Social Security (Family Actual Means Test) Repeal Regulations 2004 2004 No. 297
EXPLANATORY STATEMENT
Statutory Rules 2004 No. 297
Issued by the Authority of the Minister for Family and Community Services
Social Security (Administration) Act 1999
Social Security (Family Actual Means Test) Repeal Regulations 2004
Subsection 243(1) of the Social Security (Administration) Act 1999 (the Admin Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Social Security Act 1991 (the Act) or the Admin Act, or necessary or convenient to be prescribed for carrying out or giving effect to the Act or the Admin Act.
The contents of the Social Security (Family Actual Means Test) Regulations 1998 (the Principal Regulations) have been moved into the Act as a result of the enactment of the Youth Allowance Consolidation Act 2000.
The purpose of the proposed Regulations is to repeal the Principal Regulations (and other amending Regulations) because they are now redundant.
Subsection 33(3) of the Acts Interpretation Act 1901 provides in part, that where an Act confers a power to make regulations, the power shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner to repeal any such regulations. The contrary intention does not appear in the Admin Act, therefore the power to make regulations under subsection 243(l) of that Act shall be construed to include a power to repeal regulations.
Neither the Act nor the Admin Act specify any conditions that must be met before the power to make the proposed Regulations may be exercised.
The Regulations will commence on the date of their notification in the Gazette.
Overview
The Social Security (Family Actual Means Test) Repeal Regulations 2004 were enacted to repeal the Social Security (Family Actual Means Test) Regulations 1998, which had become redundant due to changes brought about by the Youth Allowance Consolidation Act 2000. These regulations were issued under the authority of the Minister for Family and Community Services, in accordance with the Social Security (Administration) Act 1999. The primary objective of these regulations was to streamline the legislative framework by removing outdated regulations, thereby facilitating a more efficient administration of social security matters. The power to repeal the regulations is derived from subsection 243(1) of the Social Security (Administration) Act 1999, and the Regulations will take effect on the date they are notified in the Gazette.
Scope and Application
The Social Security (Family Actual Means Test) Repeal Regulations 2004, made under the Social Security (Administration) Act 1999, aim to repeal the Social Security (Family Actual Means Test) Regulations 1998, which have become redundant following the enactment of the Youth Allowance Consolidation Act 2000. These regulations apply to the persons and entities subject to the Social Security Act 1991, primarily those involved in the assessment and payment of social security benefits to families, ensuring that the means test provisions are no longer in effect. The geographic reach of these regulations is national, aligning with the broader scope of the Social Security Act 1991, which applies across Australia. The Regulations are intended to streamline the legislative framework by removing outdated provisions, ensuring that the administration of social security benefits is consistent and up-to-date. The power to make these Regulations is supported by subsection 243(1) of the Social Security (Administration) Act 1999, and the authority to repeal is affirmed by subsection 33(3) of the Acts Interpretation Act 1901, as no contrary intention is specified in the Act. The Regulations will take effect from the date they are notified in the Gazette.
Key Provisions
The key provisions of the Social Security (Family Actual Means Test) Repeal Regulations 2004 (the Regulations) focus on repealing the Social Security (Family Actual Means Test) Regulations 1998 (the Principal Regulations) and other amending regulations that have become redundant (section 1). These regulations are made under the authority provided by subsection 243(1) of the Social Security (Administration) Act 1999 (Admin Act). The necessity for these regulations arises from the transfer of the contents of the Principal Regulations into the Social Security Act 1991 (the Act) due to the enactment of the Youth Allowance Consolidation Act 2000. This repeal is justified under subsection 33(3) of the Acts Interpretation Act 1901, which allows for the repeal of regulations if no contrary intention is expressed in the enabling Act. In this case, no such contrary intention exists in the Admin Act, thereby permitting the repeal.
The obligations imposed by these Regulations are primarily administrative. They require the formal repeal of the Principal Regulations and any other amending regulations that have been incorporated into the Act. This is a procedural step to ensure that the legal framework is kept up to date and that outdated or redundant regulations do not remain in force. The Regulations themselves do not impose any substantive obligations on parties or entities; rather, their role is to streamline and simplify the legislative framework by eliminating outdated regulations.
Under these Regulations, there are no specific offences, penalties, or civil or criminal consequences for breach as they are primarily concerned with the repeal of existing regulations. However, the failure to repeal redundant regulations could potentially lead to legal uncertainties or complications in the administration of social security laws. By issuing these Regulations, the government aims to avoid such issues by ensuring that only current and relevant regulations are in force. The primary consequence of not repealing these regulations would be continued legal ambiguity and potential administrative difficulties in applying the social security laws.