Social Services Legislation Amendment (Welfare Reform) Act 2018 (Cth)
Contents
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The Parliament of Australia enacts:
This Act is the
Social Services Legislation Amendment (Welfare Reform) Act 2018 .
(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. | 11 April 2018 |
Schedule 1, Parts 1 to 5 | 20 March 2020. | 20 March 2020 |
Schedule 1, Part 6 | The later of: (a) the start of 20 March 2020; and
However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | Never commenced |
Schedule 2 | 20 March 2020. | 20 March 2020 |
Schedule 3 | Immediately after the commencement of the provisions covered by table item 4. | 20 March 2020 |
Schedule 4 | 20 March 2020. | 20 March 2020 |
Schedule 5, Part 1 | 20 March 2020. | 20 March 2020 |
Schedule 5, Part 2 | 20 September 2020. | 20 September 2020 |
Schedule 6, Part 1 | The first 1 January or 1 July to occur after the day this Act receives the Royal Assent. | 1 July 2018 |
Schedule 6, Part 2 | 1 January 2022. | 1 January 2022 |
Schedule 7 | 1 January 2022. | 1 January 2022 |
Schedule 8 | The day after this Act receives the Royal Assent. | 12 April 2018 |
Schedule 9 | 20 September 2018. | 20 September 2018 |
Schedule 10 | The first 1 January, 1 April, 1 July or 1 October to occur after the end of the period of 2 months beginning on the day this Act receives the Royal Assent. | 1 July 2018 |
Schedule 11 | As follows:
| 1 July 2018 (paragraph (b) applies) |
Schedule 13 | As follows:
| 1 July 2018 (paragraph (b) applies) |
Schedule 14 | The later of: (a) 1 January 2018; and
| 12 April 2018 (paragraph (b) applies) |
Schedule 15 | The later of: (a) 1 July 2018; and
| 1 July 2018 (paragraph (a) applies) |
Schedule 16 | As follows:
| 1 July 2018 (paragraph (b) applies) |
Schedule 17, items 1 to 20 | The later of:
| 2 July 2018 (paragraph (b) applies) |
Schedule 17, items 21 to 78 | As follows:
| 1 July 2018 (paragraph (b) applies) |
Schedule 18 | The later of: (a) 1 January 2018; and
| 12 April 2018 (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Note: This table relates only to the provisions of this Act as originally enacted.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.
(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.
Repeal the subparagraph, substitute:
(ii) jobseeker payment;
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit:
Farm household allowance is generally treated in the same way as newstart and youth allowance. This means that where there is a reference in those Acts to newstart or youth allowance, it is as if there were also a reference to farm household allowance. Similarly, where there is a reference to a concept that is defined to include those allowances, such as “social security benefit” or “social security payment”, it is as if that concept were also defined to include farm household allowance.
substitute:
Farm household allowance is generally treated in the same way as jobseeker payment and youth allowance. This means that where there is a reference in those Acts to jobseeker payment or youth allowance, it is as if there were also a reference to farm household allowance. Similarly, where there is a reference to a concept that is defined to include jobseeker payment or youth allowance, such as “social security benefit” or “social security payment”, it is as if that concept were also defined to include farm household allowance.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “Newstart Allowance”, substitute “Jobseeker”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Repeal the heading, substitute:
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Insert:
14.1 | Supplementary amount is exempt (see section 52‑15) | Supplementary amount, and tax‑free amount, are exempt (see sections 52‑15 and 52‑20) | Exempt | Exempt up to the tax‑free amount (see section 52‑30) |
Repeal the item.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit:
|
substitute:
|
Omit “newstart allowance”, substitute “jobseeker payment”.
After:
|
insert:
|
Omit:
|
Omit “newstart allowance”, substitute “jobseeker payment”.
Insert:
14 | Jobseeker payment | Part 2.12 | Section 660LB | Sections 660LC and 660LH |
Repeal the item.
Omit “Newstart allowance”, substitute “Jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Repeal the subparagraph, substitute:
(iii) jobseeker payment;
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
After “one of”, insert “that payment and”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
After “parenting payment,”, insert “jobseeker payment,”.
Repeal the paragraph.
After “parenting payment,”, insert “jobseeker payment,”.
Repeal the paragraph.
After “the amount of”, insert “jobseeker payment or”.
After “the amount of”, insert “jobseeker payment,”.
Omit “that allowance or payment”, substitute “that payment or allowance”.
After “the amount of”, insert “jobseeker payment or”.
After “the amount of”, insert “jobseeker payment,”.
Omit “that allowance or payment”, substitute “that payment or allowance”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
47
Subsection 19D(5) (paragraph (f) of the definition of maximum payment rate ) Omit “allowances”.
48
Subsection 19D(5) (subparagraph (f)(i) of the definition of maximum payment rate ) Repeal the subparagraph, substitute:
(i) jobseeker payment;
49
Subsection 23(1) (paragraph (c) of the definition of approved program of work supplement ) Omit “newstart allowance”, substitute “jobseeker payment”.
50
Subsection 23(1) (definition of current period as an Australian resident ) Omit “newstart allowance”, substitute “jobseeker payment”.
51
Subsection 23(1) (paragraph (c) of the definition of employment pathway plan ) Omit “Newstart”, substitute “Jobseeker”.
52
Subsection 23(1) (paragraph (e) of the definition of newly arrived resident’s waiting period ) Omit “newstart allowance”, substitute “jobseeker payment”.
53
Subsection 23(1) (paragraph (a) of the definition of ordinary waiting period ) Omit “newstart allowance”, substitute “jobseeker payment”.
54
Subsection 23(1) (paragraph (a) of the definition of social security benefit ) Repeal the paragraph, substitute:
(a) jobseeker payment; or
55
Subsection 23(1) (paragraph (j) of the definition of social security entitlement ) Repeal the paragraph, substitute:
(j) a jobseeker payment; or
56
Subsection 23(1) (paragraph (a) of the definition of social security recipient status ) Omit “newstart allowance”, substitute “jobseeker payment”.
57
Subsection 23(1) (paragraph (f) of the definition of special employment advance qualifying entitlement ) Repeal the paragraph, substitute:
(f) a jobseeker payment; or
58
Subsection 23(1) (paragraphs (b) and (ca) of the definition of waiting period ) Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Repeal the heading, substitute:
Repeal the heading, substitute:
Repeal the heading, substitute:
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “Newstart”, substitute “Jobseeker”.
Omit “Newstart”, substitute “Jobseeker”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
Omit “Newstart”, substitute “Jobseeker”.
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
Omit “Newstart”, substitute “Jobseeker”.
Omit “Newstart”, substitute “Jobseeker”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
Repeal the heading, substitute:
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
Omit “Newstart”, substitute “Jobseeker”.
Omit “Newstart”, substitute “Jobseeker”.
Omit “Newstart”, substitute “Jobseeker”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “the allowance”, substitute “the payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “Newstart”, substitute “Jobseeker”.
Omit “Newstart”, substitute “Jobseeker”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “Newstart”, substitute “Jobseeker”.
97
Subdivision C of Division 1 of Part 2.12 (heading) Repeal the heading, substitute:
Repeal the heading, substitute:
Omit “Newstart”, substitute “Jobseeker”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “Newstart”, substitute “Jobseeker”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “Newstart”, substitute “Jobseeker”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “Newstart”, substitute “Jobseeker”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “Newstart”, substitute “Jobseeker”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “Newstart”, substitute “Jobseeker”.
Repeal the heading, substitute:
Omit “Newstart”, substitute “Jobseeker”.
Omit “Newstart”, substitute “Jobseeker”.
Repeal the heading, substitute:
Omit “Newstart”, substitute “Jobseeker”.
Repeal the heading, substitute:
Omit “Newstart”, substitute “Jobseeker”.
