(1) The Secretary may give the payment nominee of a benefit recipient a notice that requires the nominee to give the Department a statement giving particulars of the disposal by the nominee of money paid under the social security law to the nominee on behalf of the benefit recipient.
(2) Subject to subsection (3), a notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post or by any other means approved by the Secretary; and
(c) must specify how the nominee is to give the statement to the Department; and
(d) must specify the period within which the nominee is to give the statement to the Department.
(3) A notice under subsection (1) is not ineffective merely because it fails to comply with paragraph (2)(c).
(4) The period specified under paragraph (2)(d) must not end earlier than 14 days after the day on which the notice is given.
(5) A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary.
(6) A nominee must not refuse or fail to comply with a notice under subsection (1).
Penalty: 60 penalty units.
(7) Subsection (6) applies only to the extent to which the person is capable of complying with the notice.
(8) Subsection (6) does not apply if the person has a reasonable excuse.
(9) An offence against subsection (6) is an offence of strict liability.
(10) This section extends to:
(a) acts, omissions, matters and things outside Australia, whether or not in a foreign country; and
(b) all persons, irrespective of their nationality or citizenship.
Division 5—Other matters
123M Protection of principal against liability for actions of nominee
Nothing in this Part has the effect of rendering a person guilty of an offence against this Act in respect of any act or omission of the person’s correspondence nominee.
123N Protection of nominee against criminal liability
(1) A nominee is not subject to any criminal liability under the social security law in respect of:
(a) any act or omission of the principal; or
(b) anything done, in good faith, by the nominee in his or her capacity as nominee.
(2) This section has effect subject to section 123L.
123O Duty of nominee to principal
(1) It is the duty of a person who is the payment or correspondence nominee of another person at all times to act in the best interests of the principal.
(2) A nominee does not commit a breach of the duty imposed by subsection (1) by doing an act if, when the act is done, there are reasonable grounds for believing that it is in the best interests of the principal that the act be done.
(3) A nominee does not commit a breach of the duty imposed by subsection (1) by refraining from doing an act if, at the relevant time, there are reasonable grounds for believing that it is in the best interests of the principal that the act be not done.
123P Saving of Secretary’s powers of revocation
Nothing in this Part is to be taken to be an expression of a contrary intention for the purposes of subsection 33(3) of the Acts Interpretation Act 1901.
123Q Saving of Secretary’s powers to give notices to principal
Nothing in this Part is intended in any way to limit or affect the Secretary’s powers under other provisions of the social security law to give notices to, or make requirements of, a person who has a nominee.
123R Notification of nominee where notice given to principal
If, under a provision of the social security law (other than a provision of this Part), the Secretary gives a notice to a person who has a correspondence nominee, the Secretary may inform the correspondence nominee of the giving of the notice and of the terms of the notice.
123S Right of nominee to attend with principal
(1) If:
(a) under a provision of the social security law (other than a provision of this Part), the Secretary gives a notice to a person who has a correspondence nominee; and
(b) the notice requires the person:
(i) to attend the Department; or
(ii) to attend a particular place; and
(c) the Secretary informs the person’s correspondence nominee of the giving of the notice;
the correspondence nominee may attend the Department or place, as the case may be, with the person if the person so wishes.
(2) If:
(a) under a provision of the social security law (other than a provision of this Part), the Secretary gives a notice to a person who has a correspondence nominee; and
(b) the notice requires the person to undergo a medical, psychiatric or psychological examination;
the correspondence nominee may accompany the person while the examination is being conducted:
(c) if the person so wishes; and
(d) to the extent to which the person conducting the examination consents.
(3) If a person’s correspondence nominee is a body corporate, the last reference in subsection (1) or (2) to the correspondence nominee is to be read as a reference to an officer or employee of the correspondence nominee.
Part 3AA—Enhanced income management regime
Division 1—Introduction
123SA Simplified outline of this Part
• There is an enhanced income management regime for recipients of certain welfare payments.
• A person may become subject to the enhanced income management regime because:
(a) the Queensland Commission requires the person to be subject to the enhanced income management regime; or
(b) a child protection officer of a State or Territory requires the person to be subject to the enhanced income management regime; or
(c) the person, or the person’s partner, has a child who does not meet school enrolment requirements; or
(d) the person, or the person’s partner, has a child who has unsatisfactory school attendance; or
(e) an officer or employee of a recognised State/Territory authority requires the person to be subject to the enhanced income management regime; or
(f) the Secretary has determined that the person is a vulnerable welfare payment recipient; or
(g) the person meets the criteria relating to disengaged youth; or
(h) the person meets the criteria relating to long‑term welfare payment recipients; or
(i) the person voluntarily agrees to be subject to the enhanced income management regime.
