Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the law relating to social security, and for related purposes
Administered by: Social Services
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 28 Jul 2022
Introduced HR 27 Jul 2022
Table of contents.

2022

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Bill 2022

 

No.      , 2022

 

(Social Services)

 

 

 

A Bill for an Act to amend the law relating to social security, and for related purposes

  

  


Contents

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

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

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

Schedule 1—Amendments                                                                                                3

Part 1—Stage 1 amendments                                                                                    3

Social Security (Administration) Act 1999                                                             3

Part 2—Stage 2 amendments                                                                                  15

A New Tax System (Family Assistance) (Administration) Act 1999                 15

National Emergency Declaration Act 2020                                                         15

Social Security Act 1991                                                                                          15

Social Security (Administration) Act 1999                                                           16

 

 


A Bill for an Act to amend the law relating to social security, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022.

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, Part 1

The later of:

(a) the day after this Act receives the Royal Assent; and

(b) 19 September 2022.

 

3.  Schedule 1, Part 2

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

 

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

Part 1Stage 1 amendments

Social Security (Administration) Act 1999

1  Section 123TC

Insert:

closure day means the day on which Part 1 of Schedule 1 to the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 commences.

repeal day means the day on which Part 2 of Schedule 1 to the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 commences.

2  At the end of subsection 123UC(1)

Add:

             ; and (i)  if the person was a program participant under section 124PGE on the day before the closure day—at the test time, the person is included in a class of persons determined in an instrument under subsection (3) of this section.

3  At the end of section 123UC

Add:

             (3)  The Minister may, by legislative instrument, determine a class of persons for the purposes of paragraph (1)(i).

4  At the end of subsection 123UCA(1)

Add:

             ; and (f)  if the person was a program participant under section 124PGE on the day before the closure day and on or after that day the person has ceased to be a program participant under that section—at the test time, the person is included in a class of persons determined in an instrument under subsection (4) of this section.

5  Paragraph 123UCA(2)(c)

Omit “and (e)”, substitute “, (e) and (f)”.

6  Subsection 123UCA(2)

Omit “or (e)”, substitute “, (e) or (f)”.

7  At the end of section 123UCA

Add:

             (4)  The Minister may, by legislative instrument, determine a class of persons for the purposes of paragraph (1)(f).

             (5)  If:

                     (a)  a person was a program participant under section 124PGE on the day before the closure day; and

                     (b)  on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;

then, despite subsection (1) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.

8  At the end of subsection 123UCB(1)

Add:

            ; and (h)  if the person was a program participant under section 124PGE on the day before the closure day and on or after that day the person has ceased to be a program participant under that section—at the test time, the person is included in a class of persons determined in an instrument under subsection (5) of this section.

9  Paragraph 123UCB(3)(c)

Omit “, and (f)”, substitute “, (f) and (h)”.

10  Paragraph 123UCB(3)(d)

Omit “, or (f)”, substitute “, (f) or (h)”.

11  At the end of section 123UCB

Add:

             (5)  The Minister may, by legislative instrument, determine a class of persons for the purposes of paragraph (1)(h).

             (6)  If:

                     (a)  a person was a program participant under section 124PGE on the day before the closure day; and

                     (b)  on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;

then, despite subsections (1) and (2) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.

12  At the end of subsection 123UCC(1)

Add:

            ; and (h)  if the person was a program participant under section 124PGE on the day before the closure day and on or after that day the person has ceased to be a program participant under that section—at the test time, the person is included in a class of persons determined in an instrument under subsection (5) of this section.

13  Paragraph 123UCC(3)(c)

Omit “, and (f)”, substitute “, (f) and (h)”.

14  Paragraph 123UCC(3)(d)

Omit “, or (f)”, substitute “, (f) or (h)”.

15  At the end of section 123UCC

Add:

             (5)  The Minister may, by legislative instrument, determine a class of persons for the purposes of paragraph (1)(h).

