Federal Register of Legislation - Australian Government

Primary content

Determinations/Social Security as made
This Determination specifies that the area known as Bulgul (which is also known as Wadjigan) is a ‘declared relevant Northern Territory area’ for the purposes of Part 3B of the Social Security (Administration) Act 1999.
Administered by: Families, Housing, Community Services and Indigenous Affairs
Registered 26 May 2009
Tabling HistoryDate
Tabled HR28-May-2009
Tabled Senate15-Jun-2009
Date of repeal 05 Feb 2010
Repealed by Revoked by Social Security (Administration) (Declared relevant Northern Territory areas — Various) Determination 2010 (No. 1).

EXPLANATORY STATEMENT

Social Security (Administration) (Declared relevant Northern Territory area — Bulgul) Determination 2009

The Social Security (Administration) (Declared relevant Northern Territory area — Bulgul) Determination 2009 (the Determination) is made under subsection 123TE (1) of the Social Security (Administration) Act 1999 (the Act).  The Minister for Families, Housing, Community Services and Indigenous Affairs, as well as making the Determination in her own capacity, is also making it on behalf of the Minister for Education and the Minister for Employment and Workplace Relations.

Background

On 21 June 2007, the Australian Government announced a number of measures in response to the national emergency confronting the welfare of Aboriginal children in the Northern Territory.

The income management measure has two primary aims:

(a)               to stem the flow of cash that is expended on substance abuse and gambling; and

(b)               to ensure that funds that are provided for the welfare of children are actually expended in this way.

Purpose

The purpose of the Determination is to specify that the area known as Bulgul (which is also known as Wadjigan) is a ‘declared relevant Northern Territory area’ for the purposes of Part 3B of the Act.

The effect of the Determination is that, once an area is determined to be a ‘declared relevant Northern Territory area’ for the purposes of Part 3B of the Act, the income management regime (as set out in Part 3B of the Act) will apply to certain individuals within that area.

The Determination commences on 1 June 2009.  The Determination will still have operative effect on the day on which it is expressed to expire.  Subsection 123TE (2) of the Act provides that a determination made under subsection 123TE (1) of the Act must specify an expiry date for the determination, in accordance with subsection 123TE (3).

This Determination expires 364 days after the date the Minister made the Determination; that is, the date it was signed.

The Determination is a legislative instrument.  However, section 42 of the Legislative Instruments Act 2003 (disallowance of legislative instruments) does not apply to the Determination (subsection 123TE (13) of the Act).

In deciding whether to make the Determination, the Minister has had regard to the matters specified in subsection 123TE (5) of the Act.

Consultation

Consultation on the Determination was undertaken with the Department of Education, Employment and Workplace Relations to ensure a co-ordinated approach in respect of welfare payments, for which that Department has responsibility, which may become subject to the income management regime.

Regulatory Impact Analysis

The Determination does not require a Regulatory Impact Statement or a Business Cost Calculator Figure.  The Determination is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact.