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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Family
and Community Services Legislation Amendment (Budget Initiatives and Other
Measures) Bill 2002
No. ,
2002
(Family and Community
Services)
A Bill for an Act to amend the
social security law and the family assistance law, and for related
purposes
Contents
Social Security (Administration) Act
1999 3
A New Tax System (Family Assistance) (Administration) Act
1999 17
Social Security Act
1991 31
A Bill for an Act to amend the social security law and
the family assistance law, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Family and Community Services Legislation
Amendment (Budget Initiatives and Other Measures) Act 2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedule 1 |
1 July 2003 |
|
|
3. Schedule 2 |
1 July 2003 |
|
|
4. Schedule 3 |
The day on which this Act receives the Royal Assent |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Social Security
(Administration) Act 1999
1 Subsection 44(1)
Omit “subsection (4) and”.
2 Subsection 44(2)
Omit “Subject to subsection (4), if”, substitute
“If”.
3 Subsections 44(3) to (5)
Repeal the subsections, substitute:
(3) This section has effect subject to Part 3A.
4 Subsection 45(2)
Repeal the subsection, substitute:
(2) The Secretary may direct that the whole or a part of the instalments
of youth allowance of a person referred to in subsection (1) is to be paid
to the person.
5 At the end of
section 45
Add:
(4) This section has effect subject to Part 3A.
6 Subsection 47(4)
Omit “subsection (6)”, substitute
“Part 3A”.
7 Subsections 47(5) and (6)
Repeal the subsections.
8 Subsection 55(1)
Omit “An amount”, substitute “Subject to Part 3A, an
amount”.
9 After Part 3
Insert:
In this Part:
correspondence nominee means a person who, by virtue of an
appointment in force under section 123C, is the correspondence nominee of
another person.
nominee means a correspondence nominee or a payment
nominee.
payment nominee means:
(a) a person who, by virtue of an appointment in force under
section 123B, is the payment nominee of another person; or
(b) a person to whom instalments of youth allowance of another person are
to be paid in accordance with subsection 45(1).
principal, in relation to a nominee, means:
(a) in the case of a nominee appointed under section 123B or 123C,
the person in relation to whom the nominee was appointed; or
(b) in the case of a person to whom instalments of youth allowance are to
be paid in accordance with subsection 45(1), the person on whose behalf those
instalments are to be so paid.
relevant payment means:
(a) instalments of a social security periodic payment; or
(b) instalments of a special employment advance; or
(c) a social security payment that is a lump sum benefit for the purposes
of section 47.
Subject to section 123D, the Secretary may, in writing:
(a) appoint a person (including a body corporate) to be the payment
nominee of another person for the purposes of the social security law;
and
(b) direct that the whole or a specified part of a specified relevant
payment that is payable to the nominee’s principal, or would, but for
subsection 45(1), be so payable, is to be paid to the nominee.
Subject to section 123D, the Secretary may, in writing, appoint a
person (including a body corporate) to be the correspondence nominee of another
person for the purposes of the social security law.
(1) A person may be appointed as the payment nominee and the
correspondence nominee of the same person.
(2) The Secretary must not appoint a nominee for a person (the
proposed principal) under section 123B or 123C
except:
(a) with the written consent of the person to be appointed; and
(b) after taking into consideration the wishes (if any) of the proposed
principal regarding the making of such an appointment.
(3) The Secretary must cause a copy of an appointment under
section 123B or 123C to be given to:
(a) the nominee; and
(b) the principal.
(4) The Secretary must not appoint a payment nominee for a person who is
the holder of a concession card but is not receiving a social security
payment.
(1) If a person who is a nominee by virtue of an appointment under
section 123B or 123C informs the Secretary in writing that the person no
longer wishes to be a nominee under that appointment, the Secretary must, as
soon as practicable, revoke the appointment.
(2) If:
(a) the Secretary gives a person who is a nominee a notice under
section 123K; and
(b) the person informs the Department that:
(i) an event or change of circumstances has occurred or is likely to
occur; and
(ii) the event or change of circumstances is likely to have an effect
referred to in paragraph 123K(1)(b);
the Secretary may suspend or revoke the appointment by virtue of which the
person is a nominee.
