The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 12:00, read prayers and made an acknowledgement of country.
That government business notice of motion no. 1 be called on immediately.
That the question now be put.
The Senate divided. [12:08]
(The President—Senator Lines)
The Senate divided. [12:12]
(The President—Senator Lines)
That—
(a) on Tuesday, 27 September 2022:
(i) if consideration of the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Bill 2022 has not concluded by 7.20 pm, the routine of business be consideration of the bill only, and
(ii) the Senate adjourn without debate after consideration of the bill has concluded, or on the motion of a minister, whichever is the earlier; and
(b) on Wednesday, 28 September 2022, the Restoring Territory Rights Bill 2022 have precedence over government business between 11.15 am and 12.15 pm.
That—
(1) On Tuesday, 27 September 2022—
(a) if consideration of the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Bill 2022 has not concluded by 7.20pm, the routine of business be consideration of the bill only;
(b) divisions may take place after 7.20pm, for the purposes of the bill only; and
(c) the Senate adjourn without debate after consideration of the bill has concluded, or at 10pm, whichever is earlier; and
(2) On Wednesday, 28 September 2022—
(a) at 9.30am, consideration of the Restoring Territory Rights Bill 2022 for one hour;
(b) from 10.30am, consideration of the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Bill 2022 have precedence over all other business until 2pm;
(c) at 2pm, questions;
(d) following questions, the Senate return to its routine of business;
(e) if consideration of the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Bill 2022 has not concluded by 7.20pm, the routine of business be consideration of the bill only;
(f) divisions may take place between 12.15pm and 2pm, and after 7.20pm, for the purposes of the bill in paragraph (b) only; and
(g) the Senate adjourn without debate after consideration of the bill has concluded, or at 10pm, whichever is earlier;
(3) If by adjournment on Wednesday 28 September 2022 the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Bill 2022 has not been finally considered:
(a) the Senate meet on Thursday, 29 September 2022
(b) the hours of meeting for Thursday, 29 September 2022 be from 9am to adjournment; and
(c) the routine of business shall be consideration of the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Bill 2022 only:
(d) the Senate shall adjourn without debate after it has finally considered the bill listed above, or a motion for the adjournment is moved by a minister, whichever is the earlier.
That the question be now put.
The Senate divided. [12:23]
(The President—Senator Lines)
The Senate divided. [12:31]
(The President—Senator Lines)
Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Bill 2022
They didn't consult with anyone in Hinkler before they did it; they just put everyone on it and said, 'This is the way it will be.' Then you add to that a local member, Keith Pitt, the member for Hinkler, who wouldn't meet with constituents who raised issues about this card, who had problems with this card. So there was no consultation before they did it …
Our verdict: False. There is no evidence the government intends to put all age pensioners on cashless welfare cards, a measure not permitted under existing legislation.
Multiple Labor politicians have claimed the Morrison government wants to put all age pensioners onto cashless welfare cards that would allow the government to control the way they spend their money.
There is no evidence to support the claims.
Let me make it crystal clear—the Morrison Government will not force age pensioners onto the Cashless Debit Card. We were never going to, and never will.
80% of your pension payment would be put on the privatised cashless card. It's not like an ordinary bank debit card—it can only be used at shops that are approved by the government.
They can limit and control where, when and how you spend your own money.
Imagine not being able to pay cash to buy cheap food at the local market, or a meal or a beer at the RSL.
I'm proud to be leading the fight in Tasmania to scrap the Morrison Liberal-Nationals Government's plan to expand the cashless welfare card to all Australian pensioners.
Unfortunately, we know from the facts that the Liberals and Nationals want to expand the cashless welfare card to include all pensioners. This means that 80% of your pension will be put on a card and the government can then control where you spend your own pension.
The decision to abolish the CDC has been made without any consultation with the regional community and the City of Kalgoorlie-Boulder remains unconsulted on how the transition will impact CDC participants, social services providers, government agencies, and the community.
We've had no consultation about it at all. The first we heard of it was in the PM's election promises, that he was going to do it. Prior to that, we had had no representation from any Labor politicians.
We are concerned the decision to abolish the CDC is being rushed through the Parliament without appropriate or meaningful community consultation. The removal of the CDC has the potential to exacerbate vulnerability, and this must be avoided at all costs.
… in the period between 29 March and 10 May 2022, the largest decrease seen in average daily regular unleaded petrol prices was:
… industry estimates that there'll be more than 700 million litres of lower excise fuel in the system when the fuel excise is reintroduced… And so the ACCC and the Government expect that the price of petrol shouldn't shoot up at the bowser on Wednesday night by the full 23 cents if the normal market pressures are in operation.
That general business notice of motion No. 43 be called on immediately and have precedence over all other business until determined.
That the Senate—
(a) condemns all racism and discrimination against migrants and people of colour;
(b) assures all migrants to Australia that they are valued, welcome members of our society;
(c) affirms that, if Parliament is to be a safe place for all who work and visit here, there can be no tolerance for racism or discrimination in the course of parliamentarians' public debate; and
(d) censures Senator Hanson for her divisive, anti-migrant and racist statement telling Senator Faruqi to 'piss off back to Pakistan', which does not reflect the opinions of the Australian Senate or the Australian people.
