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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(Cashless Debit Card Trial Expansion)
Bill 2018
No. , 2018
(Social Services)
A Bill for an Act to amend the law relating to social
security, and for related purposes
No. , 2018
Social Services Legislation Amendment (Cashless Debit Card Trial
Expansion) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Amendments
4
Part 1--Main amendments
4
Social Security (Administration) Act 1999
4
Part 2--Contingent amendments
9
Division 1--Amendments that may not commence at all
9
Social Security (Administration) Act 1999
9
Division 2--Other amendments
9
Social Security (Administration) Act 1999
9
Part 3--Other amendments
11
Social Security (Administration) Act 1999
11
No. , 2018
Social Services Legislation Amendment (Cashless Debit Card Trial
Expansion) Bill 2018
1
A Bill for an Act to amend the law relating to social
1
security, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Social Services Legislation Amendment (Cashless
5
Debit Card Trial Expansion) Act 2018.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Social Services Legislation Amendment (Cashless Debit Card Trial
Expansion) Bill 2018
No. , 2018
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 day after the end of the period of 3
months beginning on the day this Act
receives the Royal Assent.
3. Schedule 1,
Part 2, Division 1
The day after the end of the period of 3
months beginning on the day this Act
receives the Royal Assent.
However, the provisions do not commence
at all if item 7 of Schedule 1 to the Social
Services Legislation Amendment (Housing
Affordability) Act 2018 commences on or
before the day after the end of the period of
3 months beginning on the day this Act
receives the Royal Assent.
4. Schedule 1,
Part 2, Division 2
The later of:
(a) immediately after the commencement of
the provisions covered by table item 2;
and
(b) immediately after the commencement of
item 7 of Schedule 1 to the Social
Services Legislation Amendment
(Housing Affordability) Act 2018.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
5. Schedule 1,
Part 3
20 March 2020.
20 March 2020
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
No. , 2018
Social Services Legislation Amendment (Cashless Debit Card Trial
Expansion) Bill 2018
3
(2) Any information in column 3 of the table is not part of this Act.
1
Information may be inserted in this column, or information in it
2
may be edited, in any published version of this Act.
3
3 Schedules
4
Legislation that is specified in a Schedule to this Act is amended or
5
repealed as set out in the applicable items in the Schedule
6
concerned, and any other item in a Schedule to this Act has effect
7
according to its terms.
8
Schedule 1 Amendments
Part 1 Main amendments
4
Social Services Legislation Amendment (Cashless Debit Card Trial
Expansion) Bill 2018
No. , 2018
Schedule 1--Amendments
1
Part 1--Main amendments
2
Social Security (Administration) Act 1999
3
1 Subsection 124PD(1)
4
Insert:
5
Bundaberg and Hervey Bay area means the area within the
6
boundaries of the Division (within the meaning of the
7
Commonwealth Electoral Act 1918) of Hinkler, as those
8
boundaries were in force on 31 May 2018.
9
2 Subsection 124PD(1) (after paragraph (c) of the definition of
10
trial area)
11
Insert:
12
(d) the Bundaberg and Hervey Bay area;
13
3 Subsection 124PD(1) (definition of trial participant)
14
Omit "subsection 124PG(2)", substitute "sections 124PG and
15
124PGA".
16
4 Section 124PE
17
Before "The", insert "(1)".
18
5 Section 124PE
19
After "families.", insert "This subsection does not apply in relation to
20
the Bundaberg and Hervey Bay area.".
21
6 At the end of section 124PE
22
Add:
23
(2) The Minister may, by notifiable instrument, authorise a body,
24
whether incorporated or unincorporated, as a community body, in
25
relation to the Bundaberg and Hervey Bay area, if the body
26
provides, or intends to provide, services relating to the care,
27
Amendments Schedule 1
Main amendments Part 1
No. , 2018
Social Services Legislation Amendment (Cashless Debit Card Trial
Expansion) Bill 2018
5
protection, welfare or safety of adults, children or families residing
1
in that area.
2
7 Paragraph 124PF(1)(b)
3
Repeal the paragraph, substitute:
4
(b) ending on:
5
(i) except in relation to the Bundaberg and Hervey Bay
6
area--30 June 2019; or
7
(ii) in relation to the Bundaberg and Hervey Bay area--
8
30 June 2020.
9
8 Subsection 124PF(3)
10
Omit "10,000", substitute "15,000".
