Mitch Fifield (Victoria, Liberal Party, Minister for Communications and the Arts) Share this | Hansard source

I table a supplementary explanatory memorandum relating to the government amendments to be moved to this bill. I seek leave to move government amendments (1) to (5) and (8) to (11) together.

Leave granted.

I move governments amendments (1) to (5) and (8) to (11) on sheet JC538:

(1) Clause 2, page 2 (after table item 1), insert:

(2) Clause 2, page 2 (table items 3 and 4), omit the table items, substitute:

(3) Page 4 (before line 1), before Schedule 1, insert:

Schedule 1A—Amendments commencing day after Royal Assent

Social Security (Administration) Act 1999

1 Subsection 124PD ( 1 ) (definition of trial participant )

Omit "subsection 124PG(2)", substitute "sections 124PG to 124PGB".

2 Subsection 124PD(2)

Omit "legislative", substitute "notifiable".

3 Section 124PE

Omit "legislative", substitute "notifiable".

4 Section 124PG

Repeal the section, substitute:

124PG Trial participants—Ceduna area

(1) A person is a trial participant if:

(a) the person's usual place of residence is, becomes or was within the Ceduna area; and

(b) the person is receiving a trigger payment; and

(c) the person has not reached pension age; and

(d) the person does not have a Part 3B payment nominee (within the meaning of Part 3B); and

(e) the person's payments (if any) under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance are not being paid to another person; and

(f) the person is not covered by a determination under subsection 43(3A); and

(g) the person is not subject to the income management regime under section 123UC, 123UCB, 123UCC or 123UF; and

(h) subsection (3) does not apply to the person; and

(i) the person is not covered by a determination under subsection (4).

(2) To avoid doubt, if a person's usual place of residence becomes within the Ceduna area and subsection (1) applies to the person, the person is a trial participant on and after the day that the person's usual place of residence becomes within that area.

(3) This subsection applies to a person if:

(a) the person is undertaking full-time study (as defined by section 541B of the 1991 Act); and

(b) while undertaking that study, the person is living outside the Ceduna area.

(4) The Secretary must determine that a person is not a trial participant under this section if the Secretary is satisfied that being a trial participant under this section would pose a serious risk to the person's mental, physical or emotional wellbeing.

(5) The Secretary is not required to inquire into whether a person being a trial participant under this section would pose a serious risk to the person's mental, physical or emotional wellbeing.

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

124PGA Trial participants—East Kimberley area

(1) A person is a trial participant if:

(a) the person's usual place of residence is, becomes or was within the East Kimberley area; and

(b) the person is receiving a trigger payment; and

(c) the person has not reached pension age; and

(d) the person does not have a Part 3B payment nominee (within the meaning of Part 3B); and

(e) the person's payments (if any) under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance are not being paid to another person; and

(f) the person is not covered by a determination under subsection 43(3A); and

(g) the person is not subject to the income management regime under section 123UC, 123UCB, 123UCC or 123UF; and

(h) subsection (3) does not apply to the person; and

(i) the person is not covered by a determination under subsection (4).

(2) To avoid doubt, if a person's usual place of residence becomes within the East Kimberley area and subsection (1) applies to the person, the person is a trial participant on and after the day that the person's usual place of residence becomes within that area.

(3) This subsection applies to a person if:

(a) the person is undertaking full-time study (as defined by section 541B of the 1991 Act); and

(b) while undertaking that study, the person is living outside the East Kimberley area.

(4) The Secretary must determine that a person is not a trial participant under this section if the Secretary is satisfied that being a trial participant under this section would pose a serious risk to the person's mental, physical or emotional wellbeing.

(5) The Secretary is not required to inquire into whether a person being a trial participant under this section would pose a serious risk to the person's mental, physical or emotional wellbeing.