Paragraph (a), omit "all racism and discrimination against migrants and people of colour", substitute "racism and discrimination in all its forms";
Paragraph (d), omit the paragraph, substitute "calls on all senators to engage in debates and commentary respectfully, and to refrain from inflammatory and divisive comments, both inside and outside the chamber at all times".
… workplaces where expected standards of behaviour are modelled, championed and enforced … and in which any Australian, no matter their gender, race, sexual orientation, disability status or age, feels safe and welcome to contribute.
This aim is an important one, because it is only by reflecting the whole of Australian society, and living up to community expectations, that Parliament can perform its function in a representative democracy …
… that we abhor racism and religious intolerance, and that we acknowledge and celebrate diversity and the harmony of the Australian people. We stated our respect for people from all faiths, cultures, ethnicities and nationalities—a respect that has made our country one of the world's most successful migrant nations and multicultural societies—and we reaffirmed our commitment as Australians to peace over violence, innocence over evil, understanding over extremism, liberty over fear and love over hate.
Condolences to those who knew the Queen.
I cannot mourn the leader of a racist empire built on stolen lives, land and wealth of colonised peoples.
We are reminded of the urgency of Treaty with First Nations, justice & reparations for British colonies & becoming a republic.
That the question be put.
That the Senate take note of the answer given by the Minister for Finance (Senator Gallagher) to a question without notice asked by Senator Cash today relating to taxation.
That the Senate take note of the answer given by the Minister for Foreign Affairs (Senator Wong) to a question without notice I asked today.
That, in accordance with the provisions of the Public Works Committee Act 1969 , the following proposed work be referred to the Parliamentary Standing Committee on Public Works for consideration and report as expeditiously as is practicable:
Australian Broadcasting Corporation—Proposed fit-out of Parramatta and Ultimo offices.
That, in accordance with the provisions of the Public Works Committee Act 1969 , the following proposed work be referred to the Parliamentary Standing Committee on Public Works for consideration and report as expeditiously as is practicable:
Department of Defence—Robertson Barracks base improvements.
That, in accordance with the provisions of the Public Works Committee Act 1969 , the following proposed work be referred to the Parliamentary Standing Committee on Public Works for consideration and report as expeditiously as is practicable:
Department of Defence—HMAS Harman redevelopment project.
That there be laid on the table by the Minister representing the Minister for Home Affairs, by no later than midday on Wednesday, 28 September 2022:
(a) the letters from TikTok's Director of Public Policy, Australia and New Zealand, Mr Brent Thomas, addressed to the Minister for Home Affairs, dated 6 June and 21 July 2022; and
(b) the response letter from the Department of Home Affairs addressed to TikTok's Director of Public Policy, Australia and New Zealand, Mr Brent Thomas, dated 17 August 2022.
That there be laid on the table by the Minister representing the Minister for the Environment and Water, Senator Wong, by no later than 10 am on Friday, 7 October 2022, any briefing notes, file notes, emails and reports since 1 July 2017 regarding the:
(a) 'Barmah-Millewa Feasibility Study';
(b) terms of reference and membership of the 'Modernising Murray River Systems' independent technical assessment of infrastructure in the southern Murray-Darling Basin; and
(c) feasibility study for the 'River Murray bank stabilisation works'.
That there be laid on the table by the Minister representing the Treasurer, by no later than midday on Friday, 7 October 2022:
(a) any briefing notes, file notes and emails provided by the Department of the Treasury to the Treasurer and/or his office, or to the Assistant Minister for Competition, Charities and Treasury and/or his office since 30 May 2022 in relation to changes and/or potential changes to the effigy of the Sovereign on Australian legal tender;
(b) any briefing notes, file notes and emails between the Department of the Treasury and the Department of the Prime Minister and Cabinet since 30 May 2022 in relation to changes and/or potential changes to the effigy of the Sovereign on Australian legal tender; and
(c) any briefing notes, file notes and emails between the Treasurer and the Prime Minister and/or Prime Minister's office since 30 May 2022 in relation to changes and/or potential changes to the effigy of the Sovereign on Australian legal tender.
That there be laid on the table by the Minister representing the Prime Minister, by no later than midday on Friday, 7 October 2022:
(a) any briefing notes provided by the Department of the Prime Minister and Cabinet to the Prime Minister and/or the Prime Minister's office since 30 May 2022 in relation to changes and/or potential changes to the effigy of the Sovereign on Australian legal tender;
(b) any briefing notes, file notes and emails between the Department of the Prime Minister and Cabinet and the Department of the Treasury since 30 May 2022 in relation to changes and/or potential changes to the effigy of the Sovereign on Australian legal tender; and
(c) any briefing notes, file notes and emails between the Department of the Prime Minister and Cabinet and the Prime Minister and/or the Prime Minister's office since 30 May 2022 in relation to changes and/or potential changes to the effigy of the Sovereign on Australian legal tender.