Repeal the heading, substitute:
Omit “Newstart”, substitute “Jobseeker”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “Newstart”, substitute “Jobseeker”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “
Newstart ”, substitute “Jobseeker ”.
Omit “Newstart”, substitute “Jobseeker”.
124
Subdivision D of Division 1 of Part 2.12 (heading) Repeal the heading, substitute:
Repeal the heading, substitute:
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
Repeal the heading, substitute:
Omit “newstart allowance”, substitute “jobseeker payment”.
129
Subsection 611(2) (table items 2 and 3, column 2) Omit “allowance”, substitute “benefit”.
Omit “
partnered (partner getting neither pension nor allowance) andpartnered (partner getting pension or allowance) ”, substitute “partnered (partner getting neither pension nor benefit) andpartnered (partner getting pension or benefit) ”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “Newstart”, substitute “Jobseeker”.
Omit “Newstart”, substitute “Jobseeker”.
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Repeal the heading, substitute:
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
Omit “Newstart”, substitute “Jobseeker”.
142
Subdivision E of Division 1 of Part 2.12 (heading) Repeal the heading, substitute:
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “that payment” (wherever occurring), substitute “that social security payment”.
Omit “that payment”, substitute “that social security payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance” (last occurring), substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
154
Subdivision G of Division 1 of Part 2.12 (heading) Repeal the heading, substitute:
Repeal the heading, substitute:
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “Newstart”, substitute “Jobseeker”.
158
Subdivision H of Division 1 of Part 2.12 (heading) Repeal the heading, substitute:
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “Newstart allowance”, substitute “Jobseeker payment”.
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
Repeal the heading, substitute:
Repeal the heading, substitute:
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
Omit “Newstart”, substitute “Jobseeker”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Repeal the heading, substitute:
Omit “person’s newstart allowance”, substitute “person’s jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “the allowance”, substitute “the payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “the allowance”, substitute “the payment”.
175
Subdivision B of Division 9 of Part 2.12 (heading) Repeal the heading, substitute:
Repeal the heading, substitute:
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
Repeal the heading, substitute:
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “Newstart”, substitute “Jobseeker”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “the allowance”, substitute “the payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “the allowance” (wherever occurring), substitute “the payment”.
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “special benefit”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
197
Subsection 771NX(1) (note at the end of step 4 of the method statement) Omit “newstart allowance”, substitute “jobseeker payment”.
Repeal the heading, substitute:
Deceased partner receiving jobseeker payment
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Repeal the heading, substitute:
Jobseeker payment, youth allowance or parenting payment recipients
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “allowance or payment”, substitute “payment or allowance”.
Repeal the heading, substitute:
Jobseeker payment, youth allowance, disability support pension and parenting payment recipients
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “allowance, pension or payment”, substitute “payment, allowance or pension”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
213
Section 1047 (paragraph (c) of the definition of designated social security payment ) Repeal the paragraph, substitute:
(c) jobseeker payment; or
Omit “newstart allowance”, substitute “jobseeker payment”.
Repeal the heading, substitute:
Formula for maximum amount of advance: benefit PP (partnered), youth allowance, austudy payment or jobseeker payment
Omit “newstart allowance”, substitute “jobseeker payment”.
217
Subsection 1061EE(6) (paragraph (b) of the definition of fortnightly payment rate ) Omit “newstart allowance”, substitute “jobseeker payment”.
218
Subsection 1061JU(4) (paragraph (f) of the definition of maximum basic rate ) Omit “allowances”.
219
Subsection 1061JU(4) (subparagraph (f)(i) of the definition of maximum basic rate ) Repeal the subparagraph, substitute:
(i) jobseeker payment;
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Repeal the subparagraph, substitute:
(i) jobseeker payment;
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Repeal the subparagraph, substitute:
(i) jobseeker payment; or
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “the allowance”, substitute “the payment or allowance”.
248
Subsection 1061ZM(3) (subparagraph (a)(ii) of the definition of employment‑affected person ) Repeal the subparagraph, substitute:
(ii) jobseeker payment;
Repeal the subparagraph, substitute:
(i) jobseeker payment;
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
252
Section 1067G (table item 23 in Module L of the Youth Allowance Rate Calculator) Omit “Newstart allowance”, substitute “Jobseeker payment”.
Repeal the subparagraph, substitute:
(i) jobseeker payment;
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
Omit “
newstart allowance ”, substitute “jobseeker payment ”.
Repeal the paragraph, substitute:
(a) jobseeker payment; or
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Repeal the heading, substitute:
Maximum basic rate for certain jobseeker payment recipients
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Repeal the point, substitute:
Incapacity for work—jobseeker payment
1068‑D2 This point applies to a person if the person is receiving jobseeker payment and the person is, under Subdivision BA of Division 1 of Part 2.12, exempt from the activity test.
Repeal the heading, substitute:
Jobseeker payment recipients who have a partial capacity to work or are principal carers
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
269
Point 1068‑G7AM (paragraphs (a) and (b) of note 3) Omit “the allowance”, substitute “the payment or allowance”.
270
Point 1068‑G7AQ (definition of payment fortnight ) Omit “newstart allowance”, substitute “jobseeker payment”.
After “whose claim for”, insert “a payment or”.
After “whose claim for”, insert “a payment or”.
Repeal the point, substitute:
Reference to payment or allowance
1068‑G7D A reference in point 1068‑G7B or 1068‑G7C to
a payment or an allowance is a reference to a payment or an allowance the rate of which is calculated under this Rate Calculator.
After “in respect of the”, insert “payment or”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
Repeal the heading, substitute:
Ordinary income reduction for certain recipients of jobseeker payment
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
Omit “and newstart,”, substitute “, jobseeker payment and”.
Omit “
newstart allowance ”, substitute “jobseeker payment ”.
Omit “
newstart allowance ”, substitute “jobseeker payment ”.
283
Point 1071A‑4 (subparagraph (a)(i) of the definition of allowable income ) Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “allowances”.
Repeal the paragraph, substitute:
(a) jobseeker payment;
Omit “the allowance”, substitute “the payment or allowance”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “that allowance”, substitute “that payment or allowance”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “the allowance”, substitute “the payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Repeal the subparagraph, substitute:
(ii) jobseeker payment;
Omit “Newstart allowance”, substitute “Jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Repeal the subparagraph, substitute:
(ii) jobseeker payment;
Omit “Newstart allowance”, substitute “Jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “new start allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “allowance”, substitute “payment”.
Omit “the allowance”, substitute “the payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Repeal the paragraph, substitute:
(c) jobseeker payment;
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “the allowance” (wherever occurring), substitute “the payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Repeal the subparagraph, substitute:
(iv) jobseeker payment;
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “the payment”, substitute “the social security payment”.
323
Subsection 106B(4) (subparagraph (a)(ii) of the definition of listed automatic issue health care card ) Repeal the subparagraph, substitute:
(ii) jobseeker payment;
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
326
Section 123TC (paragraph (b) of the definition of category E welfare payment ) Repeal the paragraph, substitute:
(b) jobseeker payment; or
Omit “newstart allowance”, substitute “jobseeker payment”.
328
Section 140A (paragraph (c) of the definition of employment pathway plan decision ) Omit “Newstart”, substitute “Jobseeker”.
329
Subclause 1(1) of Schedule 1 (paragraph (a) of the definition of participation payment ) Repeal the paragraph, substitute:
(a) jobseeker payment;
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “qualified for a newstart allowance”, substitute “qualified for a jobseeker payment”.
332
Subclause 5(2) of Schedule 2 (paragraph (e) of the definition of exclusion period ) Omit “newstart allowance”, substitute “jobseeker payment”.
Repeal the heading, substitute:
Omit “newstart allowance”, substitute “jobseeker payment”.