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

124PGB Trial participants—Goldfields area

(1) A person is a trial participant if:

(a) the person's usual place of residence is, becomes or was within the Goldfields area; and

(b) the person is receiving a trigger payment; and

(c) the person has not reached pension age and will not reach pension age before 26 March 2019; and

(d) the person does not have a Part 3B payment nominee (within the meaning of Part 3B); and

(e) the person's payments (if any) under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance are not being paid to another person; and

(f) the person is not covered by a determination under subsection 43(3A); and

(g) the person is not subject to the income management regime under section 123UC, 123UCB, 123UCC or 123UF; and

(h) subsection (3) does not apply to the person; and

(i) the person is not covered by a determination under subsection (4).

(2) To avoid doubt, if a person's usual place of residence becomes within the Goldfields area and subsection (1) applies to the person, the person is a trial participant on and after the day that the person's usual place of residence becomes within that area.

(3) This subsection applies to a person if:

(a) the person is undertaking full-time study (as defined by section 541B of the 1991 Act); and

(b) while undertaking that study, the person is living outside the Goldfields area.

(4) The Secretary must determine that a person is not a trial participant under this section if the Secretary is satisfied that being a trial participant under this section would pose a serious risk to the person's mental, physical or emotional wellbeing.

(5) The Secretary is not required to inquire into whether a person being a trial participant under this section would pose a serious risk to the person's mental, physical or emotional wellbeing.

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

5 Paragraph 124PH ( 1 ) (a)

Repeal the paragraph, substitute:

(a) the person is receiving a trigger payment or an age pension; and

6 After paragraph 124PH ( 1 ) (b)

Insert:

(ba) the person does not have a Part 3B payment nominee (within the meaning of Part 3B); and

(bb) the person's payments (if any) under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance are not being paid to another person; and

(bc) the person is not covered by a determination under subsection 43(3A); and

(bd) the person is not subject to the income management regime under Part 3B; and

7 Subsection 124PH ( 3 )

Repeal the subsection, substitute:

(3) Until a person withdraws the notification, the person is a voluntary participant, unless the Secretary determines that the person is not to be subject to cashless welfare arrangements under subsection (4).

8 Section 124PI

Repeal the section.

9 Subsections 124PJ ( 3 ) to ( 5 )

Repeal the subsections, substitute:

(3) For a person who is a trial participant or voluntary participant, the Secretary may make a determination that:

(a) varies the percentage amount in paragraph (1)(a) to 0%; and

(b) varies the percentage amount in paragraph (1)(b) to 100%; and

(c) varies the percentage amount in subsection (2) to 0%.

(4) The Secretary may make a determination under subsection (3) only if:

(a) the Secretary is satisfied that the person is unable to use the person's debit card that was issued to the person and that is attached to the person's welfare restricted bank account, or is unable to access that account, as a direct result of:

(i) a technological fault or malfunction with that card or account; or

(ii) a natural disaster; or

(b) the person's restrictable payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:

(i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or

(ii) under a determination under subsection 51(1).

(5) A determination under subsection (3) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).

(6) A determination under subsection (3) is not a legislative instrument.

10 Subsection 124PK ( 4 )

Repeal the subsection.

11 Subsection 124PK ( 5 )

Omit "The", substitute "Subject to subsection (6), the".

12 At the end of section 124PK

Add:

(6) The written direction has no effect in relation to a trial participant or voluntary participant during the period a determination under subsection 124PJ(3) is in effect in relation to the trial participant or voluntary participant.

13 After subsection 124PQ ( 2 )

Insert:

(2A) For the purposes of subsection 51(1) of the Competition and Consumer Act 2010, the declining of a transaction by a supplier of goods or services is specified and specifically authorised if the transaction would involve:

(a) money in a welfare restricted bank account; and

(b) the obtaining of:

(i) alcoholic beverages; or

(ii) gambling; or

(iii) a cash-like product that could be used to obtain alcoholic beverages or gambling.

Note: For cash-like product, see section 124PQA.

14 After section 124PQ

Insert:

124PQA Cash- like products

Without limiting sections 124PM and 124PQ, cash-like product includes any of the following:

(a) a gift card, store card, voucher or similar article (whether in a physical or electronic form);

(b) a money order, postal order or similar order (whether in a physical or electronic form);

(c) digital currency.

