(1) As soon as practicable after 30 June in each year, the Secretary must give to the Minister a written report on the administrative operation of the social security law during the financial year that ended on that 30 June.
(2) The Minister is to cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives the report.
242 Appropriation
(1) Payments under the social security law and payments by the Commonwealth to financial corporations under the Student Financial Supplement Scheme established under Chapter 2B of the 1991 Act are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.
(2) However, subsection (1) does not apply to a payment of an amount under an arrangement or grant referred to in section 1062A of the 1991 Act.
Note: Such a payment is to be made out of money appropriated by the Parliament by another Act, which will usually be an Annual Appropriation Act.
243 Regulations
(1) The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act or the 1991 Act to be prescribed; or
(b) necessary or convenient for carrying out or giving effect to this Act or the 1991 Act and, in particular, may make regulations prescribing penalties of a fine not exceeding 10 penalty units for any breach of the regulations.
(2) Without limiting subsection (1), the matters that may be prescribed by regulations include:
(a) ways (other than ways involving the use of a document) in which a claim, application, submission, declaration or determination may be made or withdrawn, or information or a notice, statement, certificate, direction or consent may be given, for the purposes of a provision of the social security law; and
(b) matters relating to the doing of anything in a way referred to in paragraph (a), including matters relating to proof of the doing of things in such a way.
(3) The reference in subsection (2) to ways by which something may be made, withdrawn or given includes, but is not limited to:
(a) the use of electronic equipment; and
(b) ways that involve the use of a telecommunications system.
(4) Anything made, withdrawn or given in a way prescribed by regulations made by virtue of subsection (2) is taken, for the purposes of the social security law:
(a) to have been made, withdrawn or given in writing; and
(b) to have been made, withdrawn or given in accordance with the social security law.
(5) The reference in paragraph (2)(a) to a determination does not include a reference to a determination that is an instrument that is a legislative instrument.
243AA Review by Parliamentary Joint Committee on Human Rights
(1) The Parliamentary Joint Committee on Human Rights must conduct reviews under this section and report the Committee’s findings of each review to both Houses of the Parliament.
Requirements for review
(2) A review under this section must examine Part 3AA and Part 3B, so far as they relate to compulsory enhanced income management or compulsory income management, for compatibility with human rights.
First review
(3) The first review under this section must be completed within 12 months after this section commences.
Subsequent reviews
(4) Each subsequent review under this section must be completed within 3 years after the completion of the previous review.
When review is completed
(5) For the purposes of this section, a review is completed when the Committee’s findings of the review have been tabled in both Houses of the Parliament.
(6) In this section:
compulsory enhanced income management means the enhanced income management regime set out in Subdivisions A to F and H of Division 2, and Subdivisions A to B of Division 3, of Part 3AA.
compulsory income management means the income management regime set out in sections 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF and 123UFAA, and Subdivisions BA, BB and C of Division 2, and Subdivisions B to DAA of Division 5, of Part 3B.
human rights has the same meaning as in the Human Rights (Parliamentary Scrutiny) Act 2011.
243A Review of operation of Youth Jobs PaTH program
(1) Before the end of the period of 2 years after the commencement of Schedule 2 to the Social Security Legislation Amendment (Youth Jobs Path: Prepare, Trial, Hire) Act 2017, the Employment Minister must cause to be conducted a review into the operation of the program established by the Commonwealth and known as “Youth Jobs PaTH”.
(2) The Employment Minister must cause to be prepared a report of a review under subsection (1).
(3) The Employment Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the preparation of the report.
(4) In this section:
Employment Minister means the Minister administering the Fair Entitlements Guarantee Act 2012.
243B Review by Senate Committee
The Senate Community Affairs References Committee, or such other committee constituted under a resolution of the Senate, must:
(a) begin a review of each legislative instrument made by the Minister for the purposes of Part 3AA or Part 3B within 3 months after the day the instrument is tabled in the Senate; and
(b) report the Committee’s findings to the Senate as soon as practicable after completing each review.
Part 8—Transitional and saving provisions
244 Construction of references to 1991 Act
A reference in:
(a) a provision of a law of the Commonwealth or a Territory enacted before 20 March 2000 (whether or not the provision has come into operation); or
(b) an instrument or a document;
to a provision of the 1991 Act that has been repealed by the Social Security (Administration and International Agreements) (Consequential Amendments) Act 1999 is, on and after 20 March 2000, to be construed as a reference to the corresponding provision of this Act.
245 Correspondence of provisions
(1) If one provision of the 1991 Act and one provision of this Act have the same legal effect, the 2 provisions correspond to each other.
