Social Security (Coronavirus Economic Response—2020 Measures No. 5) Determination 2020 (Cth)

Social Security (Coronavirus Economic Response—2020 Measures No. 5) Determination 2020

made under item 28 of Schedule 2 to the Coronavirus Economic Response Package Omnibus (Measures No. 2) Act 2020

Compilation No. 1

Compilation date:   11 August 2020

Includes amendments up to:           Social Security (Coronavirus Economic Response—2020 Measures No. 12) Determination 2020 [F2020L01010]

About this compilation

This compilation

This is a compilation of the Social Security (Coronavirus Economic Response—2020 Measures No. 5) Determination 2020 that shows the text of the law as amended and in force on 11 August 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

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.

Application, saving and transitional provisions for provisions and amendments

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.

Modifications

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.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Modifications................................................................................................................ 1

Schedule 2—Modifications of the Social Security (Administration) Act 1999            2

Endnotes   5

Endnote 1—About the endnotes   5

Endnote 2—Abbreviation key   6

Endnote 3—Legislation history   7

Endnote 4—Amendment history   8

1  Name

This instrument is the Social Security (Coronavirus Economic Response—2020 Measures No. 5) Determination 2020.

2  Commencement

(1)  Each provision of this instrument 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.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1.  The whole of this instrument	Immediately after this instrument is registered.	28 April 2020

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

This instrument is made under item 28 of Schedule 2 to the Coronavirus Economic Response Package Omnibus (Measures No. 2) Act 2020.

4  Modifications

Each modification of the operation of Part 5 of the Social Security (Administration) Act 1999 as set out in a Schedule to this instrument is determined for the purposes of item 28 of Schedule 2 to the Coronavirus Economic Response Package Omnibus (Measures No. 2) Act 2020.

Schedule 1—Modifications of the Social Security (Administration) Act 1999

1A  Modifications of section 202

(1) Section 202 of the Social Security (Administration) Act 1999 is varied by inserting the following subsection after subsection (2C):

(2CA)  A person may disclose protected information to a taxation officer for the purposes of administering the Coronavirus Economic Response Package (Payments and Benefits) Act 2020 or rules made under that Act.

(2) Subsection 202(2D) of the Social Security (Administration) Act 1999 is varied by inserting the following:

taxation officer means the following:

(a) a person who is a taxation officer within the meaning of subsection 355‑30(2) in Schedule 1 to the Taxation Administration Act 1953;

(b)  an entity covered by section 355‑15 in that Schedule.

1  Modifications of section 204A

(1) Section 204A of the Social Security (Administration) Act 1999 is varied by inserting the following subsection after subsection (1):

(1A)  The Secretary may require the Commissioner of Taxation to provide the Secretary with information about entities, including tax file numbers, being information that:

(a)  either:

(i)  is in the possession of the Commissioner; or

(ii)  may come into the possession of the Commissioner after the requirement is made (including information that comes into existence after the requirement is made); and

(b)  is:

(i)  information relating to the entitlement of entities to jobkeeper payments under the Coronavirus Economic Response Package (Payments and Benefits) Act 2020 for individuals; or

(ii)  information in notifications to the Commissioner that resulted in that entitlement (whether the information is about those entities or those individuals); or

(iii)  information relating to such payments that those entities are to receive, are receiving or have received.

The requirement may be of a standing nature.

(1A) Subsection 204A(2) of the Social Security (Administration) Act 1999 is varied by omitting the words “Information provided” and substituting the words “Subject to this section, information provided”.

(2) Subsection 204A(2) of the Social Security (Administration) Act 1999 is varied by inserting the words “or (1A)” after the words “subsection (1)”.

(3) Subsection 204A(2) of the Social Security (Administration) Act 1999 is varied by adding the following paragraph at the end:

; (d)  to determine one or more of the following:

(i)  whether entities or individuals referred to in subparagraph (1A)(b)(i) have made claims for social security payments under the social security law;

(ii)  whether social security payments under the social security law are payable to those entities or individuals;

(iii)  whether those entities or individuals are receiving, or have received, social security payments under the social security law.

(4) Section 204A of the Social Security (Administration) Act 1999 is varied by adding the following subsections at the end of the section:

Additional uses of information provided under subsection (1A)

(3)  Information provided to the Secretary under a requirement made under subsection (1A) may also be used in connection with a disclosure under subsection 202(2CA).

(4)  Information provided to the Secretary about individuals under a requirement made under subsection (1A) may also be used (either alone or together with information mentioned in subsection (6)) to produce information in an aggregated form that does not disclose, either directly or indirectly, information about a particular individual.

(5)  Information provided to the Secretary under a requirement made under subsection (1A) may also be used (either alone or together with information mentioned in subsection (6)) for the following purposes:

(a)  research into matters of relevance to a Department that is administering any part of the social security law;

(b)  statistical analysis of matters of relevance to a Department that is administering any part of the social security law;

(c)  policy development;

(d)  to evaluate the delivery of services under the social security law, the family assistance law, the Paid Parental Leave Act 2010 or the ABSTUDY Scheme (also known as the Aboriginal Study Assistance Scheme);

(e)  to plan for the delivery of services under the social security law, the family assistance law, the Paid Parental Leave Act 2010 or the ABSTUDY Scheme (also known as the Aboriginal Study Assistance Scheme).

(6)  The information is information about individuals that is:

(a)  protected information within the meaning of the Social Security Act 1991; or

(b)  protected information within the meaning of the A New Tax System (Family Assistance) (Administration) Act 1999; or

(c)  protected information within the meaning of the Paid Parental Leave Act 2010; or

(d)  protected information within the meaning of the Student Assistance Act 1973.

Use and disclosure of aggregated information

(7)  Information in an aggregated form referred to in subsection (4) may be used for the purposes mentioned in subsection (5).

(8)  Information in an aggregated form referred to in subsection (4) may be:

(a)  disclosed to one or more persons or bodies; or

(b)  made publicly available.

Endnotes

Endnote 1—About the endnotes

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

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

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.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

o = order(s)
ad = added or inserted	Ord = Ordinance
am = amended	orig = original
amdt = amendment	par = paragraph(s)/subparagraph(s)
c = clause(s)	/sub‑subparagraph(s)
C[x] = Compilation No. x	pres = present
Ch = Chapter(s)	prev = previous
def = definition(s)	(prev…) = previously
Dict = Dictionary	Pt = Part(s)
disallowed = disallowed by Parliament	r = regulation(s)/rule(s)
Div = Division(s)
exp = expires/expired or ceases/ceased to have	reloc = relocated
effect	renum = renumbered
F = Federal Register of Legislation	rep = repealed
gaz = gazette	rs = repealed and substituted
LA = Legislation Act 2003	s = section(s)/subsection(s)
LIA = Legislative Instruments Act 2003	Sch = Schedule(s)
(md) = misdescribed amendment can be given	Sdiv = Subdivision(s)
effect	SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment	SR = Statutory Rules
cannot be given effect	Sub‑Ch = Sub‑Chapter(s)
mod = modified/modification	SubPt = Subpart(s)
No. = Number(s)	underlining = whole or part not
commenced or to be commenced

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Social Security (Coronavirus Economic Response—2020 Measures No. 12) Determination 2020	10 August 2020 (F2020L01010)	11 August 2020 (s 2(1) item 1)

Endnote 4—Amendment history

Provision affected	How affected
Schedule 1
Item 1A	ad F2020L001010
Item 1	am F2020L001010