Commonwealth Consolidated Acts Commonwealth Consolidated ActsA New Tax System (Family Assistance) Act 1999
1 Subsection 3(1)
Insert:
"Attorney-General's Secretary" means the Secretary of the Department administered by the Minister administering the Australian Security Intelligence Organisation Act 1979 .
"Foreign Affairs Minister" means the Minister administering the Australian Passports Act 2005 .
"Human Services Secretary" means the Secretary of the Department administered by the Minister administering the Human Services (Centrelink) Act 1997 .
"Immigration Minister" means the Minister administering the Migration Act 1958 .
"security notice" means a notice under section 57GJ.
2 At the end of Part 3
Add:
Division 7 -- Loss of family assistance for individuals on security grounds
57GH Simplified outline of this Division
Individuals who might prejudice the security of Australia or a foreign country may lose family assistance.
57GI Loss of family assistance for individuals on security grounds
Security notice for recipient of family assistance
(1) If a security notice is given to the Minister in relation to an individual, then while the notice is in force:
(a) no family assistance is to be paid to the individual; and
(b) the individual is not eligible for family assistance.
Note 1: A security notice is a notice under section 57GJ.
Note 2: This Division does not apply in relation to child care benefit or child care rebate: see section 57GQ.
(2) If a security notice is given to the Minister in relation to an individual, then any determination that the individual is entitled to be paid family assistance, that is in force immediately before the day the notice comes into force, ceases to be in force on that day.
(3) If a security notice given to the Minister in relation to an individual ceases to be in force, then the individual is not eligible for family assistance for any day while the notice was in force.
(4) However, if:
(a) a security notice given to the Minister in relation to an individual recommends that payments of family assistance of the individual be paid to a payment nominee of the individual under Part 8B of the Family Assistance Administration Act; and
(b) apart from subsections ( 1) to (3), the individual would be eligible for the whole or a part of that family assistance;
then that whole or part may be paid to a payment nominee of the individual under that Part.
(5) For the purposes of subsection ( 4), paragraph 219TD(2)(b) of the Family Assistance Administration Act does not apply.
(6) For the purposes of subsection ( 4), section 219TN of the Family Assistance Administration Act does not apply. Instead, any amount paid to a payment nominee of the individual is to be applied by the nominee in accordance with a written direction given by the Secretary under this subsection.
Security notice for individual in respect of whom family assistance payable
(7) If:
(a) a security notice is given to the Minister in relation to an individual; and
(b) the individual is aged 19 or less on the day the notice is given;
then, for any day while the notice is or was in force, the individual cannot be an FTB child of another individual, cannot be a regular care child of another individual and cannot be a client of an approved care organisation.
Relationship with other provisions
(8) Subsections ( 1) to (7) have effect despite any other provision of the family assistance law.
Notification to individual
(9) If a determination in relation to an individual ceases to be in force because of subsection ( 2), the Secretary must cause reasonable steps to be taken to notify the individual of the cessation.
57GJ Security notice from Attorney - General
(1) The Attorney - General may give the Minister a written notice requiring that this Division apply in relation to a specified individual if:
(a) the Foreign Affairs Minister gives the Attorney - General a notice under section 57GK in relation to the individual; or
(b) the Immigration Minister gives the Attorney - General a notice under section 57GL in relation to the individual.
(2) A notice under this section may recommend that payments of family assistance of the individual, to the extent set out in the notice, be paid to a payment nominee of the individual under Part 8B of the Family Assistance Administration Act.
(3) Before giving a notice under this section, the Attorney - General must have regard to the following:
(a) the extent (if any) that any payments of family assistance of the individual are being, or may be, used for a purpose that might prejudice the security of Australia or a foreign country, if the Attorney - General is aware of that extent;
(b) the likely effect of the operation of section 57GI on the individual's dependants, if the Attorney - General is aware of those dependants.
(4) The Attorney - General's Secretary must:
(a) seek the advice of the Human Services Secretary in relation to paragraph ( 3)(b); and
(b) inform the Attorney - General of that advice.
(5) Subsection ( 3) does not limit the matters to which regard may be had.