(3) If:
(a) the Secretary gives a person who is a nominee a notice
under section 123K or 123L; and
(b) the person does not comply with the requirement of the
notice;
the Secretary may suspend or revoke the appointment, or each appointment,
by virtue of which the person is a nominee.
(4) While an appointment is suspended, the appointment has no effect for
the purposes of this Part.
(5) The Secretary may, at any time, cancel the suspension of an
appointment under subsection (2) or (3).
(6) The suspension or revocation of an appointment, and the cancellation
of such a suspension, must be in writing.
(7) The revocation of an appointment has effect on and from such day,
being later than the day of the revocation, as is specified in the
revocation.
(8) Subsections (2) and (3) do not apply to a person who is a payment
nominee by virtue of paragraph (b) of the definition of payment
nominee in section 123A.
(9) The Secretary must cause a copy of:
(a) a suspension of an appointment; or
(b) a revocation of an appointment; or
(c) a cancellation of a suspension of an appointment;
to be given to:
(d) the nominee; and
(e) the principal.
(1) If:
(a) a person has a payment nominee; and
(b) the whole or a part of a relevant payment is payable to the person, or
would, but for subsection 45(1), be so payable; and
(c) the Secretary has given a direction in relation to the relevant
payment under section 123B;
the relevant payment is to be paid in accordance with the
direction.
(2) An amount paid to the payment nominee of a person:
(a) is paid to the payment nominee on behalf of the person; and
(b) is taken, for the purposes of the social security law (other than this
Part), to have been paid to the person and to have been so paid when it was paid
to the nominee.
(3) An amount that is to be paid to the payment nominee of a person must
be paid to the credit of a bank account nominated and maintained by the
nominee.
(4) The Secretary may direct that the whole or a part of an amount that is
to be paid to a payment nominee be paid to the payment nominee in a different
way from that provided for by subsection (3). If the Secretary gives such a
direction, an amount to which the direction relates is to be paid in accordance
with the direction.
(5) Subsections (3) and (4) do not apply in the case of a person who
is a payment nominee by virtue of paragraph (b) of the definition of
payment nominee in section 123A.
In this Division:
benefit recipient means a person who:
(a) has made a claim for, or is receiving, a social security payment;
or
(b) has made a claim for, or is the holder of, a concession
card.
(1) Subject to section 123S and subsection (4), any act that may
be done by a benefit recipient under, or for the purposes of, the social
security law (other than an act for the purposes of Division 2 or 3) may be
done by the benefit recipient’s correspondence nominee.
(2) Without limiting subsection (1), an application or claim that may
be made under the social security law by a benefit recipient may be made by the
benefit recipient’s correspondence nominee on behalf of the benefit
recipient, and an application or claim so made is taken to be made by the
benefit recipient.
(3) An act done by a benefit recipient’s correspondence nominee
under this section has effect, for the purposes of the social security law
(other than this Part), as if it had been done by the benefit
recipient.
(4) If, under a provision of the social security law, the
Secretary:
(a) gives to a benefit recipient who has a correspondence nominee a notice
making a requirement of the benefit recipient; or
(b) notifies a benefit recipient who has a correspondence nominee that the
benefit recipient is required to do an act;
subsection (1) does not authorise the correspondence nominee to do an
act that is required by the notice or the notification, as the case may be, to
be done by the benefit recipient.
(1) Any notice that the Secretary is authorised or required by the social
security law to give to a benefit recipient may be given by the Secretary to the
benefit recipient’s correspondence nominee.
(2) The notice:
(a) must, in every respect, be in the same form, and in the same terms, as
if it were being given to the benefit recipient; and
(b) may be given to the correspondence nominee personally or by post or in
any other manner approved by the Secretary.
(3) If:
(a) under subsection (1), the Secretary gives a notice (the
nominee notice) to a benefit recipient’s correspondence
nominee; and
(b) the Secretary afterwards gives the benefit recipient a notice
that:
(i) is expressed to be given under the same provision of the social
security law as the nominee notice; and
(ii) makes the same requirement of the benefit recipient as the nominee
notice;
section 123J ceases to have effect in relation to the nominee
notice.