(2) If:
(a) a provision of the 1991 Act has a particular legal effect in relation to a number of payment types; and
(b) a provision of this Act has that legal effect in relation to one or more, but not all, of those payment types;
the provisions correspond to each other, for the purpose of subsection (1), in relation to the payment types referred to in paragraph (b).
(3) In this section:
legal effect includes conferring the power to issue an instrument.
payment type means a pension, benefit or allowance.
246 Saving of social security payments and concession cards
(1) If a determination under the 1991 Act granting a claim for a social security payment or concession card is in force immediately before 20 March 2000, the determination has effect, on and from 20 March 2000, as if it were a determination under this Act granting a claim for the payment or card.
(2) If a determination under the 1991 Act directing the making of a payment of a social security payment is in force immediately before 20 March 2000, the determination has effect, on and from 20 March 2000, as if it were a determination under this Act directing the making of a payment of the social security payment.
247 Saving of instruments under 1991 Act
(1) An instrument that was in force, immediately before 20 March 2000, under a provision of the 1991 Act that is amended or repealed by the Social Security (Administration and International Agreements) (Consequential Amendments) Act 1999 has effect, on and from 20 March 2000, as if it were an instrument made under the corresponding provision of this Act.
(2) Without limiting subsection (1), the instrument may be:
(a) a determination; or
(b) a direction; or
(c) an approval; or
(d) a notice; or
(e) a declaration; or
(f) an authorisation.
(3) Subsection (1) does not apply to:
(a) a determination to which section 246 applies; or
(b) a delegation under section 1299 of the 1991 Act.
(4) If an instrument to which subsection (1) applies was, when made, to have effect only for a limited period, the instrument has effect under subsection (1) only for so much of the period as had not already expired before 20 March 2000.
248 Saving of claims for social security payments and concession cards
(1) If:
(a) a person has lodged a claim for a social security payment or a concession card under the 1991 Act before 20 March 2000; and
(b) the claim has not been determined before 20 March 2000;
the claim has effect, on and from 20 March 2000, as if it were a claim under this Act for the payment or card.
(2) If:
(a) subsection (1) applies to a claim; and
(b) the claim is granted under this Act;
the determination granting the claim may have a date of effect before 20 March 2000.
(3) If:
(a) subsection (1) applies to a claim; and
(b) the claim is granted under this Act; and
(c) the determination granting the claim has a date of effect before 20 March 2000;
the payment of instalments during the period that starts on the date of effect of the determination and ends on 19 March 2000 is taken to be made under this Act and the person making the claim has no rights under the 1991 Act arising from the claim.
249 Transitional instalment period
If:
(a) an instalment period relating to an instalment of a social security payment payable to a person under the 1991 Act commenced before 20 March 2000; and
(b) the instalment period would have ended after 20 March 2000;
this Act has effect in relation to that period and that instalment as if:
(c) this Act had been in force throughout the whole of the instalment period; and
(d) the instalment period had been a period determined under subsection 43(1) of this Act.
250 Application for amount owing at recipient's death
If:
(a) before 20 March 2000, a person made an application under a provision of the 1991 Act that relates to the payment of a social security payment after a person has died; and
(b) the application was not determined before 20 March 2000;
then:
(c) the application has effect, on and from 20 March 2000, as if it had been made under the corresponding provision of this Act and:
(d) this Act has effect as if the amount in respect of which the application was made were an amount payable under this Act; and
(e) the application has no effect for the purposes of the 1991 Act.
251 Power to obtain information about events etc. before 20 March 2000
If a provision of this Act gives the Secretary power to request a person to give information or produce a document, the power extends to requesting a person:
(a) to give information about matters that arose before 20 March 2000; or
(b) to produce a document that came into existence, or relates to matters that arose, before 20 March 2000.
252 Unfinished reviews by Secretary
(1) If:
(a) a person made an application under section 1240 of the 1991 Act before 20 March 2000; and
(b) the application was not determined before 20 March 2000;
the application has effect, from 20 March 2000, as if it were an application under section 129 of this Act.
(2) The date of effect of the decision made in response to the application may be before 20 March 2000.
(3) If:
(a) subsection (1) applies to an application; and
(b) the date of effect of the decision made in response to the application is before 20 March 2000;
the decision has effect, for the period that starts on the date of effect of the decision and ends on 19 March 2000, as if it were a decision made under the 1991 Act.
255 Saving of steps in review process
If:
(a) a person made an application under section 1240, 1247 or 1283 of the 1991 Act before 20 March 2000; and
(b) the application was not determined before 20 March 2000;
anything done under, or for the purposes of, a provision of the 1991 Act before 20 March 2000 has effect, on and after that date, as if it had been done under, or for the purposes of, the corresponding provision of this Act.