57GK Notice from Foreign Affairs Minister
If:
(a) either:
(i) under subsection 14(2) of the Australian Passports Act 2005 , the Foreign Affairs Minister refuses to issue an individual an Australian passport; or
(ii) under section 22 of that Act, the Foreign Affairs Minister cancels an individual's Australian passport; and
(b) the refusal or cancellation was because of a refusal/cancellation request made in relation to the individual under subsection 14(1) of that Act; and
(c) the request was made on the basis of the circumstance mentioned in subparagraph 14(1)(a)(i) of that Act;
the Foreign Affairs Minister may give the Attorney - General a written notice setting out those matters.
57GL Notice from Immigration Minister
If:
(a) the Immigration Minister cancels an individual's visa under section 116 or 128 of the Migration Act 1958 because of an assessment by the Australian Security Intelligence Organisation that the individual is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979 ); or
(b) the Immigration Minister cancels an individual's visa under section 134B of the Migration Act 1958 (emergency cancellation on security grounds) and decides not to revoke that cancellation under subsection 134C(3) of that Act; or
(c) the Immigration Minister cancels an individual's visa under section 501 of the Migration Act 1958 and there is an assessment by the Australian Security Intelligence Organisation that the individual is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979 );
the Immigration Minister may give the Attorney - General a written notice setting out those matters.
57GM Copy of security notice to be given to Secretaries
The Minister must give a copy of a security notice to:
(a) the Secretary of the Department; and
(b) the Secretary of the Human Services Department.
57GN Period security notice is in force
A security notice comes into force on the day it is given to the Minister, and remains in force until it is revoked.
57GNA Annual review of security notice
Before the end of the following periods, the Attorney - General must consider whether to revoke a security notice (if it has not already been revoked):
(a) 12 months after it came into force;
(b) 12 months after the Attorney - General last considered whether to revoke it.
57GO Revoking a security notice
(1) The Attorney - General may, by written notice given to the Minister, revoke a security notice.
(2) The revocation takes effect on the day it is made.
(3) The Minister must give a copy of a notice under subsection ( 1) to:
(a) the Secretary of the Department; and
(b) the Secretary of the Human Services Department.
(4) If:
(a) a determination in relation to an individual ceases to be in force because of subsection 57GI(2); and
(b) the Attorney - General revokes the security notice concerned;
the Secretary of the Department must cause reasonable steps to be taken to notify the individual of the revocation.
57GP Notices may contain personal information
A notice under this Division in relation to an individual may contain personal information about the individual.
57GQ This Division does not apply to child care benefit or child care rebate
This Division does not apply in relation to child care benefit or child care rebate.
57GR Certain decisions not decisions of officers
For the purposes of Part 5 of the Family Assistance Administration Act, the following decisions are taken not to be decisions of an officer under the family assistance law:
(a) any decision under this Division;
(b) any decision under Part 8B of that Act to pay, or not to pay, an amount of family assistance as mentioned in subsection 57GI(4) of this Act;
(c) any decision under Part 8B of that Act that is related to a decision mentioned in paragraph ( b).
57GS Instruments not legislative instruments
The following are not legislative instruments:
(a) a notice under this Division;
(b) a direction under subsection 57GI(6).
3 Section 6
Insert:
"Attorney-General's Secretary" means the Secretary of the Department administered by the Minister administering the Australian Security Intelligence Organisation Act 1979 .
"Foreign Affairs Minister" means the Minister administering the Australian Passports Act 2005 .
"Human Services Secretary" means the Secretary of the Department administered by the Minister administering the Human Services (Centrelink) Act 1997 .
"Immigration Minister" means the Minister administering the Migration Act 1958 .
"security notice" means a notice under section 278C.
4 At the end of Part 6 - 1
Add:
Division 5 -- Loss of parental leave pay or dad and partner pay for persons on security grounds
278A Simplified outline of this Division
Persons who might prejudice the security of Australia or a foreign country may lose parental leave pay or dad and partner pay.
