Social Security Legislation Amendment (Digital Television Switch‑over) Act 2009
No. 58, 2009
An Act to amend the Social Security (Administration) Act 1999, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Social Security (Administration) Act 1999
Social Security Legislation Amendment (Digital Television Switch-over) Act 2009
No. 58, 2009
An Act to amend the Social Security (Administration) Act 1999, and for related purposes
[Assented to 26 June 2009]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Social Security Legislation Amendment (Digital Television Switch‑over) Act 2009.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 26 June 2009 |
2. Schedule 1 | The day after this Act receives the Royal Assent. | 27 June 2009 |
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Social Security (Administration) Act 1999
1 Subsection 202(1)
Omit “or the Family Homelessness Prevention and Early Intervention Pilot”, substitute “, the Family Homelessness Prevention and Early Intervention Pilot or the Digital Switch‑over Household Assistance Program”.
2 After paragraph 202(2)(da)
Insert:
(db) for the purposes of the Digital Switch‑over Household Assistance Program; or
3 Subclause 1(1) of Schedule 1
Insert:
Digital Switch‑over Household Assistance Program means the program that:
(a) is administered by the Commonwealth; and
(b) involves the provision and/or installation of any or all of the following:
(i) set‑top boxes;
(ii) cables;
(iii) antennas;
for the purposes of enabling the members of certain households to view television programs transmitted in digital mode (within the meaning of Schedule 4 to the Broadcasting Services Act 1992).
[Minister’s second reading speech made in—
House of Representatives on 13 May 2009
Senate on 15 June 2009]
Overview
The Social Security Legislation Amendment (Digital Television Switch-over) Act 2009 was enacted by the Parliament of Australia to address the impending transition from analogue to digital television broadcasting, a shift that would significantly impact low-income households' ability to access television services. The policy objective of this Act is to ensure that vulnerable Australians are supported during this technological transition by providing financial assistance for the necessary equipment. This assistance is delivered through the Digital Switch-over Household Assistance Program, which is incorporated into the Social Security (Administration) Act 1999. The Act aims to smooth the transition for those reliant on social security payments by helping them acquire digital viewing equipment such as set-top boxes, cables, and antennas.
Scope and Application
The Social Security Legislation Amendment (Digital Television Switch-over) Act 2009 amends the Social Security (Administration) Act 1999 to incorporate provisions relating to the Digital Switch-over Household Assistance Program. This Act applies to individuals and households that are eligible for assistance under the program, which is designed to support the transition from analogue to digital television broadcasting. The Act provides for the administration of the program by the Commonwealth, which includes the provision and/or installation of set-top boxes, cables, and antennas to enable eligible households to view digital television programs. The amendments commenced on 27 June 2009, the day after the Act received Royal Assent. The Act extends its application through subordinate instruments, which may further define the specifics of the program and eligibility criteria.
Key Provisions
The Social Security Legislation Amendment (Digital Television Switch-over) Act 2009 (sections 1 to 3) received Royal Assent on 26 June 2009, with further provisions taking effect the following day, 27 June 2009. This Act amends the Social Security (Administration) Act 1999, specifically to introduce the Digital Switch-over Household Assistance Program. The amendments, detailed in Schedule 1, include the addition of a new subsection 202(1) to include the Digital Switch-over Household Assistance Program as a program for which certain payments may be made, alongside the Family Homelessness Prevention and Early Intervention Pilot (subsection 202(1)). The Act also inserts a new paragraph 202(2)(db) to clarify that payments under the Digital Switch-over Household Assistance Program can be made for specified purposes (Schedule 1, item 1). Additionally, the Act defines the Digital Switch-over Household Assistance Program in subclause 1(1) of Schedule 1, describing it as a Commonwealth-administered program that provides or installs set-top boxes, cables, and antennas to enable certain households to view digital television programs (Schedule 1, item 2).
The Act imposes several obligations on parties involved in the Digital Switch-over Household Assistance Program. Firstly, it mandates that the program must be administered by the Commonwealth and involves the provision and/or installation of set-top boxes, cables, and antennas for the specified purpose. Furthermore, it sets out that payments can be made under this program for particular purposes, as defined in the amended subsection 202(2). These obligations ensure that the program is implemented in a manner that aligns with its intended purpose of facilitating the transition to digital television.
While the Act itself does not explicitly detail specific offences, penalties, or consequences for breaches related to the Digital Switch-over Household Assistance Program, it is reasonable to infer that breaches of the terms and conditions governing the administration and payments under this program could result in legal ramifications. Given that the Act amends the Social Security (Administration) Act 1999, it is likely that any breaches of the Digital Switch-over Household Assistance Program could be subject to the penalties and enforcement measures provided under the broader social security legislation, which may include fines, recovery of payments, and potential criminal charges for serious or deliberate breaches. The exact nature and severity of penalties would depend on the specific circumstances and the applicable provisions of the Social Security (Administration) Act 1999.