             (6)  If:

                     (a)  a person was a program participant under section 124PGE on the day before the closure day; and

                     (b)  on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;

then, despite subsections (1) and (2) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.

16  After paragraph 123UD(1)(h)

Insert:

                   (ha)  if the person was a program participant under section 124PGE on the day before the closure day and on or after that day the person has ceased to be a program participant under that section—at the test time, the person is included in a class of persons determined in an instrument under subsection (4A) of this section; and

17  After subsection 123UD(4)

Insert:

          (4A)  The Minister may, by legislative instrument, determine a class of persons for the purposes of paragraph (1)(ha).

          (4B)  If:

                     (a)  a person was a program participant under section 124PGE on the day before the closure day; and

                     (b)  on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;

then, despite subsections (1) and (4) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.

18  After paragraph 123UE(1)(k)

Insert:

                   (ka)  if the person was a program participant under section 124PGE on the day before the closure day and on or after that day the person has ceased to be a program participant under that section—at the test time, the person is included in a class of persons determined in an instrument under subsection (5) of this section; and

19  At the end of section 123UE

Add:

             (5)  The Minister may, by legislative instrument, determine a class of persons for the purposes of paragraph (1)(ka).

             (6)  If:

                     (a)  a person was a program participant under section 124PGE on the day before the closure day; and

                     (b)  on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;

then, despite subsections (1) and (4) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.

20  Paragraph 123UF(1)(b)

After “test time”, insert “and on or after the closure day”.

21  Paragraph 123UF(1)(f)

Omit “nominee; and”, substitute “nominee.”.

22  Paragraph 123UF(1)(g)

Repeal the paragraph.

23  Paragraph 123UF(2)(c)

After “test time”, insert “and on or after the closure day”.

24  Paragraph 123UF(2)(g)

Omit “nominee; and”, substitute “nominee.”.

25  Paragraph 123UF(2)(h)

Repeal the paragraph.

26  Subsection 123UF(4)

Repeal the subsection, substitute:

             (4)  If:

                     (a)  a person was a program participant under section 124PGE on the day before the closure day; and

                     (b)  on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;

then, despite subsections (1) to (3) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.

27  At the end of subsection 123UFAA(1)

Add:

            ; and (h)  if the person was a program participant under section 124PGE on the day before the closure day and on or after that day the person has ceased to be a program participant under that section—at the test time, the person is included in a class of persons determined in an instrument under subsection (3) of this section.

28  At the end of section 123UFAA

Add:

             (3)  The Minister may, by legislative instrument, determine a class of persons for the purposes of paragraph (1)(h).

             (4)  If:

                     (a)  a person was a program participant under section 124PGE on the day before the closure day; and

                     (b)  on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;

then, despite subsections (1) and (2) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.

29  Subdivision E of Division 2 of Part 3B

Repeal the Subdivision.

30  Paragraph 123ZN(1)(aa)

Repeal the paragraph.

31  Subsection 124PD(1)

Insert:

closure day means the day on which Part 1 of Schedule 1 to the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 commences.

32  Section 124PF

Repeal the section.

33  At the end of section 124PG

Add:

             (7)  The Secretary cannot give a notice under subsection (4) on or after the closure day.

Ceasing to be a program participant

             (8)  A person may make a request to the Secretary to cease to be a program participant under this section. The request cannot be withdrawn or revoked.

             (9)  If the person does so, the Secretary must give the person a notice stating that the person ceases to be a program participant under this section. The notice comes into force on a day specified in the notice (which must be no later than 7 days after the day on which the request was made).

           (10)  A notice under subsection (9) has effect accordingly.

           (11)  A notice under subsection (9) is not a legislative instrument.

34  At the end of section 124PGA

Add:

             (7)  The Secretary cannot give a notice under subsection (4) on or after the closure day.

Ceasing to be a program participant

             (8)  A person may make a request to the Secretary to cease to be a program participant under this section. The request cannot be withdrawn or revoked.