15 Application and transitional provisions

(1) Section 124PG of the Social Security (Administration) Act 1999, as substituted by this Schedule, applies in relation to a person whose usual place of residence:

(a) is, on the day this item commences, within the Ceduna area; or

(b) becomes, on or after the day this item commences, within the Ceduna area.

(2) Paragraph 124PG(1)(a) of the Social Security (Administration) Act 1999, as substituted by this Schedule, is taken to be satisfied in relation to any person whose usual place of residence was within the Ceduna area on any day during the period beginning on 15 March 2016 and ending at the end of the day this Act receives the Royal Assent.

(3) Section 124PGA of the Social Security (Administration) Act 1999, as substituted by this Schedule, applies in relation to a person whose usual place of residence:

(a) is, on the day this item commences, within the East Kimberley area; or

(b) becomes, on or after the day this item commences, within the East Kimberley area.

(4) Paragraph 124PGA(1)(a) of the Social Security (Administration) Act 1999, as substituted by this Schedule, is taken to be satisfied in relation to any person whose usual place of residence was within the East Kimberley area on any day during the period beginning on 26 April 2016 and ending at the end of the day this Act receives the Royal Assent.

(5) Section 124PGB of the Social Security (Administration) Act 1999, as substituted by this Schedule, applies in relation to a person whose usual place of residence:

(a) is, on the day this item commences, within the Goldfields area; or

(b) becomes, on or after the day this item commences, within the Goldfields area.

(6) Paragraph 124PGB(1)(a) of the Social Security (Administration) Act 1999, as substituted by this Schedule, is taken to be satisfied in relation to any person whose usual place of residence was within the Goldfields area on any day during the period beginning on 26 March 2018 and ending at the end of the day this Act receives the Royal Assent.

Social Security (Administration) (Trial of Cashless Welfare Arrangements) Determination 2018

16 The whole of the instrument

Repeal the instrument.

17 Saving provisions

(1) Despite the amendments made by this Schedule, a legislative instrument in force under subsection 124PD(2) of the Social Security (Administration) Act 1999 immediately before the commencement of this item continues in force on and after that commencement until the first notifiable instrument made under that subsection commences.

(2) Despite the amendments made by this Schedule, a legislative instrument in force under section 124PE of the Social Security (Administration) Act 1999 immediately before the commencement of this item continues in force on and after that commencement until the first notifiable instrument made under that section commences.

(4) Schedule 1, heading, page 4 (line 1), at the end of the heading, add "commencing later".

(5) Schedule 1, item 3, page 4 (lines 14 to 16), omit the item, substitute:

3 Subsection 124PD ( 1 ) (definition of trial participant )

Omit "124PGB", substitute "124PGC".

(8) Schedule 1, item 10, page 5 (line 17), omit "124PGA", substitute "124PGC".

(9) Schedule 1, item 10, page 6 (after line 22), at the end of section 124PGA, add:

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

(10) Schedule 1, items 12 to 16, page 6 (line 25) to page 8 (line 29), omit the items, substitute:

12 Application provision

Section 124PGC of the Social Security (Administration) Act 1999, as added by this Part, applies in relation to a person whose usual place of residence:

(a) is, on the day this item commences, within the Bundaberg and Hervey Bay area; or

(b) becomes, on or after the day this item commences, within the Bundaberg and Hervey Bay area.

Note: That section may continue to apply to the person if the person's usual place of residence after the commencement of this item ceases to be in the Bundaberg and Hervey Bay area.

(11) Schedule 1, item 22, page 11 (line 3), omit "124PGA(1)(b)", substitute "124PGC(1)(b)".

The government also opposes schedule 1 in the following terms:

(6) Schedule 1, items 4 to 6, page 4 (line 17) to page 5 (line 2), to be opposed.

(7) Schedule 1, item 9, page 5 (lines 12 to 14), to be opposed.