278B Loss of parental leave pay or dad and partner pay for persons on security grounds
(1) If a security notice is given to the Minister in relation to a person, then while the notice is in force:
(a) no parental leave pay or dad and partner pay is to be paid to the person; and
(b) the person is not eligible for parental leave pay or dad and partner pay; and
(c) parental leave pay or dad and partner pay is not payable to the person.
Note: A security notice is a notice under section 278C.
(2) If:
(a) a security notice is given to the Minister in relation to a person; and
(b) a payability determination that parental leave pay or dad and partner pay is payable to the person is in force at the end of the day (the relevant day ) before the day the notice is given; and
(c) the day the notice is given is in the person's PPL period, or DAPP period, that is specified in that determination;
then that determination is taken to be varied so that the person's PPL period or DAPP period, as the case requires, ends at the end of the relevant day.
(3) If a security notice given to the Minister in relation to a person ceases to be in force, then for any day while the notice was in force:
(a) the person is not eligible for parental leave pay or dad and partner pay; and
(b) parental leave pay or dad and partner pay is not payable to the person.
(4) Subsections ( 1) to (3) have effect despite any other provision of this Act.
(5) If a payability determination for a person is varied by subsection ( 2), the Secretary must cause reasonable steps to be taken to notify the person of the variation.
278C Security notice from Attorney - General
(1) The Attorney - General may give the Minister a written notice requiring that this Division apply in relation to a specified person if:
(a) the Foreign Affairs Minister gives the Attorney - General a notice under section 278D in relation to the person; or
(b) the Immigration Minister gives the Attorney - General a notice under section 278E in relation to the person.
(2) Before giving a notice under this section, the Attorney - General must have regard to the following:
(a) the extent (if any) that any payments of parental leave pay or dad and partner pay of the person are being, or may be, used for a purpose that might prejudice the security of Australia or a foreign country, if the Attorney - General is aware of that extent;
(b) the likely effect of the operation of section 278B on the person's dependants, if the Attorney - General is aware of those dependants.
(3) The Attorney - General's Secretary must:
(a) seek the advice of the Human Services Secretary in relation to paragraph ( 2)(b); and
(b) inform the Attorney - General of that advice.
(4) Subsection ( 2) does not limit the matters to which regard may be had.
278D Notice from Foreign Affairs Minister
If:
(a) either:
(i) under subsection 14(2) of the Australian Passports Act 2005 , the Foreign Affairs Minister refuses to issue a person an Australian passport; or
(ii) under section 22 of that Act, the Foreign Affairs Minister cancels a person's Australian passport; and
(b) the refusal or cancellation was because of a refusal/cancellation request made in relation to the person under subsection 14(1) of that Act; and
(c) the request was made on the basis of the circumstance mentioned in subparagraph 14(1)(a)(i) of that Act;
the Foreign Affairs Minister may give the Attorney - General a written notice setting out those matters.
278E Notice from Immigration Minister
If:
(a) the Immigration Minister cancels a person's visa under section 116 or 128 of the Migration Act 1958 because of an assessment by the Australian Security Intelligence Organisation that the person is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979 ); or
(b) the Immigration Minister cancels a person's visa under section 134B of the Migration Act 1958 (emergency cancellation on security grounds) and decides not to revoke that cancellation under subsection 134C(3) of that Act; or
(c) the Immigration Minister cancels a person's visa under section 501 of the Migration Act 1958 and there is an assessment by the Australian Security Intelligence Organisation that the person is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979 );
the Immigration Minister may give the Attorney - General a written notice setting out those matters.
278F Copy of security notice to be given to Secretaries
The Minister must give a copy of a security notice to:
(a) the Secretary of the Department; and
(b) the Secretary of the Human Services Department.
278G Period security notice is in force
A security notice comes into force on the day it is given to the Minister, and remains in force until it is revoked.
278GA Annual review of security notice
Before the end of the following periods, the Attorney - General must consider whether to revoke a security notice (if it has not already been revoked):
(a) 12 months after it came into force;
(b) 12 months after the Attorney - General last considered whether to revoke it.
278H Revoking a security notice
(1) The Attorney - General may, by written notice given to the Minister, revoke a security notice.