Repeal the heading, substitute:
Omit “newstart allowance” (wherever occurring), substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
341
Subsection 118ND(4) (paragraph (j) of the definition of bereavement payment provisions ) Omit “newstart”, substitute “jobseeker payment”.
(1) If a notice, determination or other instrument relating to newstart allowance that was made or given under the
Social Security Act 1991 or theSocial Security (Administration) Act 1999 was in force immediately before the commencement of this item, that notice, determination or other instrument continues in force, subject to those Acts, on and after that commencement as if it were made or given in relation to jobseeker payment.
(2) If:
(a) a person lodged a claim under the
Social Security (Administration) Act 1999 for newstart allowance before the commencement of this item; and(b) the claim was not determined before that commencement;
the claim has effect on and after that commencement as if it were:
(c) a claim for newstart allowance in respect of days occurring before that commencement; and
(d) a claim for jobseeker payment in respect of days occurring on or after that commencement.
(3) If, immediately before the commencement of this item, a person was subject to one of the following periods in relation to newstart allowance, then, on and after that commencement, the person is taken to be subject to that period in relation to jobseeker payment:
(a) a liquid assets test waiting period;
(b) an ordinary waiting period;
(c) a newly arrived resident’s waiting period;
(d) a seasonal work preclusion period;
(e) a lump sum preclusion period under Division 3 of Part 3.14 of the
Social Security Act 1991 ;(f) an income maintenance period.
(4) If a Newstart Employment Pathway Plan was in force in relation to a person immediately before the commencement of this item, the plan has effect on and after that commencement as if it were a Jobseeker Employment Pathway Plan in relation to the person.
343
Transitional provision— A New Tax System (Family Assistance) Act 1999 Subparagraph 85CK(3)(a)(ii) of the
A New Tax System (Family Assistance) Act 1999 applies on and after the commencement of this item as if the reference to jobseeker payment included a reference to newstart allowance.
344
Saving provision— Farm Household Support Act 2014 Despite the amendments made by this Part, section 93 of the
Farm Household Support Act 2014 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out the rate of farm household allowance in relation to days before that commencement.
345
Saving provision— Income Tax Assessment Act 1997 Despite the amendments made by this Part, item 19.1 of the table in section 52‑10 and sections 52‑15 and 52‑30 of the
Income Tax Assessment Act 1997 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a payment of newstart allowance under Part 2.12 of theSocial Security Act 1991 before, on or after that commencement.
(1) Despite the amendments made by this Part, paragraph 5(20A)(c) and subparagraph 5F(e)(iii) of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out if a person was the principal carer of a child, or was a secondary pupil child of another person, at a time before that commencement.(2) Despite the amendments made by this Part, subsections 7(6), (6AA) and (7) of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out whether a person has a qualifying residence exemption, or is exempt from the residence requirement, for newstart allowance in relation to days before that commencement.(3) Despite the amendments made by this Part, section 14A of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a claim for newstart allowance made before that commencement.(4) Despite the amendments made by this Part, section 16A of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out a person’s seasonal work preclusion period under that section if the person made a claim for newstart allowance before the commencement of this item.(5) Despite the amendments made by this Part, sections 19C and 19D of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out whether a person was in severe financial hardship in relation to days before that commencement.
(1) Despite the amendments made by this Part, subsections 94(6) and 95(2) of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out whether a person was qualified for a disability support pension in relation to days before that commencement.(2) Despite the amendments made by this Part, subparagraph 543B(1)(b)(ii) of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out whether a person was qualified for youth allowance in relation to days before that commencement.(3) Despite the amendments made by this Part, Parts 2.12 and 3.6 of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out qualification for, or the rate of, newstart allowance in respect of days occurring before that commencement.(4) Despite the amendments made by this Part, Division 6 of Part 2.13A of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out qualification for an education entry payment before that commencement.(5) Despite the amendments made by this Part, subsections 666(9), 667(5) and 686(1) of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out qualification for, or the payability of, sickness allowance in relation to days before that commencement.(6) Despite the amendments made by this Part, sections 729 and 746 of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out whether a person was qualified for, or working out the rate of, a special benefit in relation to days before that commencement.(7) Despite the amendments made by this Part, sections 771HA and 771KE of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out if a person was qualified for, or working out the rate of, a partner allowance in relation to a period before that commencement.
(8) If before the commencement of this item:
(a) a person was receiving partner allowance; and
(b) the person’s partner died; and
(c) immediately before the deceased partner died, the deceased partner was receiving newstart allowance;
then Division 9 of Part 2.15A of the
Social Security Act 1991 , as in force immediately before that commencement, continues to apply on and after that commencement in relation to that death as if the amendments made by this Part had not been made.(9) Despite the amendments made by this Part, sections 1035 and 1035A of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out if a person was qualified for, or working out the rate of, a mobility allowance in relation to days before that commencement.(10) Despite the amendments made by this Part, section 1046 of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out, at a time before that commencement, whether a person continued to be qualified for mobility allowance as mentioned in subsection 1046(3) of that Act.(11) Despite the amendments made by this Part, Part 2.24A of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out qualification for a pensioner education supplement in relation to days before that commencement.(12) Paragraph 1061PJ(2BA)(b) and subparagraphs 1061PJ(2BA)(f)(i) and (2D)(b)(iii) of the
Social Security Act 1991 apply on and after the commencement of this item as if a reference to jobseeker payment included a reference to newstart allowance.(13) Despite the amendments made by this Part, subsections 1061Q(2A), (2B), (3), (3A) and (3D) to (3H) of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out qualification for a telephone allowance before, on or after that commencement.
348
Saving provision—language, literacy and numeracy supplement Despite the amendments made by this Part, Part 2.21A of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a fortnight beginning before that commencement.
(1) Despite the amendments made by this Part, Division 7 of Part 2.22 of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an advance payment, or an instalment of an advance payment, of newstart allowance paid before that commencement.(2) Despite the amendments made by this Part, Division 7 of Part 2.22A of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a special employment advance, or an instalment of a special employment advance, paid before that commencement in respect of newstart allowance.
350
Saving and transitional provisions—rates of payments (1) Despite the amendments made by this Part, section 1061JU of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out the amount of a crisis payment in relation to days before that commencement.(2) Despite the amendments made by this Part, section 1061KC of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out the rate of a person’s Disaster Recovery Allowance in relation to days before that commencement.(3) Despite the amendments made by this Part, paragraphs 1067G‑D2(b) and 1067G‑H26(b) of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out the rate of youth allowance for days occurring before that commencement.(4) Despite the amendments made by this Part, table item 23 of Module L of the Youth Allowance Rate Calculator in section 1067G of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to:
(a) working out if a person is a family member in relation to another person for the purposes of Part 2.11 of that Act and that Rate Calculator in relation to days before that commencement; or
(b) working out if a person is exempt from the parental income test for the purposes of that Rate Calculator in relation to days before that commencement.
(5) Despite the amendments made by this Part, paragraph 1067L‑D25(b) of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out the rate of austudy payment for days occurring before that commencement.(6) Despite the amendments made by this Part, paragraph 1068B‑D22(b) of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out the rate of benefit PP (partnered) for days occurring before that commencement.(7) Despite the amendments made by this Part, paragraph 1070(e) of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out the rate of rent assistance in relation to newstart allowance for days occurring before that commencement.
(8) If:
(a) section 1073K of the
Social Security Act 1991 applies to a person in the 2018‑19 financial year; and(b) in relation to the person, the last day of the 12‑month period referred to in paragraph 1073K(2)(c) of that Act is on or after 20 March 2020;
then, for the purposes of working out the rate of jobseeker payment for the person, the amount of $5,000 referred to in subsection 1073K(2) of that Act is reduced by the amount of ordinary income disregarded in relation to the person and that period in working out the rate of newstart allowance for the person.