That there be laid on the table by the Minister representing the Minister for Climate Change and Energy, by no later than midday on 30 September 2022, all submissions received by the Department of Climate Change, Energy, the Environment and Water and associated agencies that were provided as part of the Safeguard Mechanism reforms consultation process.
National Energy Transition Authority Bill 2022
That the following bill be introduced: A Bill for an Act to establish the National Energy Transition Authority, and for related purposes.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The climate crisis is happening before our eyes—and it's getting worse. In the past few weeks we've seen a third of the land mass of Pakistan drowned by record floods, caused by torrential rains and melting Himalayan glaciers, which are disappearing at a much faster rate than scientists had predicted.
Earlier this year the east coast of Australia suffered through its own flooding catastrophe, in what was Australia's third-most costly natural disaster. Thousands of homes ruined; livelihoods destroyed; 22 lives lost. More flooding is forecast this year.
Scientists say that global heating makes a sea-level rise from the melting of the Greenland ice cap now inevitable, even if fossil fuel burning was to end immediately. With continued carbon emissions, and the melting of other ice caps, a multi-metre sea level rise now appears likely. This would mean that islands in the Torres Strait and many of our neighbours in the South Pacific would simply cease to exist.
In July we discovered the full extent of climate change's impact on our natural habitat and wildlife in the State of the Environment report, a devastating and terrifying assessment that drew a direct link between the extraction and burning of fossil fuels and species extinction.
Climate change is threatening farming production and food security, with a recent report commissioned by the NSW Department of Planning, Industry and Environment forecasting massive reductions in meat, wool, dairy and fruit production by 2030 as a result of global warming and extreme weather events.
There can be no doubt that the climate crisis is here. And the biggest contributor to the climate crisis is the extraction and burning of coal and gas.The IPCC, the International Energy Agency, climate scientists and environmental groups all say that in order to have even a chance of keeping warming below 1.5 degrees from pre-Industrial levels, we must open no more coal and gas projects. And that slim chance dwindles by the day.
To continue to open up new coal and gas flies in the face of all scientific and environmental reason and would keep us on the path towards a planet that is no longer capable of supporting human life.
Not only can we not open up new coal and gas mines, we must also phase out existing coal and gas extraction and energy production and rapidly transition to a zero emissions economy.
The good news is that this is already starting to happen. The global market for coal is drying up, as more and more renewable energy comes online and the urgency for climate action ramps up. Our major trading partners are beginning to abandon Australian coal, with a recent report from the Institute for Energy Economics and Financial Analysis saying the export market is in "permanent decline".
The Australian Energy Market Operator is preparing for a grid dominated by renewable energy, with around half of Australia's coal-fired power stations scheduled to be retired in the next decade. The former CEO of AEMO, Audrey Zibelman, described the retirement of Australia's existing coal fleet as "inevitable".
Renewable energy is taking off across the country. Almost 20% of power generated on the national grid comes from renewable energy sources. My home town of Gladstone, for example, famous for the 50 million tonnes of coal that leaves its port every year, will soon be home to one of the world's largest hydrogen equipment manufacturing facilities, making Queensland a world leader in hydrogen generation.
The transition has begun. But what's missing is a plan for a fair and equitable transition that ensures we are able to rapidly and responsibly exit coal and gas while securing the futures of the workers and communities who are at risk of being left behind.
We can't leave our renewable energy transition in the hands of private interests. Coal and gas corporations have no interest in safeguarding the futures of the workers and communities from which they have extracted their billions.
We only have to look at what's happened in Appalachia in the United States for a cautionary tale of what happens to coal communities left to fend for themselves during transition. With no federal leadership or funding allocated, disconnected local initiatives to transition former coal workers into other industries floundered, leaving already economically disadvantaged areas to suffer even more. Vulnerable and without planning and support, many of these communities fell victim to predatory corporations like private prison operators. Instead of safe, secure and rewarding work, the Appalachian coal workers that had been the backbone of America's economic boom were rewarded with coercion into working the for-profit carceral state, typically on a lower wage.
In Australia, some state-based initiatives in places like Collie in Western Australia and the Latrobe Valley in Victoria have had variable success in managing the decline of coal, but we still lack an overarching national approach.
That's why we need a National Energy Transition Authority. Unions are calling for it. Business is calling for it. Coal workers and communities are calling for it. And the Greens hope this parliament will vote for it.
Our bill establishes a new independent public authority, the National Energy Transition Authority, to guide Australia's shift from an economy powered by polluting coal and gas to one powered by reliable, secure and low-cost renewable energy.
By providing national coordination, expert advice and funding, the National Energy Transition Authority will work with communities, workers, unions, energy companies and governments at all levels to plan the pipeline of clean energy projects, creating good, secure jobs and opening up new export markets while pushing down power prices for homes and businesses.
The National Energy Transition Authority will support the creation of regional jobs and ensure localised transition plans are put in place so that coal- and gas-dependent communities get the funding and support that they deserve.
