{"id":"F2023L00189","name":"Social Security (Administration) (Declinable Transactions and BasicsCard Bank Account) Determination 2023","slug":"social-security-administration-declinable-transactions-and-basicscard-bank-account-determination-202","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441741,"registerId":"F2023L00189-fast-fetch-1775956968619","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Administration) (Declinable Transactions and BasicsCard Bank Account) Determination 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\nmeta-keywords: \"[SEC=OFFICIAL]\"\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSocial Security (Administration) (Declinable Transactions and BasicsCard Bank Account) Determination 2023\n\nI, Ray Griggs, Secretary of the Department of Social Services, make the following determination.\n\nDated 1 March 2023    \n\nRay Griggs\n\nSecretary, Department of Social Services\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\nPart 2—Declinable Transactions\n\n6  Declining of a transaction by a financial institution\n\nPart 3—BasicsCard Bank Account\n\n7  BasicsCard bank account\n\n8  Terms and conditions of BasicsCard bank account\n\nSchedule 1—Declared kinds of business pursuant to subsection 123SV(2)—By description\n\nSchedule 2—Declared kinds of business pursuant to subsection 123SV(2)—By Merchant Category codes\n\nSchedule 3—Declared kinds of business pursuant to subsection 123SV(2)—By Australian and New Zealand Standard Industrial Classification (ANZSIC) codes\n\nSchedule 4—Terms and conditions relating to the establishment, ongoing maintenance and closure of BasicsCard bank accounts\n\nSchedule 5—Repeals\n\nSocial Security (Administration) (Cashless Welfare Arrangements) (Declinable Transactions and Welfare Restricted Bank Account) Determination 2019\n\n \n\nPart 1—Preliminary\n\n1  Name\n\n  This instrument is the Social Security (Administration) (Declinable Transactions and BasicsCard Bank Account) Determination 2023.\n\n2  Commencement\n\n(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. Sections 1 to 8 and anything not elsewhere covered by this table On the day after this instrument is registered.\n- 2. Schedules 1 to 4 On the day after this instrument is registered.\n- 3. Schedule 5 Immediately after the commencement of Part 2 of Schedule 1 of the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022.\n\n\n \n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subsections 123SU(1), 123SU(2) and 123SV(2) of the Social Security (Administration) Act 1999.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a)     cash-like product;\n\n(b)     excluded goods;\n\n(c)     excluded services;\n\n(d)     Part 3B payment nominee;\n\n(e)     subject to the enhanced income management regime.\n\n  \n\nIn this instrument:\n\nAct means the Social Security (Administration) Act 1999.\n\nBasicsCard bank account means a bank account of the kind referred to in section 7 of this instrument.\n\nIndue means Indue Ltd (ABN 97 087 822 464).\n\nMerchant Category codes means the merchant category codes under ISO 18245:2003 of the International Organisation for Standardisation as in force at the commencement of this instrument.\n\nAustralian and New Zealand Standard Industrial Classification codes means the Australian and New Zealand Standard Industrial Classification (ANZSIC) 2006 as in force at the commencement of this instrument.\n\nTraditional Credit Union means Traditional Credit Union Limited (ABN 50 087 650 922).\n\n5  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\nPart 2—Declinable Transactions\n\n6  Declining of a transaction by a financial institution\n\n  For the purposes of subsection 123SV(2) of the Act, the kinds of businesses specified in Schedule 1, Schedule 2 or Schedule 3 to this instrument are the kinds of businesses in relation to which transactions involving money in a BasicsCard bank account may be declined by a financial institution.\n\nPart 3—BasicsCard Bank Account\n\n7  BasicsCard bank account\n\n  For the purposes of subsection 123SU(1) of the Act, the kind of bank account to be maintained by a person who is subject to the enhanced income management regime for the receipt of payments is a bank account established with:\n\n (a) Indue; or\n\n (b) Traditional Credit Union.\n\n8  Terms and conditions of BasicsCard bank account\n\n  For the purposes of subsection 123SU(2) of the Act, the terms and conditions relating to a BasicsCard bank account include the terms and conditions set out in Schedule 4 to this instrument.