• A person may also become subject to the enhanced income management regime in certain circumstances where the person requests to transfer from the income management regime under Part 3B.
• Certain welfare payments are divided into qualified and unqualified portions, with the qualified portions being credited to a BasicsCard bank account. The amount of each portion may be varied by the Secretary. Recipients are unable to spend the qualified portions of such payments on certain goods or services such as alcohol, tobacco products or gambling.
123SB Definitions
In this Part:
applicable school period has the meaning given by section 123SCG.
balance of the qualified portion, of a category B welfare payment, a category D welfare payment or a relevant payment, means:
(a) if a deduction is to be made from, or an amount is to be set off against, the payment under:
(i) section 61, 61A or 238 of this Act; or
(ii) section 1231 of the 1991 Act; or
(iii) section 84, 84A, 92, 92A, 225, 226, 227 or 228A of the Family Assistance Administration Act;
the amount of the qualified portion of the payment less the amount of the deduction or the amount of the set‑off; or
(b) in any other case—the amount of the qualified portion of the payment.
BasicsCard bank account means a bank account of a kind determined by a legislative instrument made under section 123SU.
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.
cash‑like product includes 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.
category A welfare payment means:
(a) a social security benefit; or
(b) a social security pension; or
(c) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance.
category B welfare payment means:
(a) a category A welfare payment; or
(b) double orphan pension; or
(c) family tax benefit under the Family Assistance Act; or
(d) family tax benefit advance under the Family Assistance Administration Act; or
(e) stillborn baby payment under the Family Assistance Act; or
(f) carer allowance; or
(g) child disability assistance; or
(h) carer supplement; or
(i) mobility allowance; or
(j) pensioner education supplement; or
(k) telephone allowance under Part 2.25 of the 1991 Act; or
(l) utilities allowance under Part 2.25A of the 1991 Act; or
(m) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or
(n) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or
(o) a social security bereavement payment; or
(p) an advance payment under Part 2.22 of the 1991 Act; or
(q) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or
(r) a mobility allowance advance under section 1045 of the 1991 Act.
category C welfare payment means:
(a) youth allowance; or
(b) jobseeker payment; or
(c) special benefit; or
(d) pension PP (single); or
(e) benefit PP (partnered).
category D welfare payment means:
(a) a social security benefit; or
(b) a disability support pension; or
(c) a carer payment; or
(d) a pension PP (single); or
(e) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance; or
(f) double orphan pension; or
(g) family tax benefit under the Family Assistance Act; or
(h) family tax benefit advance under the Family Assistance Administration Act; or
(i) stillborn baby payment under the Family Assistance Act; or
(j) carer allowance; or
(k) child disability assistance; or
(l) carer supplement; or
(m) mobility allowance; or
(n) pensioner education supplement; or
(o) telephone allowance under Part 2.25 of the 1991 Act; or
(p) utilities allowance under Part 2.25A of the 1991 Act; or
(q) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or
(r) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or
(s) a social security bereavement payment; or
(t) an advance payment under Part 2.22 of the 1991 Act; or
(u) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or
(v) a mobility allowance advance under section 1045 of the 1991 Act.
category F welfare payment means:
(a) a social security benefit; or
(b) a disability support pension; or
(c) a carer payment; or
(d) a pension PP (single); or
(e) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance.
category G welfare payment means:
(a) a category F welfare payment; or
(b) double orphan pension; or
(c) family tax benefit under the Family Assistance Act; or
(d) family tax benefit advance under the Family Assistance Administration Act; or
(e) stillborn baby payment under the Family Assistance Act; or
(f) carer allowance; or
(g) child disability assistance; or
(h) carer supplement; or
(i) mobility allowance; or
(j) pensioner education supplement; or
(k) telephone allowance under Part 2.25 of the 1991 Act; or
(l) utilities allowance under Part 2.25A of the 1991 Act; or
(m) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or
(n) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or
(o) a social security bereavement payment; or
(p) an advance payment under Part 2.22 of the 1991 Act; or
(q) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or
(r) a mobility allowance advance under section 1045 of the 1991 Act.