We don't want these communities to collapse. Australia owes coal workers a debt of gratitude for their contribution to this country. They have literally kept the lights on. The communities that have grown around mines and power stations—whether it's in Collie in Western Australia, the Latrobe Valley in Victoria, New South Wales' Hunter Valley or my home of Central Queensland—cannot simply be left to the whims of the market. We all know how that ends, and they deserve much more respect than that.
These communities know the transition is happening and they know their livelihoods and communities are at risk without a coherent strategy that they are able to contribute to. I know these communities. I live in one of these communities. What they're asking for is for politicians to stop lying to them that coal and gas are here to stay, and that their futures are secured. They know that's not true. They read the same headlines we all do. They're simply trying to answer the question, What comes next? , and they want some help to work that out.
Mining will continue to play a role in Australia's energy future, and Australia is going to continue to mine the minerals that are needed to make the products we need in a zero-carbon world.
Instead of continuing to dig up iron ore and send it off overseas, only to buy it back as steel, we can create thousands of green steel jobs for former coal and gas workers right here. Using our sun and our wind to make the steel locally from our own ore, we can lay the tracks for high-speed rail or build the wind turbines that are going to power the country with renewable energy.
That is what this Bill is about.
The National Energy Transition Authority will ensure that no worker is left behind during our energy transition. It will support and fund the creation of the new industries and jobs that communities want and help revive the fortunes of declining regional centres.
Four out of every five tonnes of thermal coal we dig up in this country are exported overseas. If you don't have a plan for the phasing-out of coal exports, then you don't have a plan for climate change.
The authority will provide guidance on the closure of coal- and gas-fired power stations, giving communities and governments certainty and providing clear direction to the energy market about how much clean energy we will need where, and by when. Without such a plan, coal plants can shut at short notice, like Hazelwood did and like others might do next.
The National Energy Transition Authority will ensure that no worker is left behind during our energy transition. It will support and fund the creation of the new industries and jobs that communities want and help revive the fortunes of declining regional centres.
We know this can be done. It's been done before. In Germany, under the slogan "No one left in the pits," thousands of workers have been helped in their transition out of coal. The plan they made between workers, employers and government meant that every coal worker walked into a new job or transitioned safely into retirement.
I believe in an Australia that leads the way in renewable energy, and ensures that all workers have well-paid, secure employment and world-class social services.
This is why a National Energy Transition Authority is so critical, but also so invigorating. We can harness the power of the state, alongside private investment, to guide, to shape, to implement, and ultimately, to transform our country's relationship with energy.
We can, once again, engage in nation building.
Everyone knows that there is massive potential for clean energy and for job creation if we manage this transition properly. I believe that the Government knows this as well.
With planning, compassion and foresight, we can tackle the greatest threat humanity has ever faced while embracing new energy opportunities, looking after workers and breathing new life into regional Australia. But we need this Bill to do it.
I commend this bill to the Senate.
That there be laid on the table by the Minister representing the Treasurer, by no later than midday on Friday, 7 October 2022:
(a) any briefing notes, file notes and emails provided by the Treasury to the Treasurer and/or to his office since 30 May 2022 in relation to the reintroduction of the full fuel excise from 29 September 2022 and monitoring activities undertaken by the Australian Consumer and Competition Commission (ACCC);
(b) any briefing notes, file notes and emails between the Treasury and the ACCC since 30 May 2022 in relation to the reintroduction of the full fuel excise from 29 September 2022 and monitoring activities undertaken by the ACCC; and
(c) any briefing notes, file notes and emails between the Treasurer and the ACCC since 30 May 2022 in relation to the reintroduction of the full fuel excise from 29 September 2022 and monitoring activities undertaken by the ACCC.
Pursuant to standing order 75, I give notice that today I propose to move 'That, in the opinion of the Senate, the following is a matter of urgency:
'The need for the Senate to reaffirm the importance of transparency and accountability in Australia's superannuation sector, and to support measures that ensure superannuation funds provide better information regarding how they manage and spend members' money.'
That, in the opinion of the Senate, the following is a matter of urgency:
The need for the Senate to reaffirm the importance of transparency and accountability in Australia's superannuation sector, and to support measures that ensure superannuation funds provide better information regarding how they manage and spend members' money.'
The Greens want meaningful transparency that tracks the flow of members' money, including for political purposes and for profit.
The spear carriers have left parliament, so there is now an opportunity to sign a treaty to end the super wars.
That the Senate take note of the document.
Jobs and Skills Australia Bill 2022
Jobs and Skills Australia (National Skills Commissioner Repeal) Bill 2022
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
JOBS AND SKILLS AUSTRALIA BILL 2022
The Jobs and Skills Australia Bill 2022 delivers on the Government's commitment to establish Jobs and Skills Australia as an independent body to provide advice on the skills and training needs of workers and employers, now and in future.
Today I am introducing the Bill with amendments to the initial Bill introduced on 27 August 2022, to expand the functions of Jobs and Skills Australia to help improve employment opportunities for Australians and strengthen the economy.