(4) If:
(a) under subsection (1), the Secretary gives a notice (the
nominee notice) to a benefit recipient’s correspondence
nominee; and
(b) the Secretary has already given to the benefit recipient a notice
that:
(i) is expressed to be given under the same provision of the social
security law as the nominee notice; and
(ii) makes the same requirement of the benefit recipient as the nominee
notice;
section 123J does not have effect in relation to the nominee
notice.
(1) If, under section 123I, a notice is given to a benefit
recipient’s correspondence nominee, the following paragraphs have
effect:
(a) for the purposes of the social security law, other than this Part, the
notice is taken:
(i) to have been given to the benefit recipient; and
(ii) to have been so given on the day on which the notice was given to the
correspondence nominee;
(b) any requirement that the notice makes of the benefit recipient may be
satisfied by the correspondence nominee;
(c) any act done by the correspondence nominee for the purpose of
satisfying a requirement of the notice has effect, for the purposes of the
social security law (other than Part 6 of this Act), as if it had been done
by the benefit recipient;
(d) if the correspondence nominee fails to satisfy a requirement of the
notice, the benefit recipient is taken, for the purposes of the social security
law, to have failed to comply with the requirement;
(e) for the purposes of determining whether anything done by the
correspondence nominee constitutes compliance with the notice, the social
security law has effect as if a reference in the notice to the benefit recipient
becoming aware that a specified event or change of circumstances is likely to
occur were a reference to the correspondence nominee becoming so
aware.
(2) In order to avoid doubt, and without limiting subsection (1), it
is declared as follows:
(a) if the notice requires the benefit recipient to inform the Department
of a matter within a specified period and the correspondence nominee informs the
Department of the matter within that period in accordance with the notice, the
benefit recipient is taken, for the purposes of the social security law, to have
complied with the requirement set out in the notice;
(b) if the notice requires the benefit recipient to give a statement about
a matter, or produce a document, to the Department within a specified period and
the correspondence nominee gives a statement about that matter, or produces the
document, as the case may be, to the Department within that period in accordance
with the notice, the benefit recipient is taken, for the purposes of the social
security law, to have complied with the requirement set out in the
notice;
(c) if the notice requires the benefit recipient to inform the Department
of a matter within a specified period and the correspondence nominee does not
inform the Department of the matter within that period in accordance with the
notice, the benefit recipient is taken, for the purposes of the social security
law, to have failed to comply with the requirement set out in the
notice;
(d) if the notice requires the benefit recipient to give a statement about
a matter, or produce a document, to the Department within a specified period and
the correspondence nominee does not give a statement about that matter, or
produce the document, as the case may be, to the Department within that period
in accordance with the notice, the benefit recipient is taken, for the purposes
of the social security law, to have failed to comply with the requirement set
out in the notice.
(1) The Secretary may give a nominee of a benefit recipient a notice that
requires the nominee to inform the Department if:
(a) either:
(i) an event or change of circumstances occurs; or
(ii) the nominee becomes aware that an event or change of circumstances is
likely to occur; and
(b) the event or change of circumstances is likely to affect:
(i) the ability of the nominee to act as the payment nominee or
correspondence nominee of the benefit recipient, as the case may be;
or
(ii) the ability of the Secretary to give notices to the nominee under
this Act; or
(iii) the ability of the nominee to comply with notices given to the
nominee by the Secretary under this Act.
(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 information to the
Department; and
(d) must specify the period within which the nominee is to give the
information to the Department.
(3) A notice under subsection (1) is not ineffective merely because
it fails to comply with paragraph (2)(c).
(4) Subject to subsection (5), the period specified under
paragraph (2)(d) must not end earlier than 14 days after:
(a) the day on which the event or change of circumstances occurs;
or
(b) the day on which the nominee becomes aware that the event or change of
circumstances is likely to occur.
(5) If a notice requires the nominee to inform the Department of any
proposal by the nominee to leave Australia, subsection (4) does not apply
to that requirement.
(6) 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.
(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.
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.
(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.
(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.
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.
