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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security Legislation Amendment
(Stronger Penalties for Serious Failures)
Bill 2014
No. , 2014
(Employment)
A Bill for an Act to amend the Social Security
(Administration) Act 1999, and for related purposes
No. , 2014
Social Security Legislation Amendment (Stronger Penalties for Serious
Failures) Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments
3
Social Security (Administration) Act 1999
3
No. , 2014
Social Security Legislation Amendment (Stronger Penalties for Serious
Failures) Bill 2014
1
A Bill for an Act to amend the Social Security
1
(Administration) Act 1999, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Social Security Legislation
5
Amendment (Stronger Penalties for Serious Failures) Act 2014.
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2 Commencement
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This Act commences on 15 September 2014.
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2
Social Security Legislation Amendment (Stronger Penalties for Serious
Failures) Bill 2014
No. , 2014
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
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according to its terms.
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Amendments Schedule 1
No. , 2014
Social Security Legislation Amendment (Stronger Penalties for Serious
Failures) Bill 2014
3
Schedule 1
--Amendments
1
2
Social Security (Administration) Act 1999
3
1 Section 42NC
4
After "Secretary determines", insert ", other than under
5
subsection 42N(1),".
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2 Subsection 42P(1)
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Repeal the subsection, substitute:
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Participation payment not payable during serious failure period
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(1) If the Secretary determines that a person commits a serious failure:
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(a) if the determination is under subsection 42M(1) and the
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Secretary has determined that section 42NC applies--a
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participation payment is not payable to the person during the
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person's serious failure period; or
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(b) if the determination is under subsection 42N(1)--a
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participation payment is not payable to the person during the
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person's serious failure period.
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Note 1:
For a determination under subsection 42M(1), the Secretary may end a
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serious failure period under section 42Q or determine that a
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participation payment is payable, despite this section, under
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section 42R.
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Note 2:
The Secretary may continue the participation payment pending the
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outcome of an application for review (see sections 131 and 145).
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3 At the end of section 42Q
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Add:
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(4) Subsection (1) does not apply if the serious failure period arose
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because of a determination under subsection 42N(1).
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(5) If:
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(a) under subsection 42M(1) the Secretary makes a
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determination in relation to a person; and
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Schedule 1 Amendments
4
Social Security Legislation Amendment (Stronger Penalties for Serious
Failures) Bill 2014
No. , 2014
(b) under subsection (1) of this section the Secretary ends the
1
person's serious failure period that arose as a result of that
2
determination; and
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(c) under subsection 42M(1) the Secretary makes another
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determination in relation to the person; and
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(d) the period:
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(i) beginning on the day after the day the serious failure
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period mentioned in paragraph (b) ends; and
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(ii) ending on the day the Secretary makes the other
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determination mentioned in paragraph (c);
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is a continuous period in respect of which the person has
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received participation payments;
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then subsection (1) of this section does not apply in relation to the
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person's serious failure period that arose as a result of the other
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determination mentioned in paragraph (c).
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(6) Section 38B of the 1991 Act applies to paragraph (5)(d) of this
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section as if a reference in that section to an income support
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payment were a reference to a participation payment.
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4 At the end of section 42R
19
Add:
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(4) Subsection (1) does not apply if the serious failure period arose
21
because of a determination under subsection 42N(1).
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5 Application provisions
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(1)
Despite the amendments made by items 1 and 2, section 42NC and
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subsection 42P(1) of the Social Security (Administration) Act 1999, as
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in force immediately before the commencement of those items, continue
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to apply on and after that commencement in relation to a determination
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made under subsection 42N(1) of that Act before, on or after that
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commencement, where the refusal or failure mentioned in
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paragraph 42N(1)(b) of that Act occurred before that commencement.
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(2)
Paragraph 42P(1)(a) of the Social Security (Administration) Act 1999,
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as amended by this Act, applies in relation to a determination made
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under subsection 42M(1) of that Act before, on or after the
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commencement of this item.
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Amendments Schedule 1
No. , 2014
Social Security Legislation Amendment (Stronger Penalties for Serious
Failures) Bill 2014
5
(3)
Paragraph 42P(1)(b) and subsections 42Q(4) and 42R(4) of the Social
1
Security (Administration) Act 1999, as amended by this Act, apply in
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relation to a determination made under subsection 42N(1) of that Act on
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or after the commencement of this item, where the refusal or failure
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mentioned in paragraph 42N(1)(b) of that Act occurred on or after that
5
commencement.
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(4)
Paragraph 42Q(5)(a) of the Social Security (Administration) Act 1999,
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as amended by this Act, applies in relation to a determination made
8
under subsection 42M(1) of that Act on or after the commencement of
9
this item, where the comprehensive compliance assessment began to be
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conducted on or after that commencement.
11