Jobs and Skills Australia will provide advice on issues relating to skills, training and workforce needs in regional, rural, and remote Australia—including the accessibility of training for those living in regions, and skill gaps which exist. The number of businesses unable to fill job vacancies is increasing, especially in our regions which have specific skills and workforce needs.
Jobs and Skills Australia will provide advice on pathways into VET, and the pathways between VET and higher education. This will create a clearer understanding for students who might commence studying in the VET system, before continuing into higher education.
Improving opportunities for employment, and VET and higher education outcomes are critical for Australians that have historically experienced labour market disadvantage and exclusion, like First Nations Australians, women, and those aged over 55. Jobs and Skills Australia will ensure these cohorts are prioritised in performing its functions.
Initial Bill introduced on 27 August 2022
Informed by the outcomes of the Jobs and Skills Summit on the 1st and 2nd of September 2022, the Government will continue to consult industry and employer bodies, unions, education and training providers, State and Territory Governments and others to determine the next stage of implementing Jobs and Skills Australia.
This consultative approach paves the way for shared value from the creation of Jobs and Skills Australia for all stakeholders with an interest in skills and the quality training of Australia's workforce.
Taking into consideration what we have heard, the Government will introduce further legislation that sets out the full range of functions, structure and governance arrangements to establish the permanent model for Jobs and Skills Australia.
Jobs and Skills Australia will have an important role in strengthening Australia's economy by providing crucial workforce planning functions. It will undertake workforce forecasting and prepare capacity studies for new and emerging industries and contribute to planning for a pipeline of skilled workers.
One of the biggest challenges facing Australian employers across many sectors right now is that they are struggling to find workers with the skills needed to ensure their enterprises are fully operational.
Skill shortages have been made worse by the pandemic—especially with reduced skilled migration and the lack of support for migrant workers during the COVID lockdowns.
The absence of planning and lack of a coordinated national response to skills and labour shortages in the last 10 years have contributed to the crisis facing some sectors.
The Government intends to restore tripartite cooperation and is determined that the trend over the last decade towards more insecure, low-paid and unskilled work, is addressed.
Innovative sectors of our economy have also been held back by the lack of policy leadership and planning. To succeed, our emerging industries in advanced manufacturing, technology and clean energy, all critical to tackling climate change, require an increase in the supply of highly specialised skills.
These challenges for emerging industries are being experienced against a background of an already tight labour market, supply chain and related economic challenges.
The Bill provides the first stage of establishing Jobs and Skills Australia and identifies the initial functions and structure of the organisation. The Bill establishes an interim Jobs and Skills Australia Director to commence the important work needed now, and who will lead Jobs and Skills Australia through its initial establishment and the performance of its initial set of functions. To support its formation, the agency will be situated within the Department of Employment and Workplace Relations.
From inception, Jobs and Skills Australia will give effect to the Government's commitment to a tripartite approach. In exercising its functions, Jobs and Skills Australia will be required to be inclusive and to genuinely consult and work with State and Territory governments and other key stakeholders.
Jobs and Skills Australia will have a remit to advise on the adequacy of the VET system and to consider the adequacy of outcomes for students engaged in training.
Conclusion
The advice of Jobs and Skills Australia will help build a bigger, better-trained workforce and a more productive economy.
This Government supports the aspirations of all workers for secure work, meaningful work, and a better future for themselves and their families.
We understand work isn't just about your pay packet. With work comes purpose and identity.
Australians who have the right skills have more job security and more job choices.
A skilled workforce is also a more productive workforce.
Learning new skills, acquiring knowledge and cultivating innovation is key to opportunity, wage growth and job security for workers, and to increasing productivity and revenue for industries.
The Government understands immediate action is needed to address critical skill shortages.
Core business of this Government is to create opportunities for Australians to prosper. That is why an expeditious establishment of Jobs and Skills Australia is a priority for the Government.
Finally, I make mention to the Senate Committee for their tabled report and recommendations from the inquiry.
The recommendations demonstrate and support the government's ongoing commitment to establish Jobs and Skills Australia as a matter of priority and establish the permanent Jobs and Skills Australia, including its full range of functions, structure, and governance arrangements, through informed stakeholder engagement.
Specifically, recommendation one mentions, ' the Government's rebranding exercise of Jobs and Skills Australia must reflect the needs and aspirations of the business community who gave evidence during the hearings in support of the new Jobs and Skills Australia' . While not agreeing to the characterisation of a rebranding exercise, Jobs and Skills Australia will reflect the needs and aspiration of business. That's why they are given a voice in the tripartite model and we are further engaging on the final form of Jobs and Skills Australia for the second tranche of legislation.
Recommendation two mentions, ' Coalition Senators urge the Albanese Labor Government to provide the sector with certainty by committing to legislate the final model, with measurable outcomes, of Jobs and Sk ills Australia within the 12-month timeframe they have set. Anything outside this timeframe will put Australia at a competitive disadvantage' . The Government's delivery plan is clear. We will deliver the final Jobs and Skills Australia model in a reasonable timeframe, noting that the intention is reflected in the legislation. This is evidenced by a time limited 12-month appointment period for the interim Jobs and Skills Australia Director.