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.
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.
(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.
10 After subsection 208(3)
Insert:
(3A) In spite of any other provision of this Part, the Secretary may
disclose information of a kind referred to in paragraph (a) or (b) of the
definition of protected information in subsection 23(1) of the
1991 Act to a person who is the payment nominee or correspondence nominee,
within the meaning of Part 3A, of the person to whom the information
relates (the principal) as if the nominee were the
principal.
11 Continuation of existing payment
directions
(1) In this item:
Administration Act means the Social Security
(Administration) Act 1999.
payment recipient means the person to whose relevant payment
a pre-existing direction related.
pre-existing direction means:
(a) a direction in force, under subsection 44(3) of the Administration
Act; or
(b) a direction given by virtue of paragraph 45(2)(b) of that Act and in
force; or
(c) a direction in force under subsection 47(5) of that Act;
immediately before the commencement of this Schedule.
relevant payment has the same meaning as in Part 3A of
the Administration Act, as amended by this Schedule.
representative means the person specified in a pre-existing
direction as the person to whom the relevant payment, or part of the relevant
payment, to which the direction related was to be paid.
(2) On and after the commencement of this Schedule, a pre-existing
direction continues in force as if:
(a) the representative had consented in writing to appointment under
section 123B of the Administration Act, as amended by this Schedule, as the
payment nominee of the payment recipient; and
(b) as if the direction were:
(i) an appointment under section 123B of the Administration Act, as
amended by this Schedule, of the representative as the payment nominee of the
payment recipient; and
(ii) a direction under that section that the whole, or the same part, as
the case may be, of the relevant payment be paid to the payment nominee of the
payment recipient.
A New Tax System (Family
Assistance) (Administration) Act 1999
1 Subsection 23(4)
Repeal the subsection.
2 Subsection 23(6)
Repeal the subsection, substitute:
(6) This section is subject to Part 4, Division 3 of
Part 8B and sections 225 and 226.
3 Subsection 24(2)
Repeal the subsection.
4 Subsection 24(4)
Repeal the subsection, substitute:
(4) This section is subject to Part 4, Division 3 of
Part 8B and sections 225 and 226.
5 Section 35
Repeal the section, substitute:
(1) If an individual is entitled to be paid a family tax benefit advance,
the Secretary must, at such time and in such manner as the Secretary considers
appropriate, pay the individual the advance.
(2) This section is subject to Part 4, Division 3 of
Part 8B and sections 225 and 226.
6 Subsection 47(1)
Omit “Subject to this section, if”, substitute
“If”.
7 Subsections 47(2) and (4)
Repeal the subsections, substitute:
(2) This section is subject to Part 4, Division 3 of
Part 8B and sections 225 and 226.
8 Subsection 56(2)
Repeal the subsection.
9 Subsection 56(4)
Repeal the subsection, substitute:
(4) This section is subject to Part 4 and to Division 3 of
Part 8B.
10 Subsection 56A(2)
Repeal the subsection.
11 Subsection 56A(4)
Repeal the subsection, substitute:
(4) This section is subject to Part 4 and to Division 3 of
Part 8B.
12 After Part 8A
Insert:
In this Part:
correspondence nominee means a person who, by virtue of an
appointment in force under section 219TC, is the correspondence nominee of
another person.
nominee means a correspondence nominee or a payment
nominee.
payment nominee means a person who, by virtue of an
appointment in force under section 219TB, is the payment nominee of another
person.
principal, in relation to a nominee, means the person in
relation to whom the nominee was appointed.
relevant benefit means:
(a) family tax benefit by instalment; or
(b) family tax benefit for a past period; or
(c) family tax benefit by single payment/in substitution because of the
death of another individual; or
(d) maternity allowance; or
(e) maternity immunisation allowance; or
(f) child care benefit by fee reduction; or
(g) child care benefit for a past period; or
(h) child care benefit by single payment/in substitution.
Subject to section 219TD, the Secretary may, in writing:
(a) appoint a person (including a body corporate) to be the payment
nominee of another person for the purposes of the family assistance law;
and
(b) direct that the whole or a specified part of a specified relevant
benefit payable to the nominee’s principal be paid to the
nominee.