(2) The revocation takes effect on the day it is made.
(3) The Minister must give a copy of a notice under subsection ( 1) to:
(a) the Secretary of the Department; and
(b) the Secretary of the Human Services Department.
(4) If:
(a) a payability determination for a person is varied by subsection 278B(2); and
(b) the Attorney - General revokes the security notice concerned;
the Secretary of the Department must cause reasonable steps to be taken to notify the person of the revocation.
278J Notices may contain personal information
A notice under this Division in relation to a person may contain personal information (within the meaning of the Privacy Act 1988 ) about the person.
278K Decisions under Division not decisions of officers
For the purposes of Chapter 5, a decision under this Division is taken not to be a decision of an officer under this Act.
278L Notices not legislative instruments
A notice under this Division is not a legislative instrument.
5 Subsection 23(1)
Insert:
"Attorney-General's Secretary" means the Secretary of the Department administered by the Minister administering the Australian Security Intelligence Organisation Act 1979 .
"Foreign Affairs Minister" means the Minister administering the Australian Passports Act 2005 .
"Human Services Secretary" means the Secretary of the Department administered by the Minister administering the Human Services (Centrelink) Act 1997 .
"Immigration Minister" means the Minister administering the Migration Act 1958 .
"security notice" means a notice under section 38N.
6 After Part 1.3A of Chapter 1
Insert:
Part 1.3B -- Loss of social security payments and concessions for persons on security grounds
38L Simplified outline of this Part
Persons who might prejudice the security of Australia or a foreign country may lose social security payments or concession cards.
38M Loss of social security payments and concessions for persons on security grounds
(1) If a security notice is given to the Minister in relation to a person, then while the notice is in force:
(a) no social security payment is to be paid to the person; and
(b) the person is not qualified for a social security payment; and
(c) a social security payment is not payable to the person; and
(d) the person is not qualified for a concession card.
Note: A security notice is a notice under section 38N.
(2) If a security notice is given to the Minister in relation to a person, then any social security payment of the person is cancelled on the day the notice comes into force.
(3) If a security notice is given to the Minister in relation to a person, then any concession card the person holds is cancelled on the day the notice comes into force.
(4) If a security notice given to the Minister in relation to a person ceases to be in force, then for any day while the notice was in force:
(a) the person is not qualified for a social security payment; and
(b) a social security payment is not payable to the person; and
(c) the person is not qualified for a concession card.
(5) Subsections ( 1) to (4) have effect despite any other provision of the social security law.
(6) If a person's social security payment is cancelled by subsection ( 2), or a person's concession card is cancelled by subsection ( 3), the Secretary must cause reasonable steps to be taken to notify the person of the cancellation.
38N Security notice from Attorney - General
(1) The Attorney - General may give the Minister a written notice requiring that this Part apply in relation to a specified person if:
(a) the Foreign Affairs Minister gives the Attorney - General a notice under section 38P in relation to the person; or
(b) the Immigration Minister gives the Attorney - General a notice under section 38Q in relation to the person.
(2) Before giving a notice under this section, the Attorney - General must have regard to the following:
(a) the extent (if any) that any social security payments of the person are being, or may be, used for a purpose that might prejudice the security of Australia or a foreign country, if the Attorney - General is aware of that extent;
(b) the likely effect of the operation of section 38M on the person's dependants, if the Attorney - General is aware of those dependants.
(3) The Attorney - General's Secretary must:
(a) seek the advice of the Human Services Secretary in relation to paragraph ( 2)(b); and
(b) inform the Attorney - General of that advice.
(4) Subsection ( 2) does not limit the matters to which regard may be had.
38P Notice from Foreign Affairs Minister
If:
(a) either:
(i) under subsection 14(2) of the Australian Passports Act 2005 , the Foreign Affairs Minister refuses to issue a person an Australian passport; or
(ii) under section 22 of that Act, the Foreign Affairs Minister cancels a person's Australian passport; and
(b) the refusal or cancellation was because of a refusal/cancellation request made in relation to the person under subsection 14(1) of that Act; and
(c) the request was made on the basis of the circumstance mentioned in subparagraph 14(1)(a)(i) of that Act;
the Foreign Affairs Minister may give the Attorney - General a written notice setting out those matters.
