into force on a day specified in the notice (which must not be earlier than the day on which the notice is given).
Note: The Secretary may give more than one notice to a person (see subsection 33(1) of the
Acts Interpretation Act 1901 ).(5) The Secretary may revoke the notice. The Secretary must notify the person of the revocation.
(6) A notice under subsection (4) is not a legislative instrument.
Insert:
(ha) the Secretary gives the person a notice under subsection (4) stating that the person is a program participant under this section and the notice is in force; and
Add:
Secretary’s notice
(4) The Secretary may give a person a written notice stating that the person is a program participant under this section. The notice comes into force on a day specified in the notice (which must not be earlier than the day on which the notice is given).
Note: The Secretary may give more than one notice to a person (see subsection 33(1) of the
Acts Interpretation Act 1901 ).(5) The Secretary may revoke the notice. The Secretary must notify the person of the revocation.
(6) A notice under subsection (4) is not a legislative instrument.
Insert:
(ha) the Secretary gives the person a notice under subsection (4) stating that the person is a program participant under this section and the notice is in force; and
Add:
Secretary’s notice
(4) The Secretary may give a person a written notice stating that the person is a program participant under this section. The notice comes into force on a day specified in the notice (which must not be earlier than the day on which the notice is given).
Note: The Secretary may give more than one notice to a person (see subsection 33(1) of the
Acts Interpretation Act 1901 ).(5) The Secretary may revoke the notice. The Secretary must notify the person of the revocation.
(6) A notice under subsection (4) is not a legislative instrument.
Insert:
(ga) the Secretary gives the person a notice under subsection (4) stating that the person is a program participant under this section and the notice is in force; and
Add:
Secretary’s notice
(4) The Secretary may give a person a written notice stating that the person is a program participant under this section. The notice comes into force on a day specified in the notice (which must not be earlier than the day on which the notice is given).
Note: The Secretary may give more than one notice to a person (see subsection 33(1) of the
Acts Interpretation Act 1901 ).(5) The Secretary may revoke the notice. The Secretary must notify the person of the revocation.
(6) A notice under subsection (4) is not a legislative instrument.
After “subsection”, insert “124PG(4), 124PGA(4), 124PGB(4), 124PGC(4) or”.
After “subsection”, insert “124PG(5), 124PGA(5), 124PGB(5), 124PGC(5) or”.
After “subsection”, insert “124PG(4), 124PGA(4), 124PGB(4), 124PGC(4) or”.
After “subsection”, insert “124PG(5), 124PGA(5), 124PGB(5), 124PGC(5) or”.
(1) The amendments of sections 124PG, 124PGA, 124PGB and 124PGC of the
Social Security (Administration) Act 1999 made by this Part do not apply in relation to a person who was a program participant under one of those sections immediately before the commencement of this item.(2) However, subitem (1) ceases to apply in relation to a person if the person ceases to be a program participant under Part 3D of that Act on or after the commencement of this item.
Repeal the subsections.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Social Security (Administration) Amendment (Continuation of Cashless Welfare) Act 2020 | 136, 2020 | 17 Dec 2022 | Sch 1 (items 1–49, 114): 18 Dec 2020 (s 2(1) item 2, 5) Sch 1 (49A‑101): 17 Mar 2021 (s 2(1) item 3) Sch 1 (items 101–113): 8 Mar 2020 (s 2(1) item 4) Remainder: 17 Dec 2020 (s 2(1) item 1) | |
Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 | 39, 2022 | 30 Sept 2022 | Sch 1 (items 47D–47F): 1 Oct 2022 (s 2(1) item 2) | — |
item 97............................... | am No 39, 2022 |
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