Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the Social Security (Administration) Act 1999, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 12 Nov 2020
Introduced Senate 12 Nov 2020
Table of contents.

 

 

2019‑2020

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

Social Security (Administration) Amendment (Protecting Consumers from Predatory Leasing Practices) Bill 2020

 

No.      , 2020

 

(Senator McAllister)

 

 

 

A Bill for an Act to amend the Social Security (Administration) Act 1999, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Social Security (Administration) Act 1999                                                             3

 

 


A Bill for an Act to amend the Social Security (Administration) Act 1999, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Social Security (Administration) Amendment (Protecting Consumers from Predatory Leasing Practices) Act 2020.

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.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Schedule 1

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted.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 1Amendments

  

Social Security (Administration) Act 1999

1  Subsection 61A(2)

Omit “The”, substitute “Subject to subsection (3), the”.

2  At the end of section 61A

Add:

             (3)  The Secretary may not make the deductions requested by the person if the deductions relate to goods hired under a consumer lease entered into by the person where:

                     (a)  the goods are hired wholly or predominantly for personal, domestic or household purposes; and

                     (b)  a charge is or may be made for hiring the goods and the charge together with any other amount payable under the consumer lease exceeds the cash price of the goods; and

                     (c)  the lessor hires the goods in the course of a business of hiring goods carried on in this jurisdiction or as part of or incidentally to any other business of the lessor carried on in this jurisdiction.

3  Subclause 1(1) of Schedule 1

Insert:

consumer lease means a contract for the hire of goods by a natural person or strata corporation under which that person or corporation does not have a right or obligation to purchase the goods.

4  Application of amendments

Despite the amendments made by this Schedule, section 61A of the Social Security (Administration) Act 1999, as in force immediately before this item commences, continues in force in relation to a request made by a person to the Secretary relating to goods hired by the person under a consumer lease prior to the commencement of this item.