Social Security Legislation Amendment (Connecting People with Jobs) Act 2010 (Cth)

Social Security Legislation Amendment (Connecting People with Jobs) Act 2010

No. 130, 2010

An Act to amend the Social Security (Administration) Act 1999, and for related purposes

Contents

Social Security Legislation Amendment (Connecting People with Jobs) Act 2010

No. 130, 2010

An Act to amend the Social Security (Administration) Act 1999, and for related purposes

[Assented to 24 November 2010]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Social Security Legislation Amendment (Connecting People with Jobs) Act 2010.

2Commencement

1. (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.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	24 November 2010
2. Schedule 1	The later of: (a) the day after this Act receives the Royal Assent; and (b) 1 January 2011.	1 January 2011 (paragraph (b) applies)

Note: This table relates only to the provisions of this Act as originally enacted.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.

1. (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.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

Social Security (Administration) Act 1999

1

Section 42A

Omit:

• The Secretary may also determine that a person is unemployed as a result of a voluntary act or misconduct. If the Secretary does so, a participation payment is not payable to the person for 8 weeks.

substitute:

• The Secretary may also determine that a person is unemployed as a result of a voluntary act or misconduct. If the Secretary does so, a participation payment is not payable to the person for either 8 or 12 weeks, depending on the circumstances.

2

Subsection 42S(3)

Repeal the subsection, substitute:

Period of non‑payment

1. (3)

   The participation payment is not payable to the person for the period (the unemployment non‑payment period) of:

   1. (a)

      8 weeks beginning on the initial day; or

   2. (b)

      12 weeks beginning on the initial day if, during the 6 months ending on the day immediately before the person becomes unemployed, the person has been paid relocation assistance in relation to the employment to which the voluntary act or misconduct related.

   Note: The Secretary may end an unemployment non‑payment period under subsection (4).

2. (3A)

   For the purposes of subsection (3), the initial day is:

   1. (a)

      the day that the person becomes unemployed as a result of the person’s voluntary act or misconduct; or

   2. (b)

      the first day of the first instalment period that begins after the day the Secretary makes the determination if:

      1. (i)

         the Secretary considers that first day is more appropriate than the day mentioned in paragraph (a); and

      2. (ii)

         the person is receiving a participation payment at the time of the voluntary act or misconduct.

   Note: For the day the Secretary makes the determination, see section 42Y.

3. (3B)

   For the purposes of subsection (3), relocation assistance, in relation to employment, means a payment:

   1. (a)

      that is made by the Commonwealth to a person for the purpose of assisting the person to take up the employment; and

   2. (b)

      that is specified in a legislative instrument made by the Secretary for the purposes of this paragraph.

3

Section 42Y

Omit “42S(3)(b)”, substitute “42S(3A)(b)”.

4

Section 110A

Omit “42S(3)”, substitute “42S(3) or (4)”.

5

Application

The amendments made by items 2 and 3 apply in relation to persons who become unemployed on or after the day on which the first instrument made for the purposes of paragraph 42S(3B)(b) of the Social Security (Administration) Act 1999 takes effect.

Note: Section 12 of the Legislative Instruments Act 2003 deals with when a legislative instrument takes effect.

[Minister’s second reading speech made in—

House of Representatives on 21 October 2010

Senate on 15 November 2010]

(249/10)