256 Entitlements and liabilities
(1) Subsection (2) applies to an amount that:
(a) would have been payable on or after 20 March 2000; and
(b) represents an entitlement that arose before 20 March 2000 under a provision of the 1991 Act as in force before that date.
(2) For the purposes of section 242, an amount to which this subsection applies is taken to be payable, on and after 20 March 2000, under the social security law.
(3) A debt due under the 1991 Act before 20 March 2000 and remaining unpaid on that date is taken to be a debt due under the social security law.
257 Transitional regulations
(1) The Governor‑General may make regulations prescribing matters in relation to any transitional matters (including prescribing any saving or application provisions) arising out of the enactment of this Act.
(2) Without limiting subsection (1), and in spite of any other provision of this or any other Act, regulations made by virtue of subsection (1) may:
(a) modify the effect of a provision of this Part (other than this section); or
(b) substitute another provision for any provision of this Part (other than this section); or
(c) add a provision to this Part (other than this section).
Schedule 1—Dictionary
Note: See section 3.
1 Definitions
(1) In this Act:
1991 Act means the Social Security Act 1991.
activity supplement has the meaning given by the Farm Household Support Act 2014.
Agriculture Department means the Department administered by the Agriculture Minister.
Agriculture Minister means the Minister administering the Farm Household Support Act 2014.
alcoholic beverage means a beverage that contains more than 1.15% by volume of ethyl alcohol.
ART means the Administrative Review Tribunal.
ART Act means the Administrative Review Tribunal Act 2024.
ART Principal Registrar means the Chief Executive Officer and Principal Registrar of the ART.
ART review has the meaning given by section 142.
attendance, at a school, for the purposes of Part 3C (schooling requirements), has the meaning given by section 124A.
attendance notice has the meaning given by section 124K.
authorised review officer means an officer authorised under section 235 to perform duties as an authorised review officer for the purposes of the social security law.
compliance notice has the meaning given by section 124ND.
connection failure has the meaning given by subsection 42E(1).
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
Digital Switch‑over Household Assistance Program means the program that:
(a) is administered by the Commonwealth; and
(b) involves the provision and/or installation of any or all of the following:
(i) set‑top boxes;
(ii) cables;
(iii) antennas;
for the purposes of enabling the members of certain households to view television programs transmitted in digital mode (within the meaning of Schedule 4 to the Broadcasting Services Act 1992).
employment pathway plan decision: see section 140A.
employment pathway plan matters has the meaning given by section 40F.
enrolment, at a school, for the purposes of Part 3C (schooling requirements), has the meaning given by section 124A.
enrolment notice has the meaning given by section 124F.
farm financial assessment supplement has the meaning given by the Farm Household Support Act 2014.
farm household allowance has the meaning given by the Farm Household Support Act 2014.
FHA supplement has the meaning given by the Farm Household Support Act 2014.
further reconnection requirement has the meaning given by section 42J.
gambling means a service provided to a person in the capacity of a customer of a gambling service (within the meaning of the Interactive Gambling Act 2001).
goods has the same meaning as in the Competition and Consumer Act 2010.
guidance and appeals panel has the same meaning as in the ART Act.
guidance and appeals panel proceeding has the same meaning as in the ART Act.
mutual obligation failure has the meaning given by section 42AC.
non‑attendance failure has the meaning given by subsection 42SC(1).
no show no pay failure has the meaning given by subsection 42C(1).
participation payment is any of the following payments that are paid to a person:
(a) jobseeker payment;
(b) if the person is neither undertaking full‑time study (see section 541B of the 1991 Act) nor is a new apprentice—youth allowance;
(c) if the person is someone to whom paragraph 500(1)(c) or (ca) of the 1991 Act applies—parenting payment;
(d) if the person is a nominated visa holder—special benefit.
payment suspension period has the meaning given by subsection 42AL(1).
penalty amount for a person for a no show no pay failure, a reconnection failure or a non‑attendance failure means the amount worked out for the person in accordance with the legislative instrument made under section 42T.
person responsible, for the operation of a school, for the purposes of Part 3C (schooling requirements), has the meaning given by section 124A.
post‑cancellation non‑payment period has the meaning given by subsection 42AP(5).
proof of life certificate has the meaning given by section 63A.
reconnection failure has the meaning given by subsection 42H(1).
reconnection failure period has the meaning given by subsection 42H(4).
reconnection requirement:
(a) for a mutual obligation failure or a work refusal failure—has the meaning given by subsection 42AM(1); and
(b) for a failure mentioned in section 42G—has the meaning given by that section.
relief payment has the meaning given by the Farm Household Support Act 2014.
relocation assistance has the meaning given by subsection 42AO(2).
schooling requirement child has the meaning given by section 124B.
schooling requirement determination has the meaning given by section 124C.
schooling requirement payment has the meaning given by section 124D.