11
9 Section 124PG (heading)
12
Repeal the heading, substitute:
13
124PG Trial participants--Ministerial instrument
14
10 At the end of Subdivision A of Division 2 of Part 3D
15
Add:
16
124PGA Trial participants--Bundaberg and Hervey Bay area
17
(1) A person is a trial participant if:
18
(a) the person's usual place of residence is, becomes or was
19
within the Bundaberg and Hervey Bay area; and
20
(b) the person is receiving newstart allowance, youth allowance
21
(where neither section 540AA of the 1991 Act (about new
22
apprentices) nor paragraph 541(1)(a) of the 1991 Act (about
23
full-time study) applies) or parenting payment; and
24
(c) the person is under 35 years of age on the day this section
25
commences and the person has not turned 36 years of age;
26
and
27
(d) the person does not have a Part 3B payment nominee (within
28
the meaning of Part 3B); and
29
(e) the person is not covered by a determination under
30
subsection 43(3A); and
31
Schedule 1 Amendments
Part 1 Main amendments
6
Social Services Legislation Amendment (Cashless Debit Card Trial
Expansion) Bill 2018
No. , 2018
(f) the person is not subject to the income management regime
1
under section 123UC, 123UCB, 123UCC or 123UF; and
2
(g) subsection (3) does not apply to the person; and
3
(h) the person is not covered by a determination under
4
subsection (4).
5
(2) To avoid doubt, if a person's usual place of residence becomes
6
within the Bundaberg and Hervey Bay area and subsection (1)
7
applies to the person, the person is a trial participant on and after
8
the day that the person's usual place of residence becomes within
9
that area.
10
(3) This subsection applies to a person if:
11
(a) the person is undertaking full-time study (as defined by
12
section 541B of the 1991 Act); and
13
(b) while undertaking that study, the person is living outside the
14
Bundaberg and Hervey Bay area.
15
(4) The Secretary must determine that a person is not a trial participant
16
under this section if the Secretary is satisfied that being a trial
17
participant under this section would pose a serious risk to the
18
person's mental, physical or emotional wellbeing.
19
(5) The Secretary is not required to inquire into whether a person
20
being a trial participant under this section would pose a serious risk
21
to the person's mental, physical or emotional wellbeing.
22
11 Paragraph 124PH(1)(b)
23
After "area", insert "(except the Bundaberg and Hervey Bay area)".
24
12 After subsection 124PJ(4)
25
Insert:
26
(4A) Subsections (3) and (4) do not apply in relation to the Bundaberg
27
and Hervey Bay area.
28
(4B) For a person who is a trial participant in relation to the Bundaberg
29
and Hervey Bay area, the Secretary may, by writing, make a
30
determination that:
31
(a) varies the percentage amount in paragraph (1)(a) to 0%; and
32
Amendments Schedule 1
Main amendments Part 1
No. , 2018
Social Services Legislation Amendment (Cashless Debit Card Trial
Expansion) Bill 2018
7
(b) varies the percentage amount in paragraph (1)(b) to 100%;
1
and
2
(c) varies the percentage amount in subsection (2) to 0%.
3
(4C) The Secretary may make a determination under subsection (4B)
4
only if:
5
(a) the Secretary is satisfied that the person is unable to use the
6
person's debit card that was issued to the person and that is
7
attached to the person's welfare restricted bank account, or is
8
unable to access that account, as a direct result of:
9
(i) a technological fault or malfunction with that card or
10
account; or
11
(ii) a natural disaster; or
12
(b) the person's restrictable payment covered by
13
paragraph 124PGA(1)(b) is payable in instalments and the
14
Secretary is satisfied that any part of the payment is payable:
15
(i) at a time determined under subsection 43(2), where that
16
determination is made because the person is in severe
17
financial hardship as a result of exceptional and
18
unforeseen circumstances; or
19
(ii) under a determination under subsection 51(1).
20
(4D) A determination under subsection (4B) takes effect on the day
21
specified in the determination (which must not be earlier than the
22
day on which the determination is made).
23
13 At the end of subsection 124PK(4)
24
Add ", but is subject to any determination under subsection 124PJ(4B)".