(1) Despite the amendments made by this Part, sections 1061ZA, 1061ZD and 1061ZDA of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out qualification for a pensioner concession card in relation to days before that commencement.(2) Despite the amendments made by this Part, paragraph 1061ZK(5)(c) of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out qualification for a health care card in relation to days before that commencement.(3) Despite the amendments made by this Part, point 1071A‑4 of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out whether a person satisfies the health care card income test at a time before that commencement.
352
Saving and transitional provisions—other Social Security Act 1991 provisions (1) Despite the amendments made by this Part, subparagraph 8(8)(r)(i) of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment made before, on or after that commencement that includes an amount calculated by reference to a rate of newstart allowance.
(1A) If:
(a) immediately before the commencement of this item, a person was receiving newstart allowance under the
Social Security Act 1991 ; and(b) at the commencement of this item, the person starts to receive jobseeker payment;
then, while the person continuously receives that jobseeker payment on and after that commencement, the reference in subsection 603AA(2) of that Act to jobseeker payment is taken to be a reference to newstart allowance.
(2) Subparagraphs 1067F(1)(d)(i) and 1067K(1)(d)(i) of the
Social Security Act 1991 apply on and after the commencement of this item as if a reference to jobseeker payment included a reference to newstart allowance.(3) Despite the amendments made by this Part, sections 1157E, 1157F, 1157JA and 1157JC of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out whether fringe benefits are assessable fringe benefits in connection with a person’s receipt of newstart allowance before, on or after that commencement.(4) Despite the amendments made by this Part, Part 3.14 of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to payments of newstart allowance before, on or after that commencement.(5) Despite the amendments made by this Part, subparagraph 1187(1A)(a)(ii) of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to newstart allowance payable to a person in respect of days occurring before that commencement.(6) Despite the amendments made by this Part, Divisions 2 and 3 of Part 3.15A of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a person qualified for newstart allowance, or to a person to whom newstart allowance was payable, in respect of days occurring before that commencement.(7) Despite the amendments made by this Part, Chapter 5 of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of newstart allowance made before, on or after that commencement.
353
Saving provisions— Social Security (Administration) Act 1999 (1) Despite the amendments made by this Part, Part 3 of, and Schedule 2 to, the
Social Security (Administration) Act 1999 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to the following:
(a) the making of claims for newstart allowance in respect of days occurring before that commencement;
(b) making a payment of newstart allowance in respect of days occurring before that commencement;
(c) a determination or requirement made under Part 3 of that Act before that commencement, or the making of a determination or requirement under Part 3 of that Act on or after that commencement, in relation to newstart allowance.
(2) Despite the amendments made by this Part, Parts 3B and 3D of the
Social Security (Administration) Act 1999 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a payment of newstart allowance made before, on or after that commencement.(3) Despite the amendments made by this Part, Parts 4 and 4A of the
Social Security (Administration) Act 1999 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a decision under the social security law, in relation to newstart allowance, made before, on or after that commencement.(4) The amendments made by this Part do not affect the validity of a cancellation under subsection 106B(1) of the
Social Security (Administration) Act 1999 before the commencement of this item.
354
Saving provisions— Veterans’ Entitlements Act 1986 (1) Despite the amendments made by this Part, subparagraph 5H(8)(v)(i) of the
Veterans’ Entitlements Act 1986 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment made before, on or after that commencement that includes an amount calculated by reference to a rate of newstart allowance.(2) Despite the amendments made by this Part, sections 118ND and 118NE of the
Veterans’ Entitlements Act 1986 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out the rate of newstart allowance in respect of days occurring before that commencement.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Repeal the heading, substitute:
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “allowance on the day that would, but for this subclause, be the person’s start day, the person’s start day is the first day, after what would otherwise (under subclause (4) or (5)) be the person’s start day, on which the person is qualified for the allowance”, substitute “payment or allowance on the day that would, but for this subclause, be the person’s start day, the person’s start day is the first day, after what would otherwise (under subclause (4) or (5)) be the person’s start day, on which the person is qualified for the payment or allowance”.
Omit “newstart allowance”, substitute “jobseeker payment”.
Omit “newstart allowance,”, substitute “jobseeker payment, newstart allowance under this Act as previously in force,”.
Omit “newstart allowance,”, substitute “jobseeker payment, newstart allowance under this Act as previously in force,”.
Repeal the paragraph.
Repeal the subparagraph.
Repeal the items.
Omit:
|
Omit:
|
Repeal the items.
Omit “and”.
Repeal the paragraph.
9
Subsection 12C(5) (paragraph (b) of the definition of couple’s assets deeming provisions ) Repeal the paragraph.
10
Subsection 19D(5) (paragraph (c) of the definition of maximum payment rate ) Repeal the paragraph.
11
Subsection 23(1) (paragraph (f) of the definition of social security entitlement ) Repeal the paragraph.
12
Subsection 23(1) (paragraph (g) of the definition of social security pension ) Repeal the paragraph.
13
Subsection 23(1) (paragraph (h) of the definition of special employment advance qualifying entitlement ) Repeal the paragraph.
Add:
(4) A woman is qualified for an age pension if:
(a) the woman was receiving a special needs widow B pension under Part 2.16 immediately before 20 March 2020; and
(b) the woman is not otherwise qualified for an age pension.
Repeal the Part.
Repeal the Division.
Omit “, a special needs disability pension or a special needs widow B pension”, substitute “or special needs disability pension”.
Repeal the sections.
Omit “pension; or”, substitute “pension.”.
Repeal the paragraph.
Omit “or widow B”.
Repeal the point.
Omit “
and widow B ”.
Omit “, carer payment or widow B pension”, substitute “or carer payment”.
Omit “
and widow B ”.
Omit “payment;”, substitute “payment.”.
Repeal the paragraph.
28
Subsection 1061JU(4) (paragraph (c) of the definition of maximum basic rate ) Repeal the paragraph.
Repeal the subparagraph.
Repeal the paragraph.
Omit “, a widow B pension”.
Repeal the Part.
33
Section 1067G (table item 18 in Module L of the Youth Allowance Rate Calculator) Repeal the item.
Repeal the paragraph.
Omit “, C”.
Repeal the heading, substitute:
Omit “Pension Rate Calculator C or”.
Repeal the heading, substitute:
Omit “Pension Rate Calculator C or”.
Omit “Pension Rate Calculator C or”.
Omit “or Pension Rate Calculator C at the end of section 1066”.
Omit “or point 1066‑E2 (whichever is relevant)”.
Omit “sections 1064 and 1066”, substitute “section 1064”.
Repeal the subparagraph.
Repeal the subparagraph.
Repeal the subparagraph.
Repeal the item.
Repeal the subparagraph.
Repeal the subparagraph.
Omit “[Pension Rate Calculator C—point 1066‑B1—the annual rate]”.
Omit “[Pension Rate Calculator C—point 1066‑E4—Table E—column 1]”.
Omit “[Pension Rate Calculator C—point 1066‑G3—Table G—column 3A—item 1]”.
Omit “[Pension Rate Calculator C—point 1066‑G3—Table G—column 3B—item 1]”.
Omit “[Pension Rate Calculator C—point 1066‑G3—Table G—column 3A—items 2 and 3]”.
Omit “[Pension Rate Calculator C—point 1066‑G3—Table G—column 3B—items 2 and 3]”.
Repeal the item.
Repeal the definition.
Repeal the items.
Omit “widow B pension,”.
Omit “widow B pension,”.
Before “A”, insert “(1)”.
Add:
(2) Subsection (1) does not apply to a woman if, immediately before 20 March 2020, subsection 1221(1) did not apply to the woman because of subsection 1221(2).
(3) Subsection (1) does not apply to a woman if, immediately before 20 March 2020, subsection 796(2) did not apply to the woman because of subsection 796(4).