\n\nSchedule 1—Declared kinds of business pursuant to subsection 123SV(2)—By description\n\n \n\n| Item | Description |\n| --- | --- |\n| 1 | A business which sells excluded goods, excluded services or a cash-like product that could be used to obtain excluded goods or excluded services. |\n| 2 | A business from which purchases may be made through online transactions or without the need to present a card, and the transaction involving money in a BasicsCard bank account is proposed to be made without presenting a BasicsCard bank account card. |\n| 3 | A business which there are reasonable grounds for believing engages or has engaged in transactions with a person subject to the enhanced income management regime that facilitate, or are designed to facilitate, access by the person to cash or cash-like products. |\n| 4 | A business that would, if it were operating its business under the correct Merchant Category code or Australian and New Zealand Standard Industrial Classification code, be a kind of business to which Schedule 2 or 3 to this instrument would apply. |\n\n\nSchedule 2—Declared kinds of business pursuant to subsection 123SV(2)—By Merchant Category codes\n\n \n\n| Item | MCC Code | Description |\n| --- | --- | --- |\n| 1 | 4829 | Quasi Cash—Wire Transfer Money Order |\n| 2 | 5309 | Duty Free Stores |\n| 3 | 5813 | Drinking Places (Alcoholic Beverages)—Bars, Taverns, Nightclubs, Cocktail Lounges and Discotheques |\n| 4 | 5921 | Package Stores—Beer, Wine and Liquor |\n| 5 | 6010 | Member Financial Institution—Manual Cash Disbursements |\n| 6 | 6011 | Member Financial Institution—Automated Cash Disbursements |\n| 7 | 6012 | Quasi Cash—Member Financial Institution—Merchandise and Services |\n| 8 | 6050 | Quasi Cash—Member Financial Institution |\n| 9 | 6051 | Non-Financial Institutions—Foreign Currency, Money Orders (not wire transfer) and Travelers Cheques |\n| 10 | 6211 | Securities—Brokers and Dealers |\n| 11 | 6529 | Quasi Cash—Remote Stored Value Load—Financial Institution |\n| 12 | 6530 | Quasi Cash—Remote Stored Value Load—Merchant |\n| 13 | 6531 | Payment Service Provider |\n| 14 | 6534 | Quasi Cash—Money Transfer—Member Financial Institution |\n| 15 | 7511 | Quasi Cash—Truck Stop Transactions |\n| 16 | 7778 | Citishare Cash Advance |\n| 17 | 7932 | Pool and Billiard Establishments |\n| 18 | 7995 | Gambling Transactions and Betting, including Lottery Tickets, Casino Gaming Chips, Off-Track Betting, and Wagers at Race Track |\n| 19 | 9754 | Quasi Cash—Gambling—Horse Racing, Dog Racing, State Lotteries |\n\n\nSchedule 3—Declared kinds of business pursuant to subsection 123SV(2)—By Australian and New Zealand Standard Industrial Classification (ANZSIC) codes\n\n \n\n| Item | ANZSIC code | Description |\n| --- | --- | --- |\n| 1 | 1212 | Beer Manufacturing |\n| 2 | 1213 | Spirit Manufacturing |\n| 3 | 1214 | Wine and Other Alcoholic Beverage Manufacturing |\n| 4 | 3606 | Liquor and Tobacco Product Wholesaling |\n| 5 | 4123 | Liquor Retailing |\n| 6 | 4520 | Pubs, Taverns and Bars |\n| 7 | 9201 | Casino Operation |\n| 8 | 9202 | Lottery Operation |\n| 9 | 9209 | Other Gambling Activities |\n| 10 | 5993 | Cigar Stores and Stands |\n\n\n \n\n \n\nSchedule 4—Terms and conditions relating to the establishment, ongoing maintenance and closure of BasicsCard bank accounts\n\nEstablishment of account\n\n(1) A BasicsCard bank account can only be:\n\n(a) opened in a single name; and\n\n(b) operated by the sole holder of the account or their Part 3B payment nominee.\n\n(2) A debit card will be provided to the holder of a BasicsCard bank account.\n\n(3) Any amount of money can be deposited into a BasicsCard bank account.\n\nMaintenance of a BasicsCard bank account\n\n (4) Subject to (13), a person may transfer money from one BasicsCard bank account to another BasicsCard bank account.\n\n(5) The debit card attached to the BasicsCard bank account may be used to purchase goods or services over the telephone or internet, or without presenting the debit card.\n\n(6) Subject to (11), a BasicsCard bank account may be used in an arrangement involving automatic drawing or withdrawal of monies by a third party that is based on BSB and account number.\n\n(7) Fees may not be charged in relation to depositing money into a BasicsCard bank account, or in relation to providing a debit card attached to a BasicsCard bank account to a person.\n\n(8) Interest cannot be charged on a balance in a BasicsCard bank account.\n\nRestrictions on the use of a BasicsCard bank account\n\n(9) Cash cannot be withdrawn from a BasicsCard bank account, whether through the use of a debit card attached to the account or by other methods of withdrawal.\n\n(10) Systems are in place which, so far as possible, prevent money in a BasicsCard bank account, and a debit card attached to that account, being used to purchase excluded goods, excluded services or a cash-like product that could be used to obtain excluded goods or excluded services.