Recommendation three mentions, ' in establishing the new Jobs and Ski lls Australia, the Government must consult widely and ensure that it preserves the independence of the new statutory authority.' The government is engaged in wide consultation on Jobs and Skills Australia's functions. The Government will draw to .Member's attention that the model in this legislation is independent. The Minister is not able to direct advice given by Jobs and Skills Australia.
I commend this Bill to the chamber.
JOBS AND SKILLS AUSTRALIA (NATIONAL SKILLS COMMISSIONER REPEAL) BILL 2022
Today I am introducing the Jobs and Skills Australia, National Skills Commissioner Repeal Bill 2022.
This Bill repeals the National Skills Commissioner Act 2020 .
The National Skills Commissioner has performed important advisory functions since the office was established in 2020.
However, to address the economic challenges facing Australia, we need a more strategic focus on our future workforce and skills needs and to develop better connections with industry, employers, unions, and state and territory governments.
The establishment of Jobs and Skills Australia will deliver on this, and repealing
the National Skills Commissioner Act is part of the pathway forward.
I commend this Bill to the chamber.
That resumption of the debate be made an order of the day for a later hour.
Social Security and Other Legislation Amendment (Self-Employment Programs and Other Measures) Bill 2022
Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Bill 2022
It almost seems that they are putting the cart before the horse.
The lack of consultation is profound on the government's part and the words and rhetoric do not go well for the future of Laverton, and as local governments do, we will pick up the pieces with other state government agencies who work under trying conditions and see the community continue.
… … …
The CDC has brought some sanity to the people's lives as most of the spending allocation is to purchase food—
and the other essentials of life.
… … …
Is this submission emotive, yes, it is because we believe and have seen firsthand the benefits of the CDC and the impact upon Laverton for which I have called home for over 65 years and the generation before me as the Shire President.
It reduced the alcohol violence and the harassment of the elderly and vulnerable for cash when they used to go to the ATM.
The cashless card is not a silver bullet but it is something, and we can build on it.
But there is no plan as to what happens after the CDC is abolished, we are left in a vacuum. The government says if we want to go down that path of keeping income management that it has to be a community decision, but there's no information about how they want us to arrive at that decision or what the replacement could be.
Everyone is willing to talk about the over-representation of Aboriginal men in prison … But, as I have said before, the stream of Aboriginal men going to prison is matched by a steady stream—a river—of Aboriginal women going to the hospital and to the morgue.
The committee recommends that the Commonwealth Government work with the Queensland Family Responsibilities Commission to address the concerns raised, including considering possible amendments to the bill, to ensure that the Commission can continue to operate effectively in accordance with its statutory responsibilities.
Subject to recommendation 1, the committee recommends that the bill be passed.
The Senate divided. [18:57]
(The President—Senator Lines)
At the end of the motion, add ", but the Senate calls on the Government to:
(a) provide a clear plan for an end to all compulsory income management, which disproportionately impacts First Nations peoples; and
(b) urgently and significantly increase the funding for community and support services through a jobs and services plan, including redirecting any savings from the abolition of the cashless debit card to these services".
The Senate divided. [19:05]
(The President—Senator Lines)
At the end of the motion, add ", but the Senate calls on the Government to ensure that no recipient of the Age Pension or a Veteran or Service Pension will be placed on income management by the Commonwealth Government or any of its agencies. The current authority the Family Responsibility Commission, child protection workers, or the Alcohol Mandatory Treatment Tribunal in the Northern Territory will continue".
The Senate divided. [19:14]
(The President—Senator Lines)
At the end of the motion, add ", and the Senate:
(a) agrees that it is imperative that social disruption be minimised in trial sites where the cashless debit card is being repealed; and
(b) orders that there be laid on the table by the Minister representing the Minister for Social Services, by no later than 2 pm on Friday, 30 September 2022, a transition plan which includes an outline of the following:
(i) the administrative measures that will be taken by the Commonwealth Government to ensure cashless welfare participants will continue to have access to restrictable payments, including regarding any changes relating to those participants' bank accounts or bank cards,
(ii) the social and community supports that will be available to combat alcohol abuse, drug abuse and crime in program areas,
(iii) the measures that the Commonwealth Government will take to combat coercive control and financial abuse in relation to cashless welfare participants who are using the restrictions under the cashless welfare scheme to control their own finances, and
(iv) the Commonwealth Government's economic plan for the program areas, including what measures the Commonwealth Government will take to increase access to training and jobs in program areas".
The Senate divided. [19:22]
(The President—Senator Lines)
The Senate divided. [19:26]
(The President—Senator Lines)
(1) Schedule 1, page 3 (after line 2), after the heading to Part 1, insert:
A New Tax System (Family Assistance) (Administration) Act 1999
1A After paragraph 66(2)(f)
Insert:
(fa) Part 3AA of the Social Security (Administration) Act 1999 ; and
National Emergency Declaration Act 2020
1B Section 10 (after paragraph (zb) of the definition of national emergency law )
Insert:
(zba) section 123SJ of the Socia l Security (Administration) Act 1999 ;
Social Security Act 1991
1C Subsection 1061EK(1)
After "Parts", insert "3AA,".
