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This instrument is the Social Security (Administration) (Authorised Certifier) Determination 2019.
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Commonwealth legislation
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.
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Direct links to the current provisions in Social Security (Administration) (Authorised Certifier) Determination 2019.
This instrument is the Social Security (Administration) (Authorised Certifier) Determination 2019.
This instrument is made under subsection 63A(9) of the Social Security (Administration) Act 1999.
In this instrument:
Act means the Social Security (Administration) Act 1999.
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.
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.
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).
(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.
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).
Persons recognised under Australian Law (2) The following classes of person are specified: (a) a person who: (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 (ii) holds a certificate to practise as a legal practitioner under a law of a State or Territory; (b) a Registrar or Deputy Registrar of a federal court or of a court of a State or Territory; (c) a person who is the holder of: (i) an office of a judge, magistrate or justice of a federal court or of a court of a State or Territory; or (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; (d) a justice of the peace; (e) a notary public; (f) a police officer including: (i) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or (ii) a special member (within the meaning of that Act); or (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; (g) an Australian Consular Officer, or Australian Diplomatic Officer, within the meaning of the Consular Fees Act 1955; (h) a person who is: (i) in a place outside of Australia; and (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 (i) a person who is a medical practitioner (within the meaning of the Health Insurance Act 1973). Persons recognised in social security recipient’s place of residence (3) The following classes of person are specified for all social security recipients who are residents of a particular place outside of Australia: (a) a person who, under the law of or applying at that place, is currently authorised or entitled to practise in that place as: (i) a legal practitioner (however described); or (ii) a notary public (however described); or (iii) a medical practitioner (however described); or (iv) a police officer (however described); (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: (i) a judge, magistrate or justice; (ii) a registrar or deputy registrar; (c) an official (however described) of a municipal authority or pension agency.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the Social Security (Administration) (Authorised Certifier) Determination 2019.
This instrument is made under subsection 63A(9) of the Social Security (Administration) Act 1999.
In this instrument:
Act means the Social Security (Administration) Act 1999.
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.
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.
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).
(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.
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).
Persons recognised under Australian Law (2) The following classes of person are specified: (a) a person who: (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 (ii) holds a certificate to practise as a legal practitioner under a law of a State or Territory; (b) a Registrar or Deputy Registrar of a federal court or of a court of a State or Territory; (c) a person who is the holder of: (i) an office of a judge, magistrate or justice of a federal court or of a court of a State or Territory; or (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; (d) a justice of the peace; (e) a notary public; (f) a police officer including: (i) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or (ii) a special member (within the meaning of that Act); or (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; (g) an Australian Consular Officer, or Australian Diplomatic Officer, within the meaning of the Consular Fees Act 1955; (h) a person who is: (i) in a place outside of Australia; and (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 (i) a person who is a medical practitioner (within the meaning of the Health Insurance Act 1973). Persons recognised in social security recipient’s place of residence (3) The following classes of person are specified for all social security recipients who are residents of a particular place outside of Australia: (a) a person who, under the law of or applying at that place, is currently authorised or entitled to practise in that place as: (i) a legal practitioner (however described); or (ii) a notary public (however described); or (iii) a medical practitioner (however described); or (iv) a police officer (however described); (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: (i) a judge, magistrate or justice; (ii) a registrar or deputy registrar; (c) an official (however described) of a municipal authority or pension agency.