25
14 After subsection 124PQ(2)
26
Insert:
27
(2A) For the purposes of subsection 51(1) of the Competition and
28
Consumer Act 2010, the declining of a transaction by a supplier of
29
goods or services is specified and specifically authorised if the
30
transaction would involve:
31
(a) money in a welfare restricted bank account; and
32
(b) the obtaining of:
33
(i) alcoholic beverages; or
34
Schedule 1 Amendments
Part 1 Main amendments
8
Social Services Legislation Amendment (Cashless Debit Card Trial
Expansion) Bill 2018
No. , 2018
(ii) gambling; or
1
(iii) a cash-like product that could be used to obtain
2
alcoholic beverages or gambling.
3
Note:
For cash-like product, see section 124PQA.
4
15 After section 124PQ
5
Insert:
6
124PQA Cash-like products
7
Without limiting sections 124PM and 124PQ, cash-like product
8
includes any of the following:
9
(a) a gift card, store card, voucher or similar article (whether in a
10
physical or electronic form);
11
(b) a money order, postal order or similar order (whether in a
12
physical or electronic form);
13
(c) digital currency.
14
16 Application and saving provisions
15
(1)
Section 124PGA of the Social Security (Administration) Act 1999, as
16
added by this Part, applies in relation to a person whose usual place of
17
residence:
18
(a) is, on the day this item commences, within the Bundaberg
19
and Hervey Bay area; or
20
(b) becomes, on or after the day this item commences, within the
21
Bundaberg and Hervey Bay area.
22
Note:
That section may continue to apply to the person if the person's usual place of residence
23
after the commencement of this item ceases to be in the Bundaberg and Hervey Bay
24
area.
25
(2)
An instrument in force under section 124PE of the Social Security
26
(Administration) Act 1999 immediately before the commencement of
27
this item has effect on and after that commencement as if it were an
28
instrument in force under subsection 124PE(1) of that Act.
29
Amendments Schedule 1
Contingent amendments Part 2
No. , 2018
Social Services Legislation Amendment (Cashless Debit Card Trial
Expansion) Bill 2018
9
Part 2--Contingent amendments
1
Division 1
--Amendments that may not commence at all
2
Social Security (Administration) Act 1999
3
17 Paragraph 124PM(a)
4
Repeal the paragraph, substitute:
5
(a) may use the restricted portion of the payment, as paid under
6
subsection 124PL(2), to obtain goods or services, other than:
7
(i) alcoholic beverages; or
8
(ii) gambling; or
9
(iii) a cash-like product that could be used to obtain
10
alcoholic beverages or gambling; and
11
18 At the end of section 124PM
12
Add:
13
Note:
For cash-like product, see section 124PQA.
14
19 Application provision
15
The amendments of section 124PM of the Social Security
16
(Administration) Act 1999 made by this Division apply in relation to the
17
use, on or after the commencement of this item, of the restricted portion
18
of a restrictable payment, whether the payment was made before, on or
19
after that commencement.
20
Division 2
--Other amendments
21
Social Security (Administration) Act 1999
22
20 Section 124PM
23
Repeal the section, substitute:
24
Schedule 1 Amendments
Part 2 Contingent amendments
10
Social Services Legislation Amendment (Cashless Debit Card Trial
Expansion) Bill 2018
No. , 2018
124PM Recipient's use of funds from restrictable payments
1
A person who receives a restrictable payment may use the
2
restricted portion of the payment, as paid under
3
subsection 124PL(2), to obtain goods or services, other than:
4
(a) alcoholic beverages; or
5
(b) gambling; or
6
(c) a cash-like product that could be used to obtain alcoholic
7
beverages or gambling.
8
Note:
For cash-like product, see section 124PQA.
9
21 Application provision
10
The repeal and substitution of section 124PM of the Social Security
11
(Administration) Act 1999 made by this Division applies in relation to
12
the use, on or after the commencement of this item, of the restricted
13
portion of a restrictable payment, whether the payment was made
14
before, on or after that commencement.
15
Amendments Schedule 1
Other amendments Part 3
No. , 2018
Social Services Legislation Amendment (Cashless Debit Card Trial
Expansion) Bill 2018
11
Part 3--Other amendments
1
Social Security (Administration) Act 1999
2
22 Paragraph 124PGA(1)(b)
3
Omit "newstart allowance", substitute "jobseeker payment".
4