\n\n \n\n(11) Systems are in place which, so far as possible, prevent a person transferring money from a BasicsCard bank account to another bank account that is not a BasicsCard bank account unless the money is transferred for a purpose other than enabling the person to access cash or obtain cash-like products, excluded goods or excluded services.\n\n(12) Limitations may be placed on the amounts a person can spend using a debit card attached to his or her BasicsCard bank account.\n\n(13) Limitations may be placed on the amounts a particular holder of a BasicsCard bank account can transfer out of his or her BasicsCard bank account.\n\n(14) Limitations may be placed on a BasicsCard bank account and a debit card attached to that bank account to prevent money in the bank account being used to purchase excluded goods or services.\n\nClosure of a BasicsCard bank account\n\n (15) A BasicsCard bank account may be closed by the financial institution with which the account is held, without the consent of the holder of the account, if:\n\n (a) the holder of the account ceases to be subject to the enhanced income management regime;\n\n (b) the holder of the account has died; or\n\n (c) the following requirements are satisfied:\n\n(i) the holder of the account (first account) has given the Secretary notice of their intention to have a BasicsCard bank account administered by another financial institution named in section 7 of this Determination (second account), with such notice having been given in the form approved, and in the manner required, by the Secretary; and\n\n(ii) the second account has been established; and\n\n(iii) the first account has a nil balance.\n\n (16) Where a BasicsCard bank account is held by a person who has ceased to be subject to the enhanced income management regime, the financial institution administering that account may:\n\n (a) if the account has a nil balance—close the account within 91 days of the person ceasing to be subject to the enhanced income management regime; or\n\n (b)  transfer any remaining funds in that account to a bank account that the account holder had previously given notice of to the Secretary with 91 days of the person ceasing to be subject to the enhanced income management regime.\n\n(17) Where a BasicsCard bank account was held by a person who has died, the financial institution administering that account may:\n\n(a) if the account has a nil balance—close the account within 91 days of the person deceasing; or\n\n(b) where the account has remaining funds and the deceased person held an account in their sole name that they had previously given notice of to the Secretary—transfer any remaining funds in the BasicsCard bank account into that other account within 91 days of the person deceasing.\n\n(18) Where:\n\n (a) a person subject to the enhanced income management regime has funds held in a BasicsCard bank account (first account); and\n\n (b) they have given the Secretary notice of their intention to have a BasicsCard bank account administered by another financial institution named in section 7 of this Determination (second account); and\n\n (c) the notice was given to the Secretary in the form approved, and in the manner required, by the Secretary; and\n\n (d) the second account is established,\n\n the financial institution administering the first account may transfer the funds held in that account to the second account.\n\n \n\nSchedule 5—Repeals\n\nSocial Security (Administration) (Cashless Welfare Arrangements) (Declinable Transactions and Welfare Restricted Bank Account) Determination 2019\n\n1  The whole of the instrument\n\nRepeal the instrument\n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This Determination appears to maintain the same scope as its predecessor instrument (the 2019 Determination being repealed). It continues to govern declinable transactions and restricted bank accounts under income management. The change from 'Welfare Restricted Bank Account' to 'BasicsCard Bank Account' terminology reflects the policy shift from the Cashless Debit Card (now repealed) back to the BasicsCard system, but the substantive scope—controlling how welfare recipients can spend managed payments—remains consistent with the original intent of income management legislation."