38Q Notice from Immigration Minister
If:
(a) the Immigration Minister cancels a person's visa under section 116 or 128 of the Migration Act 1958 because of an assessment by the Australian Security Intelligence Organisation that the person is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979 ); or
(b) the Immigration Minister cancels a person's visa under section 134B of the Migration Act 1958 (emergency cancellation on security grounds) and decides not to revoke that cancellation under subsection 134C(3) of that Act; or
(c) the Immigration Minister cancels a person's visa under section 501 of the Migration Act 1958 and there is an assessment by the Australian Security Intelligence Organisation that the person is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979 );
the Immigration Minister may give the Attorney - General a written notice setting out those matters.
38R Copy of security notice to be given to Secretaries
The Minister must give a copy of a security notice to:
(a) the Secretary of the Department; and
(b) the Secretary of the Human Services Department.
38S Period security notice is in force
A security notice comes into force on the day it is given to the Minister, and remains in force until it is revoked.
38SA Annual review of security notice
Before the end of the following periods, the Attorney - General must consider whether to revoke a security notice (if it has not already been revoked):
(a) 12 months after it came into force;
(b) 12 months after the Attorney - General last considered whether to revoke it.
38T Revoking a security notice
(1) The Attorney - General may, by written notice given to the Minister, revoke a security notice.
(2) The revocation takes effect on the day it is made.
(3) The Minister must give a copy of a notice under subsection ( 1) to:
(a) the Secretary of the Department; and
(b) the Secretary of the Human Services Department.
(4) If:
(a) a person's social security payment is cancelled by subsection 38M(2) or a person's concession card is cancelled by subsection 38M(3); and
(b) the Attorney - General revokes the security notice concerned;
the Secretary of the Department must cause reasonable steps to be taken to notify the person of the revocation.
38U Notices may contain personal information
A notice under this Part in relation to a person may contain personal information (within the meaning of the Privacy Act 1988 ) about the person.
38V Decisions under Part not decisions of officers
For the purposes of Part 4 of the Administration Act, a decision under this Part is taken not to be a decision of an officer under the social security law.
38W Notices not legislative instruments
A notice under this Part is not a legislative instrument.
Social Security (Administration) Act 1999
7 Before paragraph 123(1)(c)
Insert:
(ba) the payment is cancelled by section 38M of the 1991 Act; or
Part 3 -- Application provisions
9 Application provisions
Affected payments and concessions
(1) Section 57GI of the A New Tax System (Family Assistance) Act 1999 , as inserted by this Act, applies in relation to family assistance of an individual, whether the individual became eligible for that assistance before, on or after the commencement of this item.
(2) Section 278B of the Paid Parental Leave Act 2010 , as inserted by this Act, applies in relation to parental leave pay or dad and partner pay of a person, whether the person became eligible for that pay before, on or after the commencement of this item.
(3) Section 38M of the Social Security Act 1991 , as inserted by this Act, applies in relation to the following:
(a) a social security payment of a person, whether the person qualified for that payment before, on or after the commencement of this item;
(b) a concession card of a person, whether that card was issued before, on or after the commencement of this item.
Ministerial notices
(4) Paragraph 57GK(a) of the A New Tax System (Family Assistance) Act 1999 , paragraph 278D(a) of the Paid Parental Leave Act 2010 and paragraph 38P(a) of the Social Security Act 1991 , as inserted by this Act, apply in relation to the refusal to issue, or the cancellation of, a passport before, on or after the commencement of this item.
(5) Paragraphs 57GL(a) and (c) of the A New Tax System (Family Assistance) Act 1999 , paragraphs 278E(a) and (c) of the Paid Parental Leave Act 2010 and paragraphs 38Q(a) and (c) of the Social Security Act 1991 , as inserted by this Act, apply in relation to the cancellation of a visa, or an assessment made, before, on or after the commencement of this item.