             (9)  If the person does so, the Secretary must give the person a notice stating that the person ceases to be a program participant under this section. The notice comes into force on a day specified in the notice (which must be no later than 7 days after the day on which the request was made).

           (10)  A notice under subsection (9) has effect accordingly.

           (11)  A notice under subsection (9) is not a legislative instrument.

35  At the end of section 124PGB

Add:

             (7)  The Secretary cannot give a notice under subsection (4) on or after the closure day.

Ceasing to be a program participant

             (8)  A person may make a request to the Secretary to cease to be a program participant under this section. The request cannot be withdrawn or revoked.

             (9)  If the person does so, the Secretary must give the person a notice stating that the person ceases to be a program participant under this section. The notice comes into force on a day specified in the notice (which must be no later than 7 days after the day on which the request was made).

           (10)  A notice under subsection (9) has effect accordingly.

           (11)  A notice under subsection (9) is not a legislative instrument.

36  At the end of section 124PGC

Add:

             (7)  The Secretary cannot give a notice under subsection (4) on or after the closure day.

Ceasing to be a program participant

             (8)  A person may make a request to the Secretary to cease to be a program participant under this section. The request cannot be withdrawn or revoked.

             (9)  If the person does so, the Secretary must give the person a notice stating that the person ceases to be a program participant under this section. The notice comes into force on a day specified in the notice (which must be no later than 7 days after the day on which the request was made).

           (10)  A notice under subsection (9) has effect accordingly.

           (11)  A notice under subsection (9) is not a legislative instrument.

37  After paragraph 124PGD(1)(c)

Insert:

                    (ca)  that notice was given before the closure day; and

38  At the end of section 124PGD

Add:

Ceasing to be a program participant

             (3)  A person may make a request to the Secretary to cease to be a program participant under this section. The request cannot be withdrawn or revoked.

             (4)  If the person does so, the Secretary must give the person a notice stating that the person ceases to be a program participant under this section. The notice comes into force on a day specified in the notice (which must be no later than 7 days after the day on which the request was made).

             (5)  A notice under subsection (4) has effect accordingly.

             (6)  A notice under subsection (4) is not a legislative instrument.

Relationship with Part 3B

             (7)  If:

                     (a)  on or after the closure day a person becomes subject to the income management regime under section 123UF at a particular time; and

                     (b)  the person is a program participant under this section immediately before that time;

then the person is not a program participant under this section at and after that time.

39  After subsection 124PGE(7)

Insert:

          (7A)  The Secretary cannot give a notice under subsection (5) on or after the closure day.

40  At the end of section 124PGE

Add:

Ceasing to be a program participant

             (9)  A person may make a request to the Secretary to cease to be a program participant under this section. The request cannot be withdrawn or revoked.

           (10)  If the person does so, the Secretary must give the person a notice stating that the person ceases to be a program participant under this section. The notice comes into force on a day specified in the notice (which must be no later than 7 days after the day on which the request was made).

           (11)  A notice under subsection (10) has effect accordingly.

           (12)  A notice under subsection (10) is not a legislative instrument.

41  After subsection 124PH(1)

Insert:

          (1A)  A person cannot give a notification under subsection (1) on or after the closure day.

42  At the end of section 124PHA

Add:

             (6)  Despite subsections (3) and (3A), the Secretary cannot, on or after the closure day, revoke a determination made under subsection (1) before, on or after that day.

43  At the end of section 124PHB

Add:

No revocations on or after the closure day

           (11)  Despite subsections (8) to (9A), the Secretary cannot, on or after the closure day, revoke a determination made under subsection (3) before, on or after that day.

44  Paragraph 127(4)(aa)

Repeal the paragraph.

45  After paragraph 127(4)(ac)

Insert:

                   (ad)  a decision to give a notice under subsection 124PG(9), 124PGA(9), 124PGB(9), 124PGC(9), 124PGD(4) or 124PGE(10); or

46  Paragraph 144(l)

Repeal the paragraph.