1D Paragraph 1222(1)(ba)
After "Parts", insert "3AA,".
1E Subsection 1222(2) (table item 20, column 2)
After "Parts", insert "3AA,".
1F Par agraph 1230(1)(a)
After "Part", insert "3AA,".
1G Subsections 1230C(1) and (2)
After "Part", insert "3AA,".
1H Paragraph 1234A(1)(a)
After "Act, Part", insert "3AA,".
1J Subsection 1237AB(1)
After "Part", insert "3AA,".
(2) Schedule 1, page 3 (before line 4), before item 1, insert:
1K After paragraph 60(2)(a)
Insert:
(aaa) Part 3AA of this Act; and
1L After section 70
Insert:
70AA Person who is subject to the enhanced income management regime etc.
Scope
(1) This section applies to a person if:
(a) the person is subject to the enhanced income management regime (within the meaning of Part 3AA); or
(b) the Secretary is satisfied that it is likely that the person will become subject to the enhanced income management regime (within the meaning of Part 3AA).
Requirement
(2) The Secretary may give the person a notice that requires the person to do either or both of the following:
(a) inform the Department if:
(i) a specified event or change of circumstances occurs; or
(ii) the person becomes aware that a specified event or change of circumstances is likely to occur;
(b) give the Department one or more statements about a matter that might affect the operation, or prospective operation, of Part 3AA in relation to the person.
(3) An event or change of circumstances is not to be specified in a notice under this section unless the occurrence of the event or change of circumstances might affect the operation, or prospective operation, of Part 3AA in relation to the person.
1M After paragraph 72(3)(d)
Insert:
(da) in the case of a notice under section 70AA that requires the giving of information mentioned in paragraph 70AA(2)(a)—be the period of 14 days after:
(i) the day on which the event or change of circumstances occurs; or
(ii) the day on which the person becomes aware that the event or change of circumstances is likely to occur;
as the case may be; or
(db) in the case of a notice under section 70AA that requires the giving of a statement mentioned in paragraph 70AA(2)(b)—end not earlier than 14 days after the day on which the notice is given; or
1N Paragraph 72(4)(a)
After "68", insert ", 70AA".
1P Subsections 72(6) and (7)
After "68", insert ", 70AA".
1Q Subsection 74(1)
After "70", insert ", 70AA".
1R After Part 3A
Insert:
Part 3AA — Enhanced income management regime
Division 1 — Introduction
123SA Simplified outline of this Part
123SB Definitions
In this Part:
balance of the qualified portion , of acategory B welfare payment, means:
(a) if a deduction is to be made from, or an amount is to be set off against, the payment under:
(i) section 61, 61A or 238 of this Act; or
(ii) section 1231 of the 1991 Act; or
(iii) section 84, 84A, 92, 92A, 225, 226, 227 or 228A of the Family Assistance Administration Act;
the amount of the qualified portion of the payment less the amount of the deduction or the amount of the set-off; or
(b) in any other case—the amount of the qualified portion of the payment.
BasicsCard bank account means a bank account of a kind determined by a legislative instrument made under section 123SU.
cash-l ike product includes the following:
(a) a gift card, store card, voucher or similar article (whether in a physical or electronic form);
(b) a money order, postal order or similar order (whether in a physical or electronic form);
(c) digital currency.
categ ory A welfare payment means:
(a) a social security benefit; or
(b) a social security pension; or
(c) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance.
category B welfare payment means:
(a) a category A welfare payment; or
(b) double orphan pension; or
(c) family tax benefit under the Family Assistance Act; or
(d) family tax benefit advance under the Family Assistance Administration Act; or
(e) stillborn baby payment under the Family Assistance Act; or
(f) carer allowance; or
(g) child disability assistance; or
(h) carer supplement; or
(i) mobility allowance; or
(j) pensioner education supplement; or
(k) telephone allowance under Part 2.25 of the 1991 Act; or
(l) utilities allowance under Part 2.25A of the 1991 Act; or
(m) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or
(n) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or
(o) a social security bereavement payment; or
(p) an advance payment under Part 2.22 of the 1991 Act; or
(q) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or
(r) a mobility allowance advance under section 1045 of the 1991 Act.
eligible recipient has the same meaning as in Part 3B.
excluded goods has the same meaning as in Part 3B.
excluded service has the same meaning as in Part 3B.
Part 3B payment nominee has the same meaning as in Part 3B.
qualified portion , of a category B welfare payment, has the meaning given by section 123SJ.
Queensland Commission has the same meaning as in Part 3B.
subject to the enhanced income management regime has the meaning given by Division 2.
unqualified portion , of a category B welfare payment, has the meaning given by section 123SJ.