Subject to section 219TD, the Secretary may, in writing, appoint a
person (including a body corporate) to be the correspondence nominee of another
person for the purposes of the family assistance law.
(1) A person may be appointed as the payment nominee and the
correspondence nominee of the same person.
(2) The Secretary must not appoint a nominee for a person (the
proposed principal) under section 219TB or 219TC
except:
(a) with the written consent of the person to be appointed; and
(b) after taking into consideration the wishes (if any) of the proposed
principal regarding the making of such an appointment.
(3) The Secretary must cause a copy of an appointment under
section 219TB or 219TC to be given to:
(a) the nominee; and
(b) the principal.
(4) The Secretary must not appoint a payment nominee or correspondence
nominee for an approved child care service or for the operator of such a
service.
(1) If a person who is a nominee by virtue of an appointment under
section 219TB or 219TC informs the Secretary in writing that the person no
longer wishes to be a nominee under that appointment, the Secretary must, as
soon as practicable, cancel the appointment.
(2) If:
(a) the Secretary gives a person who is a nominee a notice under
section 219TJ; and
(b) the person informs the Department that:
(i) an event or change of circumstances has occurred or is likely to
occur; and
(ii) the event or change of circumstances is likely to have an effect
referred to in paragraph 219TJ(1)(b);
the Secretary may suspend or cancel the appointment by virtue of which the
person is a nominee.
(3) If:
(a) the Secretary gives a person who is a nominee a notice
under section 219TJ or 219TK; and
(b) the nominee does not comply with the requirement of the
notice;
the Secretary may suspend or cancel the appointment, or each appointment,
by virtue of which the person is a nominee.
(4) While an appointment is suspended, the appointment has no effect for
the purposes of the family assistance law.
(5) The Secretary may, at any time, cancel the suspension of an
appointment under subsection (2) or (3).
(6) The suspension or cancellation of an appointment, and the cancellation
of such a suspension, must be in writing.
(7) The cancellation of an appointment has effect on and from such day,
being later than the day of the cancellation, as is specified in the
cancellation.
(8) The Secretary must cause a copy of:
(a) a suspension of an appointment; or
(b) a cancellation of an appointment; or
(c) a cancellation of a suspension of an appointment;
to be given to:
(d) the nominee; and
(e) the principal.
(1) If:
(a) a person has a payment nominee; and
(b) the whole or a part of a relevant benefit is payable to the person;
and
(c) the Secretary has given a direction in relation to the relevant
benefit under section 219TB;
the relevant benefit is to be paid in accordance with the
direction.
(2) An amount paid to the payment nominee of a person:
(a) is paid to the payment nominee on behalf of the person; and
(b) is taken, for the purposes of the family assistance law (other than
this Part), to have been paid to the person and to have been so paid when it was
paid to the nominee.
(3) An amount that is to be paid to the payment nominee of a person must
be paid to the credit of a bank account nominated and maintained by the
nominee.
(4) The Secretary may direct that the whole or a part of an amount that is
to be paid to a payment nominee be paid to the payment nominee in a different
way from that provided for by subsection (3). If the Secretary gives such a
direction, an amount to which the direction relates is to be paid in accordance
with the direction.
(1) Subject to section 219TR and subsection (4), any act that
may be done by a person under, or for the purposes of, the family assistance law
(other than an act for the purposes of Division 2 or 3) may be done by the
person’s correspondence nominee.
(2) Without limiting subsection (1), an application or claim that may
be made under the family assistance law by a person may be made by the
person’s correspondence nominee on behalf of the person, and an
application or claim so made is taken to be made by the person.
(3) An act done by a person’s correspondence nominee under this
section has effect, for the purposes of the family assistance law (other than
this Part), as if it had been done by the person.
(4) If, under a provision of the family assistance law, the Secretary
gives a notice to a person who has a correspondence nominee, subsection (1)
does not extend to an act that is required by the notice to be done by the
person.
(1) Any notice that the Secretary is authorised or required by the family
assistance law to give to a person may be given by the Secretary to the
person’s correspondence nominee.
