{"id":"F2019L01643","name":"Social Security (Administration) (Authorised Certifier) Determination 2019","slug":"social-security-administration-authorised-certifier-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100473,"registerId":"commonwealth-F2019L01643-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Social Security (Administration) (Authorised Certifier) Determination 2019.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsection 63A(9) of the Social Security (Administration) Act 1999.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this instrument:\n\n> Act means the Social Security (Administration) Act 1999.\n\n> municipal authority means the local government authority, agency, corporation, department, instrumentality or other local or regional political unit which governs or administers the locality or region of the place in which the social security recipient resides.\n\n> pension agency means the agency or authority responsible for the administration and payment of pensions and benefits in the country in which the social security recipient resides.\n\n> social security recipient means a person required by section 63 of the Act to give a proof of life certificate (as defined in the Act).","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Authorised certifier","content":"#### 5 Authorised certifier\n\n  (1) For the purposes of subsection 63A(9) of the Act, the classes of persons specified in subsections (2) and (3) of this section are determined.\n\n> Note: A person included in a class of persons specified in this instrument is an authorised certifier for the purposes of section 63A of the Act (see subsection 63A(8) of the Act).\n\n  Persons recognised under Australian Law\n  (2) The following classes of person are specified:\n    (a) a person who:\n    (i) is admitted to the legal profession by a Supreme Court of a State or Territory under a law of a State or Territory; and\n    (ii) holds a certificate to practise as a legal practitioner under a law of a State or Territory;\n    (b) a Registrar or Deputy Registrar of a federal court or of a court of a State or Territory;\n    (c) a person who is the holder of:\n    (i) an office of a judge, magistrate or justice of a federal court or of a court of a State or Territory; or\n    (ii) an office if the holder has, under an Act of the Commonwealth, a State or a Territory, the same status as a judge, magistrate or justice of a federal court or a court of a State or Territory;\n    (d) a justice of the peace;\n    (e) a notary public;\n    (f) a police officer including:\n    (i) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or\n    (ii) a special member (within the meaning of that Act); or\n    (iii) a member, however described, of a police force or police service of a State or Territory who has taken an oath or made an affirmation of office as a police officer;\n    (g) an Australian Consular Officer, or Australian Diplomatic Officer, within the meaning of the Consular Fees Act 1955;\n    (h) a person who is:\n    (i) in a place outside of Australia; and\n    (ii) authorised under paragraph 3(c) or (d) of the Consular Fees Act 1955 to perform consular acts (within the meaning of that Act) at that place; and\n    (i) a person who is a medical practitioner (within the meaning of the Health Insurance Act 1973).\n  Persons recognised in social security recipient’s place of residence\n  (3) The following classes of person are specified for all social security recipients who are residents of a particular place outside of Australia:\n    (a) a person who, under the law of or applying at that place, is currently authorised or entitled to practise in that place as:\n    (i) a legal practitioner (however described); or\n    (ii) a notary public (however described); or\n    (iii) a medical practitioner (however described); or\n    (iv) a police officer (however described);\n    (b) a person who is the holder of any of the following offices (however described) of a court of, or having jurisdiction at, that place:\n    (i) a judge, magistrate or justice;\n    (ii) a registrar or deputy registrar;\n    (c) an official (however described) of a municipal authority or pension agency.","sortOrder":3}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This Determination exercises the specification power in s63A(9) by fixing which classes of persons are authorised certifiers. It formalises the scope by naming Australian office‑holders and, for overseas residents, persons authorised under the law of the place of residence (s5(2)–(3)). The instrument thereby defines and clarifies who may certify; it does not create new substantive eligibility rules for recipients but adds administrative verification responsibilities for agencies."},"complexity_factors":["Cross‑references to the Social Security (Administration) Act 1999 (subsection 63A(9)) and other statutes (Consular Fees Act 1955, Health Insurance Act 1973) increase legal checking.","Extraterritorial application: s5(3) recognises persons under the law of the recipient's place of residence, requiring local‑law interpretation and verification.","Defined but broad terms (e.g. \"municipal authority\", \"pension agency\") require factual inquiry about foreign institutional roles.","List‑based approach is mechanically simple but produces administrative verification work for agencies and recipients.","Low administrative discretion—classes are prescribed—so complexity is operational rather than interpretive.","Potential ambiguity where roles are described \"however described\" (s5(3)), creating edge cases for eligibility."],"plain_english_summary":"This instrument lists which people may act as \"authorised certifiers\" for proof‑of‑life certificates under subsection 63A(9) of the Social Security (Administration) Act 1999. It names specified Australian office‑holders and, for recipients living overseas, equivalent local legal, medical, police, court and municipal/pension‑agency officials. By listing classes (see s5) it clarifies who can sign these forms and shifts the compliance task to recipients and agencies to locate and verify qualified certifiers and any foreign equivalence."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: specifying who can certify proof of life certificates for overseas social security recipients. The scope has not expanded beyond this specific administrative function."},"complexity_factors":["Only 3 defined terms in the interpretation section","Single operational provision (section 5) with two straightforward subsections","No nested exceptions or conditional logic beyond simple location-based distinctions","Clear binary structure: Australian-recognised persons vs. locally-recognised persons","Minimal cross-referencing (only to parent Act and Consular Fees Act 1955 for definitions)","Short total length (approximately 500 words)"],"plain_english_summary":"This law defines who may officially witness and sign \"proof of life\" certificates for Australians overseas receiving social security (e.g., Age or Disability Support Pensions), so payments stop only when genuinely appropriate and fraud is prevented.\n\nIt allows certification by either Australian-recognised officials (lawyers, judges/registrars, JPs, notaries, police, consular staff, medical practitioners) or by authorised persons in the pensioner’s country (local lawyers, notaries, doctors, police, court officials or municipal/pension agency officers)."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-administration-authorised-certifier-determination-2019","history":"/api/acts/social-security-administration-authorised-certifier-determination-2019/history","analysis":"/api/acts/social-security-administration-authorised-certifier-determination-2019/analysis","conflicts":"/api/acts/social-security-administration-authorised-certifier-determination-2019/conflicts","importantCases":"/api/acts/social-security-administration-authorised-certifier-determination-2019/important-cases","documents":"/api/acts/social-security-administration-authorised-certifier-determination-2019/documents"}}