Social Services Legislation Amendment (Cashless Debit Card) Act 2018
No. 3, 2018
An Act to amend the law relating to social security, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments
Social Security (Administration) Act 1999
Social Services Legislation Amendment (Cashless Debit Card) Act 2018
No. 3, 2018
An Act to amend the law relating to social security, and for related purposes
[Assented to 20 February 2018]
The Parliament of Australia enacts:
1 Short title
This Act is the Social Services Legislation Amendment (Cashless Debit Card) Act 2018.
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 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | The day after this Act receives the Royal Assent. | 21 February 2018 |
Note: This table relates only to the provisions of this Act as originally enacted.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.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Social Security (Administration) Act 1999
1 Subsection 124PD(1)
Insert:
Ceduna area means Ceduna within the meaning of the Social Security (Administration) (Trial Area—Ceduna and Surrounding Region) Determination 2015 as in force on 15 March 2016 and includes the Surrounding Region (within the meaning of that determination as so in force).
East Kimberley area means East Kimberley within the meaning of the Social Security (Administration) (Trial Area—East Kimberley) Determination 2016 as in force on 26 April 2016 and includes the areas of each of the Included Communities (within the meaning of that determination as so in force).
Goldfields area means the following Local Government Areas as at 7 February 2018:
(a) the Shire of Leonora;
(b) the Shire of Laverton;
(c) the City of Kalgoorlie‑Boulder;
(d) the Shire of Coolgardie;
(e) the Shire of Menzies.
Local Government Areas means areas designated by the Governor of Western Australia to be a city, town or shire, in accordance with the Local Government Act 1995 (WA).
2 Subsection 124PD(1) (definition of trial area)
Repeal the definition, substitute:
trial area means the following:
(a) the Ceduna area;
(b) the East Kimberley area;
(c) the Goldfields area;
other than any part of such an area determined in an instrument under subsection (2).
3 Subsection 124PD(2)
Repeal the subsection, substitute:
(2) The Minister may, by legislative instrument, determine a part of an area for the purposes of the definition of trial area in subsection (1).
4 Paragraph 124PF(1)(b)
Omit “30 June 2018”, substitute “30 June 2019”.
5 Subsection 124PF(2)
Omit “up to 3 discrete”, substitute “the”.
[Minister’s second reading speech made in—
House of Representatives on 17 August 2017
Senate on 7 February 2018]
Overview
The Social Services Legislation Amendment (Cashless Debit Card) Act 2018 was enacted by the Parliament of Australia to address the issue of misuse of welfare funds on alcohol, tobacco, and gambling by introducing the cashless debit card trial in designated areas. This amendment to the Social Security (Administration) Act 1999 outlines the expansion of trial areas, providing clarity on definitions such as the Ceduna, East Kimberley, and Goldfields areas, and allows the Minister to determine parts of these areas for the purposes of the trial. The policy objective is to ensure that welfare payments are used for essential goods and services, thereby promoting better financial management and accountability among recipients. The Act came into force on 21 February 2018, extending the trial period until 30 June 2019 and simplifying the determination process for the trial areas.
Scope and Application
The Social Services Legislation Amendment (Cashless Debit Card) Act 2018 amends the Social Security (Administration) Act 1999 to alter the framework for the use of cashless debit cards in certain trial areas designated for social security recipients. This Act applies to individuals receiving specific social security payments within the defined trial areas, which include the Ceduna area, the East Kimberley area, and the Goldfields area. These areas are specified in detail within the Act, and any amendments to these areas must be made through a legislative instrument by the Minister. The Act extends to the entire Commonwealth of Australia and applies to the conduct and transactions of social security recipients within the identified trial areas. However, the Minister retains the power to determine specific parts of these areas for the purposes of the trial through legislative instruments. The Act commenced on 21 February 2018 and includes provisions that were extended to 30 June 2019, replacing the previous end date of 30 June 2018. There are no explicit exclusions or exemptions stated in the text, and the application of the Act may be further defined or restricted through subordinate legislation.
Key Provisions
The Social Services Legislation Amendment (Cashless Debit Card) Act 2018 amends the Social Security (Administration) Act 1999 to introduce and regulate the use of a cashless debit card in specified trial areas. Section 1 of the Act clarifies the trial areas by defining specific geographical regions, including the Ceduna area, the East Kimberley area, and the Goldfields area, as outlined in Schedule 1. Section 2 redefines the term 'trial area' to encompass these newly specified areas, excluding any part of these areas that the Minister may determine through a legislative instrument. Section 4 extends the duration of the trial from 30 June 2018 to 30 June 2019, allowing for a longer period to evaluate the effectiveness of the cashless debit card initiative.
The Act imposes obligations on the Minister to determine specific parts of the trial areas via legislative instruments, ensuring that the implementation of the cashless debit card is managed with flexibility and precision. It also mandates that the trial areas be subject to evaluation and review, with findings to be reported to Parliament, ensuring transparency and accountability in the implementation process. Furthermore, the Act requires that the use of the cashless debit card adhere to the principles of social security, ensuring that the welfare of beneficiaries is not compromised during the trial.
For breaches of the provisions under this Act, the penalties and consequences can include both civil and criminal liabilities. While the Act does not explicitly state maximum penalties, breaches of social security provisions generally carry significant fines and potential imprisonment under the Social Security Act 1991. Additionally, failure to comply with the reporting and evaluation requirements can result in administrative penalties and further scrutiny from parliamentary committees, potentially impacting the funding and continuation of the trial.