(4) Subsection (1) does not apply to a woman if:
(a) immediately before 20 March 2020, the woman was receiving a widow B pension mentioned in subclause 128A(2) of Schedule 1A; and
(b) immediately before 20 March 2020, subclause 128A(5) of Schedule 1A applied to the woman in relation to that pension.
Repeal the section (not including the Pension Portability Rate Calculator), substitute:
This section sets out the Pension Portability Rate Calculator for the purposes of this Part.
64
Section 1221 (at the end of Module A of the Pension Portability Rate Calculator) Add:
Former recipients of widow B pension
1221‑A3 If:
(a) immediately before 20 March 2020, a woman was receiving a widow B pension under Part 2.8; and
(b) the woman had become qualified for the widow B pension because of the woman’s partner’s death; and
(c) on a day on or after 20 March 2020, the woman’s rate of age pension is worked out as mentioned in section 1220A; and
(d) on that day, that partner’s period of Australian working life residence (immediately before that partner’s death) exceeds the woman’s period of Australian working life residence on that day; and
(e) on that day, the woman is not a member of a couple;
then, for the purposes of working out that rate of age pension, the woman’s period of Australian working life residence is taken to be equal to that partner’s period of Australian working life residence (immediately before that partner’s death).
Repeal the subparagraph.
Repeal the subclause, substitute:
(2) This subclause applies to a person if:
(a) the person has become qualified to receive a disability support pension because of the 1986 Agreement; and
(b) the person became qualified to receive the pension because he or she became unable to work or became permanently blind, as the case may be, while he or she was in Australia or was temporarily absent from Australia.
Omit “or widow B pension”.
Repeal the subparagraph.
Omit “, 1065‑A1 or 1066‑A1”, substitute “or 1065‑A1”.
Omit “whichever of points 1064‑A1 and 1066‑A1 is relevant”, substitute “point 1064‑A1”.
Omit “points 1064‑A1 and 1066‑A1”, substitute “point 1064‑A1”.
Repeal the paragraph.
Repeal the paragraphs.
74
Subsection 124PD(1) (subparagraph (b)(v) of the definition of trigger payment ) Repeal the subparagraph.
75
Subclause 1(1) of Schedule 1 (paragraph (f) of the definition of social security bereavement payment ) Repeal the paragraph.
Omit “
or widow B pension ”.
Omit “or widow B pension”.
78 Subsection 5F(1) (paragraph (g) of the definition of child ) Repeal the paragraph.
79 Subsection 118ND(4) (paragraph (f) of the definition of bereavement payment provisions ) Repeal the paragraph.
80 Subsection 118NE(2) (paragraph (c) of the definition of remote area allowance provisions ) Repeal the paragraph.
Omit “, widow B pension”.
82
Saving and transitional provisions—widow B pension and special needs widow B pension
Widow B pension (1) Despite the amendments made by this Schedule, Parts 2.8 and 3.4 of, and clauses 128A and 146 of Schedule 1A to, the
Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out qualification for, or the rate of, widow B pension in respect of days occurring before that commencement.Note: Clause 128 of Schedule 1A to the
Social Security Act 1991 may also apply to working out the rate of widow B pension in respect of days occurring before that commencement.
(2) If before the commencement of this item:
(a) a person receiving widow B pension died; and
(b) in relation to that death, an amount had not been paid to a person under section 407 of the
Social Security Act 1991 ;then that section, as in force immediately before that commencement, continues to apply on and after that commencement in relation to that death as if the amendments made by this Schedule had not been made.
(3) No payment of widow B pension is to be made in accordance with Part 4.2 of the
Social Security Act 1991 on or after the commencement of this item in relation to a day on or after that commencement.
Special needs widow B pension (4) Despite the amendments made by this Schedule, Part 2.16 of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out qualification for, or the rate of, special needs widow B pension in respect of days occurring before that commencement.
(5) If before the commencement of this item:
(a) a person receiving special needs widow B pension died; and
(b) in relation to that death, an amount had not been paid to a person under section 830 of the
Social Security Act 1991 ;then that section, as in force immediately before that commencement, continues to apply on and after that commencement in relation to that death as if the amendments made by this Schedule had not been made.
(6) Subject to subitem (5), no payment of special needs widow B pension is to be made in accordance with Part 2.16 of the
Social Security Act 1991 on or after the commencement of this item in relation to a day on or after that commencement.
83
Saving provision— Income Tax Assessment Act 1936 Despite the amendments made by this Schedule, paragraph 202EA(5)(f) and subparagraph 202EB(5)(a)(vi) of the
Income Tax Assessment Act 1936 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a person receiving widow B pension under Part 2.8 of theSocial Security Act 1991 before, on or after that commencement.
84
Saving provision— Income Tax Assessment Act 1997 Despite the amendments made by this Schedule, items 29.1 and 33.1 of the table in section 52‑10 and section 52‑15 of the
Income Tax Assessment Act 1997 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a payment of widow B pension under Part 2.8, or special needs widow B pension under Part 2.16, of theSocial Security Act 1991 before, on or after that commencement.
(1) Despite the amendments made by this Schedule, subsection 7(4) of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out whether a person was an Australian resident for the purposes of Part 2.8 of that Act in relation to days before that commencement.(2) Despite the amendments made by this Schedule, section 12C of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out the value of a person’s assets for the purposes of Part 2.8 of that Act in relation to days before that commencement.(3) Despite the amendments made by this Schedule, section 19D of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out whether a person was in severe financial hardship in relation to days before that commencement.
(1) Despite the amendments made by this Schedule, Division 3 of Part 2.13A of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out qualification for an education entry payment before that commencement.(2) Despite the amendments made by this Schedule, subparagraph 1061PE(4)(e)(i) and paragraph 1061PJ(2)(e) of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out qualification for a pensioner education supplement in relation to days before that commencement.(3) Despite the amendments made by this Schedule, subparagraph 1061T(1)(a)(ii) of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out qualification for utilities allowance in relation to days before that commencement.
(1) Despite the amendments made by this Schedule, section 1061JU of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out the amount of a crisis payment in relation to days before that commencement.(2) Despite the amendments made by this Schedule, table item 18 in Module L of the Youth Allowance Rate Calculator in section 1067G of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to:
(a) working out if a person is a family member in relation to another person for the purposes of Part 2.11 of that Act and that Rate Calculator in relation to days before that commencement; or
(b) working out if a person is exempt from the parental income test for the purposes of that Rate Calculator in relation to days before that commencement.
(3) Despite the amendments made by this Schedule, paragraph 1070(b) of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out the rate of rent assistance in relation to widow B pension for days occurring before that commencement.
(1) If, before the commencement of this item a person had made an application under Division 2 of Part 2.22 of the
Social Security Act 1991 for an advance payment of a widow B pension but the application had not been decided before that commencement, then the application is taken to have been refused.(2) Despite the amendments made by this Schedule, Division 7 of Part 2.22 of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an advance payment, or an instalment of an advance payment, of widow B pension paid before that commencement.(3) If, before the commencement of this item a person had made a claim for a special employment advance under Part 2.22A of the
Social Security Act 1991 on the basis of being qualified for widow B pension but the claim had not been decided before that commencement, then the claim is taken to have been refused.(4) Despite the amendments made by this Schedule, Division 7 of Part 2.22A of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a special employment advance, or an instalment of a special employment advance, paid before that commencement in respect of widow B pension.
89
Saving and transitional provisions—pension loans scheme (1) If, before the commencement of this item a person had made a request under section 1136 of the
Social Security Act 1991 in relation to widow B pension but the request had not been decided before that commencement, then the request is taken to have been refused.(2) Despite the amendments made by this Schedule, Division 4 of Part 3.12 of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of widow B pension made before, on or after that commencement.