(2) The notice:
(a) must, in every respect, be in the same form, and in the same terms, as
if it were being given to the person; and
(b) may be given to the correspondence nominee personally or by post or in
any other manner approved by the Secretary.
(3) If:
(a) under subsection (1), the Secretary gives a notice (the
nominee notice) to a person’s correspondence nominee;
and
(b) the Secretary afterwards gives the person a notice that:
(i) is expressed to be given under the same provision of the family
assistance law as the nominee notice; and
(ii) makes the same requirement of the person as the nominee
notice;
section 219TI ceases to have effect in relation to the nominee
notice.
(4) If:
(a) under subsection (1), the Secretary gives a notice (the
nominee notice) to a person’s correspondence nominee;
and
(b) the Secretary has already given to the person a notice that:
(i) is expressed to be given under the same provision of the family
assistance law as the nominee notice; and
(ii) makes the same requirement of the person as the nominee
notice;
section 219TI does not have effect in relation to the nominee
notice.
(1) In this section:
requirement means a requirement, made by the Secretary under
this Act, to:
(a) inform the Secretary of a matter; or
(b) give information, or produce a document, to an officer; or
(c) give a statement to the Secretary.
(2) If, under section 219TH, a notice making a requirement of a
person is given to the person’s correspondence nominee, the following
paragraphs have effect:
(a) for the purposes of the family assistance law, other than this Part,
the notice is taken:
(i) to have been given to the person; and
(ii) to have been so given on the day on which the notice was given to the
correspondence nominee;
(b) any requirement made of the person may be satisfied by the
correspondence nominee;
(c) any act done by the correspondence nominee for the purpose of
satisfying a requirement of the notice has effect, for the purposes of the
family assistance law (other than Division 3 of Part 6 of this Act),
as if it had been done by the person;
(d) if the correspondence nominee fails to satisfy a requirement of the
notice, the person is taken, for the purposes of the family assistance law, to
have failed to comply with the requirement.
(3) In order to avoid doubt, it is declared as follows:
(a) if the requirement imposes an obligation on the person to inform the
Secretary of a matter, or give the Secretary a statement, within a specified
period and the correspondence nominee informs the Secretary of the matter, or
gives the Secretary the statement, as the case may be, within that period, the
person is taken, for the purposes of the family assistance law, to have complied
with the requirement set out in the notice;
(b) if the requirement imposes an obligation on the person to give
information, or produce a document, to an officer within a specified period and
the correspondence nominee gives the information, or produces the document, as
the case may be, to the officer within that period, the person is taken, for the
purposes of the family assistance law, to have complied with the requirement set
out in the notice;
(c) if the requirement imposes on the person an obligation to inform the
Secretary of a matter, or give the Secretary a statement, within a specified
period and the correspondence nominee does not inform the Secretary of the
matter, or give the Secretary the statement, as the case may be, within that
period, the person is taken, for the purposes of the family assistance law, to
have failed to comply with the requirement set out in the notice;
(d) if the requirement imposes an obligation on the person to give
information, or produce a document, to an officer within a specified period and
the correspondence nominee does not give the information, or produce the
document, as the case may be, to the officer within that period, the person is
taken, for the purposes of the family assistance law, to have failed to comply
with the requirement set out in the notice.
(1) The Secretary may give a nominee of a person a notice that requires
the nominee to inform the Department if:
(a) either:
(i) an event or change of circumstances occurs; or
(ii) the nominee becomes aware that an event or change of circumstances is
likely to occur; and
(b) the event or change of circumstances is likely to affect:
(i) the ability of the nominee to act as the payment nominee or
correspondence nominee of the person, as the case may be; or
(ii) the ability of the Secretary to give notices to the nominee under
this Act; or
(iii) the ability of the nominee to comply with notices given to the
nominee by the Secretary under this Act.
(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 information to the
Department; and
(d) must specify the period within which the nominee is to give the
information to the Department.
(3) A notice under subsection (1) is not ineffective merely because
it fails to comply with paragraph (2)(c).
