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Schedule 1—Amendments

Schedule 1 Amendments

Part 1 Main amendments

Social Security (Administration) Act 1999

1  Subsection 124PD(1)

Insert:

Bundaberg and Hervey Bay area means the area within the boundaries of the Division (within the meaning of the Commonwealth Electoral Act 1918 ) of Hinkler, as those boundaries were in force on 31 May 2018.

2  Subsection 124PD(1) (after paragraph (c) of the definition of trial area )

Insert:

                     (d)  the Bundaberg and Hervey Bay area;

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

Omit “subsection 124PG(2)”, substitute “sections 124PG and 124PGA”.

4  Section 124PE

Before “The”, insert “(1)”.

5  Section 124PE

After “families.”, insert “This subsection does not apply in relation to the Bundaberg and Hervey Bay area.”.

6  At the end of section 124PE

Add:

             (2)  The Minister may, by notifiable instrument, authorise a body, whether incorporated or unincorporated, as a community body , in relation to the Bundaberg and Hervey Bay area, if the body provides, or intends to provide, services relating to the care, protection, welfare or safety of adults, children or families residing in that area.

7  Paragraph 124PF(1)(b)

Repeal the paragraph, substitute:

                     (b)  ending on:

                              (i)  except in relation to the Bundaberg and Hervey Bay area—30 June 2019; or

                             (ii)  in relation to the Bundaberg and Hervey Bay area—30 June 2020.

8  Subsection 124PF(3)

Omit “10,000”, substitute “15,000”.

9  Section 124PG (heading)

Repeal the heading, substitute:

124PG   Trial participants—Ministerial instrument

10  At the end of Subdivision A of Division 2 of Part 3D

Add:

124PGA   Trial participants—Bundaberg and Hervey Bay area

             (1)  A person is a trial participant if:

                     (a)  the person’s usual place of residence is, becomes or was within the Bundaberg and Hervey Bay area; and

                     (b)  the person is receiving newstart allowance, youth allowance (where neither section 540AA of the 1991 Act (about new apprentices) nor paragraph 541(1)(a) of the 1991 Act (about full-time study) applies) or parenting payment; and

                     (c)  the person is under 35 years of age on the day this section commences and the person has not turned 36 years of age; and

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

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

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

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

                     (h)  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 Bundaberg and Hervey Bay 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 Bundaberg and Hervey Bay 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.

11  Paragraph 124PH(1)(b)

After “area”, insert “(except the Bundaberg and Hervey Bay area)”.

12  After subsection 124PJ(4)

Insert:

          (4A)  Subsections (3) and (4) do not apply in relation to the Bundaberg and Hervey Bay area.

          (4B)  For a person who is a trial participant in relation to the Bundaberg and Hervey Bay area, the Secretary may, by writing, 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%.

          (4C)  The Secretary may make a determination under subsection (4B) 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 covered by paragraph 124PGA(1)(b) 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).

          (4D)  A determination under subsection (4B) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).

13  At the end of subsection 124PK(4)

Add “, but is subject to any determination under subsection 124PJ(4B)”.

14  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.

15  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.

16  Application and saving provisions

(1)       Section 124PGA 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.

(2)       An instrument in force under section 124PE of the Social Security (Administration) Act 1999 immediately before the commencement of this item has effect on and after that commencement as if it were an instrument in force under subsection 124PE(1) of that Act.

Part 2 Contingent amendments

Division 1—Amendments that may not commence at all

Social Security (Administration) Act 1999

17  Paragraph 124PM(a)

Repeal the paragraph, substitute:

                     (a)  may use the restricted portion of the payment, as paid under subsection 124PL(2), to obtain goods or services, other than:

                              (i)  alcoholic beverages; or

                             (ii)  gambling; or

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

18  At the end of section 124PM

Add:

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

19  Application provision

The amendments of section 124PM of the Social Security (Administration) Act 1999 made by this Division apply in relation to the use, on or after the commencement of this item, of the restricted portion of a restrictable payment, whether the payment was made before, on or after that commencement.

Division 2—Other amendments

Social Security (Administration) Act 1999

20  Section 124PM

Repeal the section, substitute:

124PM   Recipient’s use of funds from restrictable payments

                   A person who receives a restrictable payment may use the restricted portion of the payment, as paid under subsection 124PL(2), to obtain goods or services, other than:

                     (a)  alcoholic beverages; or

                     (b)  gambling; or

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

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

21  Application provision

The repeal and substitution of section 124PM of the Social Security (Administration) Act 1999 made by this Division applies in relation to the use, on or after the commencement of this item, of the restricted portion of a restrictable payment, whether the payment was made before, on or after that commencement.

Part 3 Other amendments

Social Security (Administration) Act 1999

22  Paragraph 124PGA(1)(b)

Omit “newstart allowance”, substitute “jobseeker payment”.