Ceduna area means Ceduna within the meaning of the Social Security (Administration) (Trial Area — Ceduna and Surrounding Region) Determination 2015 as in force on 15 March 2016 and includes the Surrounding Region (within the meaning of that determination as so in force).
child protection officer means an officer or employee of a State or Territory who has functions, powers or duties in relation to the care, protection or welfare of children.
declared child protection State or Territory has the meaning given by subsection 123SCA(7).
declared primary school area has the meaning given by subsection 123SCF(1).
declared secondary school area has the meaning given by subsection 123SCF(3).
East Kimberley area means East Kimberley within the meaning of the Social Security (Administration) (Trial Area – East Kimberley) Determination 2016 as in force on 26 April 2016 and includes the areas of each of the Included Communities (within the meaning of that determination as so in force).
eligible care child has the meaning given by section 123SCD.
eligible care period has the meaning given by section 123SCE.
eligible recipient has the same meaning as in Part 3B.
equivalent rate of special benefit, in relation to a person, means a rate of special benefit equivalent to the maximum basic rate of youth allowance that the person would receive if the person were qualified for youth allowance.
excluded goods has the same meaning as in Part 3B.
excluded service has the same meaning as in Part 3B.
exempt welfare payment recipient has the meaning given by section 123SDB, 123SDC or 123SDD.
family law order means:
(a) a parenting order within the meaning of section 64B of the Family Law Act 1975; or
(b) a family violence order within the meaning of section 4 of that Act; or
(c) a State child order registered under section 70D of that Act; or
(d) an overseas child order registered under section 70G of that Act.
full‑time student has the meaning given by section 123SDE.
Goldfields area means the following Local Government Areas as at 7 February 2018:
(a) the Shire of Leonora;
(b) the Shire of Laverton;
(c) the City of Kalgoorlie‑Boulder;
(d) the Shire of Coolgardie;
(e) the Shire of Menzies.
Local Government Areas means areas designated by the Governor of Western Australia to be a city, town or shire, in accordance with the Local Government Act 1995 (WA).
parenting plan has the same meaning as in the Family Law Act 1975.
Part 3B payment nominee has the same meaning as in Part 3B.
qualified portion:
(a) of a category B welfare payment:
(i) for a person who is subject to the enhanced income management regime under section 123SC—has the meaning given by section 123SJ; or
(ii) for a person who is subject to the enhanced income management regime under section 123SCA—has the meaning given by section 123SLA; or
(iii) for a person who is subject to the enhanced income management regime under section 123SCB or 123SCC—has the meaning given by section 123SLD; or
(iv) for a person who is subject to the enhanced income management regime under section 123SCJ—has the meaning given by section 123SLG; or
(v) for a person who is subject to the enhanced income management regime under section 123SE—has the meaning given by section 123SP; or
(b) of a category D welfare payment, has the meaning given by section 123SM; or
(c) of a relevant payment, has the meaning given by section 123SLJ.
Queensland Commission has the same meaning as in Part 3B.
recognised State/Territory authority has the meaning given by subsection 123SCK(1).
registered parenting plan has the same meaning as in the Family Law Act 1975.
relevant payment, for a person who is subject to the enhanced income management regime under section 123SCL, means:
(a) if the person has been given a transfer notice referred to in paragraph 123SCL(3)(c) and the notice is in force—a category B welfare payment; or
(b) otherwise—a category G welfare payment.
repeal day means the day on which Part 2 of Schedule 1 to the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 commences.
school age child has the meaning given by section 123SDF.
State/Territory authority means:
(a) department, or a part of a department, of a State or Territory; or
(b) a body of a State or Territory; or
(c) an agency of a State or Territory.
subject to the enhanced income management regime has the meaning given by Division 2.
unqualified portion:
(a) of a category B welfare payment:
(i) for a person who is subject to the enhanced income management regime under section 123SC—has the meaning given by section 123SJ; or
(ii) for a person who is subject to the enhanced income management regime under section 123SCA—has the meaning given by section 123SLA; or
(iii) for a person who is subject to the enhanced income management regime under section 123SCB or 123SCC—has the meaning given by section 123SLD; or
(iv) for a person who is subject to the enhanced income management regime under section 123SCJ—has the meaning given by section 123SLG; or
(v) for a person who is subject to the enhanced income management regime under section 123SE—has the meaning given by section 123SP; or
(b) of a category D welfare payment, has the meaning given by section 123SM; or
(c) of a relevant payment, has the meaning given by section 123SLJ.
unsatisfactory school attendance situation has the meaning given by section 123SCH.
voluntary enhanced income management agreement has the meaning given by section 123SF.