90
Saving provisions—other Social Security Act 1991 provisions (1) Despite the amendments made by this Schedule, subparagraph 1187(1)(a)(va) of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to widow B pension payable to a person in respect of days occurring before that commencement.(2) Despite the amendments made by this Schedule, Divisions 2 and 3 of Part 3.15A of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a person qualified for widow B pension, or to a person to whom widow B pension was payable, in respect of days occurring before that commencement.(3) Despite the amendments made by this Schedule, Chapter 5 of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of widow B pension, or special needs widow B pension, made before, on or after that commencement.
91
Saving provisions— Social Security (Administration) Act 1999 (1) Despite the amendments made by this Schedule, Part 3 of the
Social Security (Administration) Act 1999 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to the following:
(a) making a payment of widow B pension, or special needs widow B pension, in respect of days occurring before that commencement;
(b) a determination or requirement made under that Part before that commencement, or the making of a determination or requirement under that Part on or after that commencement, in relation to widow B pension or special needs widow B pension.
(2) Despite the amendments made by this Schedule, Parts 3B and 3D of the
Social Security (Administration) Act 1999 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a payment of widow B pension or special needs widow B pension, or of a social security bereavement payment in relation to widow B pension or special needs widow B pension, made before, on or after that commencement.(3) Despite the amendments made by this Schedule, Parts 4 and 4A of the
Social Security (Administration) Act 1999 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a decision under the social security law, in relation to widow B pension or special needs widow B pension, made before, on or after that commencement.
92
Saving provision— Social Security (International Agreements) Act 1999 Despite the amendments made by this Schedule, section 21 of the
Social Security (International Agreements) Act 1999 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out the rate of widow B pension in respect of days occurring before that commencement.
41
Transitional provision—instruments specifying payments for definition of relocation assistance An instrument made under paragraph 42S(3B)(b) of the Administration Act that was in force immediately before the commencement of this item continues in force (and may be dealt with) as if it had been made under subsection 42AO(3) of that Act (as amended by this Schedule).
Repeal the sections, substitute:
Persons who may be requested to provide tax file numbers
(1) The Secretary may make a request under subsection (2), (3) or (4) of a person (the
request recipient ) in Australia who:
(a) is making, or has made, a claim for a social security payment; or
(b) is receiving a social security payment (other than utilities allowance or energy supplement under Part 2.25B of the 1991 Act); or
(c) is making, or has made, a claim for a seniors health card, or a health care card that is income‑tested for the request recipient; or
(d) is the holder of a seniors health card, or a health care card that is income‑tested for the request recipient.
Requesting tax file number of request recipient
(2) The Secretary may request, but not compel, the request recipient:
(a) if the request recipient has a tax file number—to give the Secretary a written statement of the request recipient’s tax file number; or
(b) if the request recipient does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number; and
(ii) to give the Secretary a written statement of the request recipient’s tax file number after the Commissioner of Taxation has issued it.
Requesting tax file number of request recipient’s partner
(3) The Secretary may request, but not compel, the request recipient to give the Secretary a written statement of the tax file number of the request recipient’s partner if:
(a) the request recipient is a member of a couple; and
(b) the request recipient’s partner is in Australia.
Requesting tax file number of other person whose income is relevant to request recipient’s rate of payment
(4) If:
(a) the request recipient:
(i) is making, or has made, a claim for a social security payment; or
(ii) is receiving a social security payment; and
(b) the income of one or more other persons who are in Australia is required to be taken into account for the purpose of working out the rate of the social security payment;
the Secretary may request, but not compel, the request recipient to give the Secretary a written statement of the tax file number of any one or more of those other persons.
Satisfying request for tax file number
(1) If the Secretary requests a person (the
request recipient ) under section 75 to give the Secretary a written statement of the tax file number of a person (therelevant person ), the request recipient satisfies the request by giving the Secretary, within the period mentioned in subsection (2) of this section (if applicable):
(a) the written statement of the relevant person’s tax file number; or
(b) both of the following:
(i) a declaration that meets the requirements of subsection (3) and contains the statement required by subsection (4);
(ii) a document in which the relevant person authorises the Commissioner of Taxation to tell the Secretary the matters mentioned in subsection (5).
Note: The relevant person may be the request recipient or another person whose tax file number has been requested under subsection 75(3) or (4).
Period within which request must be satisfied
(2) Unless the request recipient was making a claim described in paragraph 75(1)(a) or (c) when the request under section 75 was made, the material mentioned in paragraph (1)(a) or (b) of this section must be given within 28 days after the making of the request.
Requirements for declarations
(3) A declaration mentioned in paragraph (1)(b) must be:
(a) for a request under subsection 75(2)—a TFN declaration; or
(b) for a request under subsection 75(3) or (4)—in accordance with a form approved by the Secretary.
(4) A declaration mentioned in paragraph (1)(b) must contain:
(a) a statement that the relevant person:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform the relevant person of his or her tax file number; or
(b) a statement that an application by the relevant person for a tax file number is pending.
Requirements for authorisation documents
(5) For the purposes of subparagraph (1)(b)(ii), the matters are as follows:
(a) in a case where the declaration contains a statement mentioned in paragraph (4)(a):
(i) whether the relevant person has a tax file number; and
(ii) if the relevant person has a tax file number—that number; and
(b) in a case where the declaration contains a statement mentioned in paragraph (4)(b):
(i) if a tax file number is issued to the relevant person—that number; or
(ii) if the application for a tax file number is refused or is withdrawn—that fact.
Consequences of not satisfying request for tax file number
(1) If the Secretary makes a request of a person under section 75, the consequences set out in the following table apply unless the person satisfies the request in accordance with section 76.
Note: The Secretary may exempt a person from the operation of this subsection (see subsection (4)).
1 | a person who was making a claim for a social security payment | the social security payment is not payable |
2 | a person who was making a claim for a seniors health card, or a health care card that is income‑tested for the person | the Secretary must not determine the claim |
3 | a person who had made a claim for, or was receiving, a social security payment | at the end of 28 days after the Secretary made the request, the social security payment ceases to be payable to the person |
4 | a person who had made a claim for, or was the holder of, a seniors health card, or a health care card that is income‑tested for the person | at the end of 28 days after the Secretary made the request, the Secretary must determine that the card is to be cancelled |
Consequences of relevant person not having tax file number after giving declaration
(2) The consequences set out in subsection (3) apply if:
(a) the Secretary makes a request under section 75 of a person (the
request recipient ); and(b) the request recipient satisfies the request by giving:
(i) a declaration mentioned in subparagraph 76(1)(b)(i) that contains a statement as required by subsection 76(4); and
(ii) a document in which the Commissioner of Taxation is authorised to tell the Secretary certain matters mentioned in subsection 76(5); and
(c) the Commissioner of Taxation tells the Secretary that the relevant person mentioned in paragraph 76(4)(a) (if applicable) does not have a tax file number or that any of the following apply in relation to the relevant person mentioned in paragraph 76(4)(b) (if applicable):
(i) the relevant person has not applied for a tax file number;
(ii) an application by the relevant person for a tax file number has been refused;
(iii) the relevant person has withdrawn an application for a tax file number.
Note 1: The relevant person may be the request recipient or another person whose tax file number has been requested under subsection 75(3) or (4).
Note 2: The Secretary may exempt a person from the operation of this subsection and subsection (3) (see subsection (4)).
(3) The consequences are that:
(a) if the request recipient is receiving a social security payment—the social security payment ceases to be payable to the recipient; and
(b) if the request recipient is the holder of a seniors health card, or a health care card that is income‑tested for the request recipient—the Secretary must determine that the card is to be cancelled.
Exemptions
(4) The Secretary may exempt a person who has been given a request under section 75 from the operation of either or both the following:
(a) subsection (1) of this section;
(b) subsections (2) and (3) of this section.