},"complexity_factors":["Multiple classification systems used to define restricted businesses: descriptive categories (Schedule 1), Merchant Category Codes/MCCs (Schedule 2), and ANZSIC industry codes (Schedule 3)","Cross-references to undefined terms in the parent Act ('excluded goods', 'excluded services', 'cash-like product', 'enhanced income management regime') which require external knowledge","Conditional logic in account closure provisions (section 15) with nested requirements (three alternative scenarios with one containing three sub-conditions)","Exception to exception structure in transfer restrictions (paragraph 11 allows transfers only if NOT for accessing cash/banned goods)","Specific technical banking terminology (BSB numbers, ISO 18245:2003 merchant codes, ANZSIC 2006 classification)","Interaction with repealing provision (Schedule 5) that ties commencement to another Act's commencement date"],"plain_english_summary":"This Determination sets the operational rules for the BasicsCard, a restricted debit card used for Australia’s enhanced income management. It limits providers, bars cash withdrawals and purchases at gambling, alcohol, tobacco, cash‑access or non‑present card merchants, restricts transfers to normal bank accounts, and allows account closure in specified circumstances. It affects welfare recipients placed on enhanced income management and matters because it operationalises how controlled welfare spending is enforced (replacing the 2019 CDC Determination)."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This Determination repeals the 2019 Declinable Transactions and Welfare Restricted Bank Account Determination (Schedule 5) and replaces it with a new schedule of declinable merchant types, explicitly names two approved BasicsCard account providers, and restates detailed account terms and operational controls. Mechanically, it narrows the instrument set by substituting the prior instrument with these specific provider and transactional rules, thereby altering the administrative framework governing BasicsCard accounts and declinable transactions."},"complexity_factors":["Multiple declaratory schedules using three different classification methods (free-text descriptions, ISO Merchant Category Codes, and ANZSIC codes) requiring cross-referencing between lists (Schedule 1–3).","References to and dependencies on specific subsections of the Social Security (Administration) Act 1999 (ss 123SU(1), 123SU(2), 123SV(2)), creating statutory interaction points.","Operational rules for account lifecycle: establishment, permitted operators (sole holder or Part 3B payment nominee), transfers, and three distinct closure scenarios with procedural conditions (Schedule 4).","Technical implementation requirements: prohibitions on cash withdrawal, systems to prevent purchases of excluded goods/services and certain transfers, and limits that may be imposed on spending or transfers (operational complexity for financial institutions).","Prescriptive transactional restrictions (e.g. no interest, no fees for deposits or card issuance) combined with discretionary powers (financial institution may close accounts, impose limits), creating mixed rules/discretion.","Interplay with external instruments and timing: commencement of repeal is tied to a provision of the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022, adding sequencing complexity.","Inclusion of nominated providers by name (Indue Ltd, Traditional Credit Union) limits provider choice and requires contractual/administrative arrangements with those entities.","Operational ambiguity around clauses qualified by phrases like “so far as possible” and “may be used”, which create practical uncertainty for compliance and enforcement."],"plain_english_summary":"This instrument lists the categories of merchants where payments from a BasicsCard bank account may be declined, sets the required bank-account type for people on the enhanced income management regime (nominating Indue and Traditional Credit Union), and prescribes account terms (no cash withdrawals, controls to block excluded goods/services, limits on transfers and spending, and closure rules). It also repeals the 2019 Determination. Account-holders’ payment choices are mechanically constrained; financial institutions must implement technical blocking and administrative controls."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/social-security-administration-declinable-transactions-and-basicscard-bank-account-determination-202","history":"/api/acts/social-security-administration-declinable-transactions-and-basicscard-bank-account-determination-202/history","analysis":"/api/acts/social-security-administration-declinable-transactions-and-basicscard-bank-account-determination-202/analysis","conflicts":"/api/acts/social-security-administration-declinable-transactions-and-basicscard-bank-account-determination-202/conflicts","importantCases":"/api/acts/social-security-administration-declinable-transactions-and-basicscard-bank-account-determination-202/important-cases","documents":"/api/acts/social-security-administration-declinable-transactions-and-basicscard-bank-account-determination-202/documents"}}