47  After paragraph 144(lb)

Insert:

                    (lc)  a decision to give a notice under subsection 124PG(9), 124PGA(9), 124PGB(9), 124PGC(9), 124PGD(4) or 124PGE(10);

48  Saving provisions

(1)       Subsections 123UP(2) and (3) and paragraph 123ZN(1)(aa) of the Social Security (Administration) Act 1999, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a person who became a program participant under section 124PGE of that Act before that commencement.

(2)       Paragraphs 127(4)(aa) and 144(l) of the Social Security (Administration) Act 1999, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a decision referred to in those paragraphs that was made before that commencement.

Part 2Stage 2 amendments

A New Tax System (Family Assistance) (Administration) Act 1999

49  Paragraph 66(2)(g)

Omit “Parts 3B and 3D”, substitute “Part 3B”.

National Emergency Declaration Act 2020

50  Section 10 (paragraph (zc) of the definition of national emergency law)

Repeal the paragraph.

Social Security Act 1991

51  Subsection 1061EK(1)

Omit “Parts 3B and 3D”, substitute “Part 3B”.

52  Paragraph 1222(1)(ba)

Omit “Parts 3B and 3D”, substitute “Part 3B”.

53  Subsection 1222(2) (table item 20, column 2)

Omit “Parts 3B and 3D”, substitute “Part 3B”.

54  Paragraph 1230(1)(a)

Omit “or 3D”.

55  Subsections 1230C(1) and (2)

Omit “or 3D”.

56  Paragraph 1234A(1)(a)

Omit “or 3D”.

57  Subsection 1237AB(1)

Omit “or 3D”.

58  Saving provision

Chapter 5 of the Social Security Act 1991, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a debt owed to the Commonwealth under Part 3D of the Social Security (Administration) Act 1999 before that commencement.

Social Security (Administration) Act 1999

59  Paragraph 60(2)(aa)

Omit “Parts 3B and 3D”, substitute “Part 3B”.

60  Section 70B

Repeal the section.

61  Section 123TC (paragraph (b) of the definition of excluded Part 3B payment nominee)

Repeal the paragraph, substitute:

                     (b)  a Part 3B payment nominee who is not subject to the income management regime.

62  Paragraph 123UC(1)(h)

Repeal the paragraph.

63  Paragraphs 123UCA(1)(f), 123UCB(1)(h), 123UCC(1)(h), 123UD(1)(ha), 123UE(1)(ka) and 123UFAA(1)(h)

Omit “and on or after that day the person has ceased to be a program participant under that section”.

64  Part 3D

Repeal the Part.

65  Paragraphs 127(4)(ab), (ac) and (ad)

Repeal the paragraphs.

66  Paragraphs 144(la), (lb) and (lc)

Repeal the paragraphs.

67  Paragraph 192(db)

Omit “or 3D”.

68  Paragraph 195(1)(cc)

Repeal the paragraph.

69  Subsection 202(9)

After “section 124PD”, insert “as in force immediately before the day on which Part 2 of Schedule 1 to the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 commences”.

70  Saving provisions

(1)       Paragraphs 127(4)(ab), (ac) and (ad) and 144(la), (lb) and (lc) of the Social Security (Administration) Act 1999, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a decision referred to in those paragraphs that was made before that commencement.

(2)       A legislative instrument in force under subsections 124PP(1) and 124PQ(2) of the Social Security (Administration) Act 1999 immediately before the commencement of this item continues in force on and after that commencement to the extent that the instrument deals with the closure of welfare restricted bank accounts and the transfer of remaining funds in those accounts.

71  Transitional rules

(1)       The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Part.

(2)       To avoid doubt, the rules may not do the following:

                     (a)  create an offence or civil penalty;

                     (b)  provide powers of:

                              (i)  arrest or detention; or

                             (ii)  entry, search or seizure;

                     (c)  impose a tax;

                     (d)  set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

                     (e)  directly amend the text of this Act.