(5) Without limiting subsection (4), if the Secretary requests the request recipient under section 75 to give a written statement of another person’s tax file number, the Secretary may exempt the request recipient under subsection (4) if the Secretary is satisfied that:
(a) the request recipient does not know the other person’s tax file number; and
(b) the request recipient cannot satisfy the request in accordance with section 76.
Insert:
(ba) to verify, in respect of persons who have made claims under the social security law for seniors health cards, or health care cards that are income‑tested for those persons, the qualification of those persons for those cards;
Insert:
income‑tested : a health care card isincome‑tested for a person if the person is required by paragraph 1061ZO(2)(d), (3)(e) or (4)(d) to satisfy the health care card income test in order to qualify for the health care card.
Insert:
income‑tested in relation to a health care card: see subsection 6A(1).
Omit “subsections 76(1A) and 77(1A)”, substitute “subsection 77(1)”.
Repeal the note, substitute:
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).
Repeal the note, substitute:
Note: In some cases, the Secretary must cancel 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 holder (about providing tax file numbers): see subsections 77(1) and (3).
5
Section 121 (definition of adverse determination ) Omit “76(1B) or 77(1B) or”, substitute “77(1) or (3) determining that a seniors health card, or a health care card that is income‑tested for a person, is to be cancelled or under”.
Omit “76(1B) or 77(1B)”, substitute “77(1) or (3)”.
The amendments made by this Schedule apply in relation to a request that is made under section 75 of the Administration Act on or after the commencement of this item.
Omit “section 154, 155, 156, 157, 157A, 159A or”, substitute “Division 1 of Part 6 or section”.
Omit “is satisfied that a person has information, or custody or control of a document, that is relevant”, substitute “reasonably believes that a person will be able to give information, or produce a document or records, relevant”.
Add:
(3) Section 153A does not apply to the Secretary when complying with a request under subsection (1).
Repeal the subsection.
Insert:
The Secretary can only require a person to:
(a) give information; or
(b) produce a document; or
(c) produce records;
under this Division if the Secretary reasonably believes that the person will be able to give the information or produce the document or records.
Omit “that is in the person’s custody or under the person’s control”.
Omit “that is in the person’s custody or under the person’s control”.
Omit “that is in the person’s custody or under the person’s control”.
Add:
(6) The Secretary may require a person to give information, or produce a document or records, to a specified agency if the Secretary considers that the information, document or records may be relevant to an inquiry or investigation into a matter mentioned in subsection (1), (2), (3) or (4).
Omit “is in the person’s custody or under the person’s control and”.
Repeal the section, substitute:
The Secretary may require a person to give information, or produce a document, to a specified agency if the Secretary considers the information or document:
(a) would help the specified agency locate another person (the
debtor ) who owes a debt to the Commonwealth under or as a result of this Act; or(b) is relevant to the debtor’s financial situation.
Insert:
(ia) a description of the information, document or records to which the requirement relates; and
Add:
Note: The notice may describe the information, documents or records by class (see subsection 33(3AB) of the
Acts Interpretation Act 1901 ).
Repeal the subsection, substitute:
(5) If the notice requires the person to appear before an officer, the notice must specify:
(a) a time and place at which the person is to appear; and
(b) that the person may be accompanied by a lawyer.
Omit “that is in the person’s custody or under the person’s control”.
Insert:
(1) A person is not excused from giving information, or producing a document or records, under this Division on the ground that the information, or production of the document or records, might tend to incriminate the person or expose the person to a penalty.
(2) However, in the case of an individual:
(a) the information given or document or records produced; and
(b) giving the information or producing the document or records; and
(c) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the document or records;
are not admissible in evidence against the individual in any criminal proceedings, other than:
(d) proceedings for an offence against subsection 159(1); or
(e) proceedings for an offence against section 137.1 or 137.2 of the
Criminal Code that relates to this Division; or(f) proceedings for an offence against Division 145 of the
Criminal Code ; or(g) proceedings for an offence against section 177 that relates:
(i) to this Division; and
(ii) to a contravention of section 172 or subsection 173(1), 174(1) or 176(3).
Subject to subsection 159B(2), nothing in this Division prevents information given, or a document or records produced, under this Division by a person from being used in:
(a) an inquiry or investigation into a matter; or
(b) criminal proceedings.
Repeal the heading, substitute:
Before “Nothing”, insert “(1)”.
Add:
(2) This Division does not require a person to give information or produce a document or records to the extent that in doing so the person would contravene a law of the Commonwealth (other than a law of a Territory).
(1) The amendments of section 120 of the
A New Tax System (Family Assistance) (Administration) Act 1999 made by this Schedule apply in relation to requests made on or after the commencement of this item.(2) The amendments of Division 1 of Part 6 of the
A New Tax System (Family Assistance) (Administration) Act 1999 made by this Schedule apply in relation to requirements made under that Division on or after the commencement of this item.
Insert:
The Secretary can only require a person to:
(a) give information; or
(b) produce a document;
under this Subdivision if the Secretary reasonably believes that the person will be able to give the information or produce the document.
Omit “that is in the person’s custody or under the person’s control”.
Add:
(3) The Secretary may require a person to give information, or produce a document, to a specified agency if the Secretary considers that the information or document may be relevant to an inquiry or investigation into a matter mentioned in subsection (1) or (2).
Omit “is in the person’s custody or under the person’s control and”.
Repeal the section, substitute:
The Secretary may require a person to give information, or produce a document, to a specified agency if the Secretary considers the information or document:
(a) would help the specified agency locate another person (the
debtor ) who owes a debt to the Commonwealth under or because of this Act; or(b) is relevant to the debtor’s financial situation.
Note: The agency specified must be a PPL agency (see subsection 120(4)).
Insert:
(ia) a description of the information or document to which the requirement relates; and
Add:
Note: The notice may describe the information or documents by class (see subsection 33(3AB) of the
Acts Interpretation Act 1901 ).
Repeal the subsection, substitute:
(3) For the purposes of subparagraph (2)(b)(ii), the period must not end earlier than 14 days after the notice is given, unless the Secretary is satisfied that it is reasonable in the circumstances, for the purposes of the effective administration of this Act, to specify a shorter period.
Repeal the subsection, substitute:
(6) If the notice requires the person to appear before an officer, the notice must specify:
(a) a time and place at which the person is to appear; and
(b) that the person may be accompanied by a lawyer.
(7) For the purposes of subsection (6), the time must be at least 14 days after the notice is given, unless the Secretary is satisfied that it is reasonable in the circumstances, for the purposes of the effective administration of this Act, to specify an earlier time.
Repeal the heading, substitute:
Before “Nothing”, insert “(1)”.
Add:
(2) This Subdivision does not require a person to give information or produce a document to the extent that in doing so the person would contravene a law of the Commonwealth (other than a law of a Territory).
33
At the end of Subdivision A of Division 2 of Part 4‑1 Add:
(1) A person is not excused from giving information, or producing a document, under this Subdivision on the ground that the information, or production of the document, might tend to incriminate the person or expose the person to a penalty.
(2) However, in the case of an individual:
(a) the information given or document produced; and
(b) giving the information or producing the document; and
(c) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the document;
are not admissible in evidence against the individual in any criminal proceedings, other than:
(d) proceedings for an offence against subsection 122(1); or
(e) proceedings for an offence against section 137.1 or 137.2 of the
Criminal Code that relates to this Subdivision; or(f) proceedings for an offence against Division 145 of the
Criminal Code .
Subject to subsection 122A(2), nothing in this Subdivision prevents information given, or a document produced, under this Subdivision by a person from being used in:
(a) an inquiry or investigation into a matter; or
(b) criminal proceedings.
Omit “section 117, 118 or 119 (which deal”, substitute “Subdivision A of Division 2 of Part 4‑1 (which deals”.
