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Bill
- Schedule 1—Streamlined participation requirements
- Schedule 2—Arrangements and grants relating to assisting persons to obtain and maintain paid work
- Schedule 3—Compliance with participation payment obligations
- Schedule 4—Amounts not counted as income
- Schedule 5—Approved programs of work for income support payment
- Schedule 6—Activities that do not give rise to employment under certain industrial relations legislation
- Schedule 7—Youth allowance ordinary income free area
- Schedule 8—Start day for jobseeker payment and youth allowance
- Schedule 9—Repeals of spent provisions
- Schedule 10—Contingent amendments
Schedule 3 — Compliance with participation payment obligations
Social Security (Administration) Act 1999
1 Section 42AA
Omit “will usually” (wherever occurring), substitute “may”.
2 Section 42AA
Omit “In addition, a participation payment must be cancelled”, substitute “In addition, a participation payment may be cancelled”.
3 Section 42AA
Omit “no participation payments are payable to the person”, substitute “participation payments may not be payable to the person”.
4 Section 42AA
Omit “Also, the person’s participation payment must be”, substitute “Also, the person’s participation payment may be”.
5 Subsection 42AF(1)
Omit “must”, substitute “may”.
6 Subsection 42AF(2)
Omit “must, in accordance with that instrument,”, substitute “may”.
7 Subsections 42AF(3A) and (3B)
Repeal the subsections.
8 Subsections 42AG(1) to (3)
Repeal the subsections, substitute:
(1) If a person commits a work refusal failure, the Secretary may:
(a) determine that the person’s participation payment is not payable to the person for a period (see section 42AL); or
(b) determine that the person’s participation payment is cancelled (see section 42AP) if the person does not satisfy the Secretary that the person has a reasonable excuse for the work refusal failure (see section 42AI).
9 Subsection 42AG(4)
Omit “subsections (1) and (2)”, substitute “subsection (1)”.
10 Subsections 42AH(1) and (2)
Omit “must”, substitute “may”.
11 Paragraphs 42AI(1)(b) and (3)(b)
Omit “subsection 42AG(2)”, substitute “paragraph 42AG(1)(b)”.
12 Paragraph 42AR(1)(b)
Repeal the paragraph.
13 Subsection 42AR(1A)
Repeal the subsection.
14 Application, saving and transitional provisions
(1) The amendment of subsection 42AF(1) of the Social Security (Administration) Act 1999 made by this Schedule applies in relation to a mutual obligation failure committed on or after the commencement of this item.
(2) The amendment of subsection 42AF(2) of the Social Security (Administration) Act 1999 made by this Schedule applies where the matters referred to in paragraphs 42AF(2)(a) and (b) of that Act exist on or after the commencement of this item.
(3) Subsections 42AF(3A) and (3B) and 42AR(1A) of the Social Security (Administration) Act 1999 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a failure committed before that commencement.
(4) The amendments of section 42AG of the Social Security (Administration) Act 1999 made by this Schedule apply in relation to a work refusal failure committed on or after the commencement of this item.
(5) The amendments of section 42AH of the Social Security (Administration) Act 1999 made by this Schedule apply in relation to an unemployment failure committed on or after the commencement of this item.
(6) An instrument in force immediately before the commencement of this item under section 42AI of the Social Security (Administration) Act 1999 , to the extent it determines matters for the purposes of subsection 42AG(2) of that Act, continues in force on and after that commencement as if those matters were determined for the purposes of paragraph 42AG(1)(b) of that Act, as substituted by this Schedule.