SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 123ZG Misuse of vouchers and stored value cards

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 123ZG

Scope

  (1)   This section applies if:

  (a)   a person (the first person ) is subject to the income management regime; and

  (b)   either:

  (i)   the Secretary has given the first person or another person a voucher under subsection   123YC(2) or 123YD(2); or

  (ii)   the Secretary has given the first person or another person a stored value card under subsection   123YE(2), 123YF(2), 123YM(2), 123YN(2), 123YO(2) or 123YP(2); and

  (c)   the Secretary's action resulted in the first person's income management account being debited; and

  (d)   a person (the unauthorised person ) other than the person to whom the voucher or stored value card was given:

  (i)   obtains possession of the voucher or stored value card from the person to whom the voucher or stored value card was given; and

  (ii)   uses the voucher or stored value card to acquire goods or services or to obtain cash; and

  (e)   the unauthorised person does so without the consent of the person to whom the voucher or stored value card was given.

Recovery

  (2)   In the case of the use of a voucher, an amount equal to the face value of the voucher is a debt due by the unauthorised person to the Commonwealth.

Note:   For debt recovery, see Chapter   5 of the 1991 Act.

  (3)   In the case of the use of a stored value card, an amount equal to the monetary value involved in the use is a debt due by the unauthorised person to the Commonwealth.

Note:   For debt recovery, see Chapter   5 of the 1991 Act.

Crediting of amounts

  (4)   In the case of the use of a voucher, the Secretary may determine, in writing, that the first person's income management account is to be credited by an amount equal to the face value of the voucher.

  (5)   If the Secretary makes a determination under subsection   (4), then an amount equal to the face value of the voucher is:

  (a)   credited to the Income Management Record; and

  (b)   credited to the first person's income management account.

  (6)   In the case of the use of a stored value card, the Secretary may determine, in writing, that the first person's income management account is to be credited by an amount equal to the monetary value involved in the use.

  (7)   If the Secretary makes a determination under subsection   (6), then an amount equal to the monetary value involved in the use is:

  (a)   credited to the Income Management Record; and

  (b)   credited to the first person's income management account.