Overview

The Social Security (Assurances of Support) (FaHCSIA) Amendment Determination 2011 was enacted to address the need for updating references within the Social Security (Assurance of Support) (FaHCSIA) Determination 2007, aligning with changes in the Acts Interpretation Act 1901. This amendment was necessary following the Acts Interpretation Amendment Act 2011, which altered the location of the definition of ‘individual’ within the Interpretation Act. Specifically, the Amendment Determination ensures that the Social Security Act 1991 correctly references the updated definition of ‘individual’ as contained in section 2B of the Interpretation Act, effective from 27 December 2011. The determination was made under the authority of the Minister for Families, Housing, Community Services and Indigenous Affairs, and it aims to maintain consistency and accuracy in the legislative framework governing assurance of support requirements for social security payments. The amendment is of a minor technical nature, with no significant regulatory or compliance impacts.

Scope and Application

The Social Security (Assurances of Support) (FaHCSIA) Amendment Determination 2011 applies to individuals who are required to provide assurances of support under the Social Security Act 1991, ensuring that the definition of 'individual' aligns with the updated Acts Interpretation Act 1901. This amendment is necessary due to the Acts Interpretation Amendment Act 2011, which changes the location of the definition of 'individual' within the Interpretation Act. The Amendment Determination updates the reference to the relevant section of the Interpretation Act to maintain consistency and clarity in the legal framework. This amendment does not extend to bodies or entities and is limited to ensuring that the definition of 'individual' remains accurate in the context of the assurance of support provisions. The changes are effective from 27 December 2011, coinciding with the amendments to the Interpretation Act, and are not intended to impact business activities or introduce significant compliance costs.

Key Provisions

The Social Security (Assurances of Support) (FaHCSIA) Amendment Determination 2011 (the Amendment Determination) modifies the Social Security (Assurance of Support) (FaHCSIA) Determination 2007 (the Principal Determination) by updating the reference to the definition of 'individual' in the Acts Interpretation Act 1901 (the Interpretation Act). This amendment is necessary because the Acts Interpretation Amendment Act 2011 will change the location of the definition of 'individual' within the Interpretation Act from section 22 to section 2B, effective from 27 December 2011. Despite this change, the definition itself remains unchanged, continuing to mean 'a natural person'. The Amendment Determination is structured in such a way that Section 1 provides the name of the instrument, and Section 2 specifies the commencement date, which aligns with the amendments to the Interpretation Act. Section 3 of the Amendment Determination indicates that Schedule 1 will amend the Principal Determination. The Amendment Determination imposes specific obligations on the parties governed by it. The primary requirement is to ensure that the reference to the definition of 'individual' in the Interpretation Act is updated to reflect the legislative change. This is achieved by amending the note at the foot of subsection 7(1) of the Principal Determination, ensuring that the requirements in section 7 apply to individuals and not to corporate bodies. By making this amendment, the determination maintains the integrity of the assurance of support program under the Social Security Act 1991 by ensuring that the definition aligns with current legislative standards. There are no explicit offences, penalties, or civil/criminal consequences outlined in the Amendment Determination itself. However, the underlying Social Security Act 1991 contains provisions for penalties and enforcement mechanisms in the event of non-compliance with the assurance of support requirements. For example, providing false information or failing to meet the assurance of support obligations can lead to civil or criminal penalties, including fines and imprisonment, depending on the severity and intent of the breach. The exact penalties would be determined by the courts based on the specific circumstances of each case. The Amendment Determination, being a technical update, does not introduce new penalties but ensures that the existing legislative framework remains accurate and enforceable.