(4) Subject to subsection (5), the period specified under
paragraph (2)(d) must not end earlier than 14 days after:
(a) the day on which the event or change of circumstances occurs;
or
(b) the day on which the nominee becomes aware that the event or change of
circumstances is likely to occur.
(5) If a notice requires the nominee to inform the Department of any
proposal by the nominee to leave Australia, subsection (4) does not apply
to that requirement.
(6) 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.
(1) The Secretary may give the payment nominee of a person a notice
that requires the nominee to give the Department a statement about a matter
relating to the disposal by the nominee of an amount paid to the nominee on
behalf of the person.
(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.
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.
(1) A nominee of a person is not subject to any criminal liability under
the family assistance law in respect of:
(a) any act or omission of the person; 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 219TK.
(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.
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.
Nothing in this Part is intended in any way to limit or affect the
Secretary’s powers under other provisions of the family assistance law to
give notices to, or make requirements of, a person who has a nominee.
If, under a provision of the family assistance 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.
(1) If:
(a) under a provision of the family assistance 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 person’s correspondence nominee is a body corporate, the
last reference in subsection (1) to the correspondence nominee is to be
read as a reference to an officer or employee of the correspondence
nominee.
13 At the end of
section 168
Add:
(4) In spite of any other provision of this Part, the Secretary may
disclose information of a kind referred to in paragraph (a) or (b) of the
definition of protected information in subsection 3(1) to a person
who is the payment nominee or correspondence nominee, within the meaning of
Part 8B, of the person to whom the information relates (the
principal) as if the nominee were the principal.
14 Continuation of existing payment
arrangements
(1) In this item:
Administration Act means the A New Tax System (Family
Assistance) (Administration) Act 1999.
benefit recipient means the person to whom a relevant benefit
is payable.
payment recipient means a person to whom, immediately before
the commencement of this Schedule, the whole or part of a relevant benefit was
being paid under a relevant provision.
relevant benefit has the same meaning as in Part 8B of
the Administration Act, as amended by this Schedule.
relevant provision means subsection 23(4), 24(2), 47(2),
56(2) or 56A(2) of the Administration Act, as in force immediately before the
commencement of this Schedule.
(2) If, immediately before the commencement of this Schedule, the whole or
part of a relevant benefit was being paid, under a relevant provision, to a
person other than the benefit recipient, the following paragraphs have
effect:
(a) the payment recipient is taken, for the purposes of the Administration
Act, as amended by this Schedule, to have consented in writing to appointment
under section 219TB of that Act as the payment nominee of the benefit
recipient;
(b) the payment recipient is taken, for the purposes of the Administration
Act, as amended by this Schedule, to have been appointed, on the day of
commencement of this Schedule, under section 219TB of that Act as the
payment nominee of the benefit recipient;
(c) if, immediately before the commencement of this Schedule, the whole of
the relevant benefit was being paid to the payment recipient, the Secretary is
taken, for the purposes of the Administration Act, as amended by this Schedule,
to have given, on the day of commencement of this Schedule, a direction under
section 219TB of that Act that the whole of the relevant benefit be paid to
the payment nominee of the benefit recipient;
(d) if, immediately before the commencement of this Schedule, part of the
relevant benefit was being paid to the payment recipient, the Secretary is
taken, for the purposes of the Administration Act, as amended by this Schedule,
to have given, on the day of commencement of this Schedule, a direction under
section 219TB of that Act that the same part of the relevant benefit be
paid to the payment nominee of the benefit recipient.
1 Subsection 197(1) (definition of profoundly
disabled child)
After “subsection (2)”, insert “or
(2A)”.
2 Subparagraph
197(2)(c)(vi)
After “certified”, insert “in writing”.
3 After subsection 197(2)
Insert:
(2A) A child is a profoundly disabled child if a medical practitioner has
certified in writing that:
(a) the child:
(i) has a terminal condition; and
(ii) is in the advanced phase of that condition; and
(b) either:
(i) the child has a life expectancy measured in weeks or months;
or
(ii) it is possible that the child will live for more than 12 months but
unlikely that he or she will live for a period substantially greater than 12
months; and
(c) because of the condition referred to in paragraph (a), the child
will need continuous personal care for the remainder of his or her
life.