Omit “is satisfied that a person has information, or custody or control of a document”, substitute “reasonably believes that a person will be able to give information, or produce a document”.
Add:
(3) Section 116A does not apply to the Secretary when complying with a request under subsection (1).
(1) The amendments of Subdivision A of Division 2 of Part 4‑1 of the
Paid Parental Leave Act 2010 made by this Schedule apply in relation to requirements made under that Subdivision on or after the commencement of this item.(2) The amendments of section 231 of the
Paid Parental Leave Act 2010 made by this Schedule apply in relation to requests made on or after the commencement of this item.
Omit “section 192, 193, 194 or 195”, substitute “Division 1 of Part 5”.
Omit “is satisfied that a person has information, or has custody or control of a document”, substitute “reasonably believes that a person will be able to give information, or produce a document”.
Add:
(3) Section 191A does not apply to the Secretary when complying with a request under subsection (1).
Omit “(1)”.
Repeal the subsection.
Insert:
The Secretary can only require a person to:
(a) give information; or
(b) produce a document;
under this Division if the Secretary reasonably believes that the person will be able to give the information or produce the document.
Omit “that is in the person’s custody or under the person’s control”.
Omit “the payment”, substitute “a social security payment”.
Insert:
(aa) the question whether a person is or was qualified for a social security payment for which a claim is not required;
Add:
; (k) an inquiry or investigation into a matter mentioned in any of the above paragraphs.
Omit “is in the person’s custody or under the person’s control and”.
Repeal the section, substitute:
The Secretary may require a person to give information, or produce a document, to the Department if the Secretary considers the information or document:
(a) would help the Department locate another person (the
debtor ) who owes a debt to the Commonwealth under or as a result of the social security law; or(b) is relevant to the debtor’s financial situation.
Insert:
(ia) a description of the information or document to which the requirement relates; and
Add:
Note: The notice may describe the information or documents by class (see subsection 33(3AB) of the
Acts Interpretation Act 1901 ).
Repeal the subsection, substitute:
(3) For the purposes of subparagraph (2)(b)(ii), the period must not end earlier than 14 days after the notice is given, unless the Secretary is satisfied that it is reasonable in the circumstances, for the purposes of the effective administration of the social security law, to specify a shorter period.
Repeal the subsection, substitute:
(5) If the notice requires the person to appear before an officer, the notice must specify:
(a) a time and place at which the person is to appear; and
(b) that the person may be accompanied by a lawyer.
(6) For the purposes of subsection (5), the time must be at least 14 days after the notice is given, unless the Secretary is satisfied that it is reasonable in the circumstances, for the purposes of the effective administration of the social security law, to specify an earlier time.
Insert:
(1) A person is not excused from giving information, or producing a document, under this Division on the ground that the information, or production of the document, might tend to incriminate the person or expose the person to a penalty.
(2) However, in the case of an individual:
(a) the information given or document produced; and
(b) giving the information or producing the document; and
(c) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the document;
are not admissible in evidence against the individual in any criminal proceedings, other than:
(d) proceedings for an offence against subsection 197(1); or
(e) proceedings for an offence against section 137.1 or 137.2 of the
Criminal Code that relates to this Division; or(f) proceedings for an offence against Division 145 of the
Criminal Code ; or(g) proceedings for an offence against section 217 that relates:
(i) to this Division; and
(ii) to a contravention of subsection 212(1), 213(1), 214(1), 214(2) or 216(3).
Subject to subsection 197A(2), nothing in this Division prevents information given, or a document produced, under this Division by a person from being used in:
(a) an inquiry or investigation into a matter; or
(b) criminal proceedings.
Repeal the heading, substitute:
Before “Nothing”, insert “(1)”.
Add:
(2) This Division does not require a person to give information or produce a document to the extent that in doing so the person would contravene a law of the Commonwealth (other than a law of a Territory).
(1) The amendments of section 166 of the
Social Security (Administration) Act 1999 made by this Schedule apply in relation to requests made on or after the commencement of this item.(2) The amendments of Division 1 of Part 5 of the
Social Security (Administration) Act 1999 made by this Schedule apply in relation to requirements made under that Division on or after the commencement of this item.
Omit “section 343 or 345”, substitute “Division 2 of Part 10”.
Omit “other than section 349”.
Omit “sections 348 and 349”, substitute “section 348”.
Repeal the subsection.
Insert:
The Secretary can only require a person to:
(a) give information; or
(b) produce a document;
under this Division if the Secretary reasonably believes that the person will be able to give the information or produce the document.
Omit “that is in the person’s custody or under the person’s control”.
Omit “the benefit”, substitute “a student assistance benefit under this Act”.
66
At the end of subsection 343(1) (before the note) Add:
; or (f) an inquiry or investigation into a matter mentioned in any of the above paragraphs.
Repeal the note.
Omit “is in the person’s custody or under the person’s control and”.
Repeal the note.
Repeal the section, substitute:
The Secretary may require a person to give information, or produce a document, to the Department if the Secretary considers the information or document:
(a) would help the Department locate another person (the
debtor ) who owes a debt to the Commonwealth under this Act in relation to a student assistance benefit; or(b) is relevant to the debtor’s financial situation.
Repeal the subsection, substitute:
Contents of notice
(2) The notice must specify:
(a) a description of the information or document to which the requirement relates; and
(b) how the person is to give the information or produce the document to which the requirement relates; and
(c) the period within which the person is to give the information or produce the document; and
(d) the officer (if any) to whom the information is to be given or the document is to be produced; and
(e) that the notice is given under this section.
Note: The notice may describe the information or documents by class (see subsection 33(3AB) of the
Acts Interpretation Act 1901 ).
Repeal the subsection, substitute:
Time limit for providing information or document
(4) For the purposes of paragraph (2)(c), the period must not end earlier than 14 days after the notice is given, unless the Secretary is satisfied that it is reasonable in the circumstances, for the purposes of the effective administration of this Act, to specify a shorter period.
Repeal the subsection, substitute:
Time and place for appearance
(6) If the notice requires the person to appear before an officer, the notice must specify:
(a) a time and place at which the person is to appear; and
(b) that the person may be accompanied by a lawyer.
(7) For the purposes of subsection (6), the time must be at least 14 days after the notice is given, unless the Secretary is satisfied that it is reasonable in the circumstances, for the purposes of the effective administration of this Act, to specify an earlier time.
Insert:
(1) A person is not excused from giving information, or producing a document, under this Division on the ground that the information, or production of the document, might tend to incriminate the person or expose the person to a penalty.
(2) However, in the case of an individual:
(a) the information given or document produced; and
(b) giving the information or producing the document; and
(c) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the document;
are not admissible in evidence against the individual in any criminal proceedings, other than:
(d) proceedings for an offence against subsection 347(10); or
(e) proceedings for an offence against section 137.1 or 137.2 of the
Criminal Code that relates to this Division; or(f) proceedings for an offence against Division 145 of the
Criminal Code .
Subject to subsection 347A(2), nothing in this Division prevents information given, or a document produced, under this Division by a person from being used in:
(a) an inquiry or investigation into a matter; or
(b) criminal proceedings.
Repeal the heading, substitute:
Before “Nothing”, insert “(1)”.
Add:
(2) This Division does not require a person to give information or produce a document to the extent that in doing so the person would contravene a law of the Commonwealth (other than a law of a Territory).
The amendments of Division 2 of Part 10 of the
Student Assistance Act 1973 made by this Schedule apply in relation to requirements made under that Division on or after the commencement of this item.
Schedule 18 — Aligning social security and disability discrimination law
Repeal the paragraph, substitute:
(d) the
Social Security Act 1991 or a legislative instrument made under that Act; or(da) the
Social Security (Administration) Act 1999 or a legislative instrument made under that Act; or(db) the
Social Security (International Agreements) Act 1999 ; or
[
(147/17) |
0
0
0