Division 2 — Persons subject to the enhanced income management regime
123SC Persons subject to the enhanced income management regime — Queensland Commission
(1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (thetest time ) on or after 6 March 2023 if:
(a) at the test time, the person, or the person's partner, is an eligible recipient of a category A welfare payment; and
(b) on or after 6 March 2023, the Queensland Commission gave the Secretary a written notice requiring that the person be subject to the income management regime under Part 3B; and
(c) the notice was given under a law of Queensland; and
(d) at the test time, the notice had not been withdrawn or revoked and had not expired; and
(e) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B).
(2) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (thetest time ) on or after 6 March 2023 if:
(a) at the test time, the person, or the person's partner, is an eligible recipient of a category A welfare payment; and
(b) subsection (3) applies in relation to the person; and
(c) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B).
(3) This subsection applies in relation to a person if:
(a) immediately before 6 March 2023, subitem 97(2) or (4) of Schedule 1 to the Social Security (Administration) Amendment (Continuation of Cashless Welfare) Act 2020 applies in relation to the person and a notice; and
(b) immediately before 6 March 2023, the person was a program participant under section 124PGD.
(4) Subsection (3) ceases to apply in relation to the person if on or after 6 March 2023 the notice referred to in paragraph (3)(a) is withdrawn or revoked by the Queensland Commission or expires.
(5) This section applies on and after 6 March 2023 despite item 97 of Schedule 1 to the Social Security (Administration) Amendment (Continuation of Cashless Welfare) Act 2020 .
123SI Relationship with other provisions
If a person is subject to the enhanced income management regime at a particular time, then the person cannot be subject to the income management regime under Part 3B at that time and cannot be a program participant or a voluntary participant under Part 3D at that time.
Division 3 — Deductions from welfare payments
Subdivision A — Persons subject to the enhanced income management regime — Queensland Commission
123SJ Category B welfare payment to be split into qualified and unqualified portions
Payments by instalments
(1) If an instalment of a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SC:
(a) the percentage of the gross amount of the payment that is qualified (the qualified portion ) is the percentage determined by the Secretary under subsection (2) of this section, after consultation with the Queensland Commission; and
(b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion ) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).
Note: The percentage may be varied under subsection (4).
(2) The Secretary may determine a percentage in relation to a person for the purposes of paragraph (1)(a).
Payments otherwise than by instalments
(3) If a category B welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SC, 100% of the gross amount of the payment is qualified (the qualified portion ).
Note: The percentage may be varied under subsection (4).
Variation by Secretary
(4) For a person who is subject to the enhanced income management regime under section 123SC, the Secretary may make a determination that:
(a) varies the percentage applicable under paragraph (1)(a) to 0%; and
(b) varies the percentage applicable under paragraph (1)(b) to 100%; and
(c) varies the percentage applicable under subsection (3) to 0%.
(5) The Secretary may make a determination under subsection (4) only if:
(a) the Secretary is satisfied that the person is unable to use the person's debit card that was issued to the person and that is attached to the person's BasicsCard bank account, or is unable to access that account, as a direct result of:
(i) a technological fault or malfunction with that card or account; or
(ii) a natural disaster; or
(iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020 ) is in force—an emergency to which the declaration relates; or
(b) the person's category B welfare payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:
(i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or
(ii) under a determination under subsection 51(1).
When determinations take effect
(6) A determination under subsection (2) or (4) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).
Determinations are not legislative instruments
(7) A determination under subsection (2) or (4) is not a legislative instrument.
123SK Payment of balance of qualified portion of category B welfare payment
If a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SC, the Secretary must pay the balance of the qualified portion of the payment to the credit of a BasicsCard bank account maintained by the person.
123SL Recipient's use of funds from category B welfare payments
A person who receives a category B welfare payment:
(a) may use the balance of the qualified portion of the payment, as paid under section 123SK, to obtain goods or services, other than:
(i) excluded goods or excluded services; or
(ii) a cash-like product that could be used to obtain excluded goods or excluded services; and
(b) may use the unqualified portion of the payment, as paid to the person, at the person's discretion.
Division 4 — Information
123SS Disclos ure of information to the Secretary — financial institution
(1) Despite any law (whether written or unwritten) in force in a State or Territory, an officer or employee of a financial institution may give the Secretary information about a person if:
(a) the person is subject to the enhanced income management regime; and
(b) the disclosed information is relevant to the operation of this Part.
Note: Subsection 202(8A) allows a person to disclose information about a BasicsCard bank account to a financial institution.
(2) If information about a person is disclosed as mentioned in subsection (1), the Secretary may disclose information about the person to an officer or employee of the financial institution for the purposes of the performance of the duties, or the exercise of the powers, of the officer or employee.
123ST Disclosure of information — Queensland Commission
(1) Despite any law (whether written or unwritten) in force in Queensland, the Queensland Commission may give the Secretary information about a person if:
(a) either:
(i) the person is subject to the enhanced income management regime under section 123SC; or
(ii) the Queensland Commission is considering whether to give a notice of the kind referred to in paragraph 123SC(1)(b) in relation to the person; and
(b) the disclosed information is relevant to the operation of this Part.
(2) If information about a person is disclosed by the Queensland Commission as mentioned in subsection (1), the Secretary may disclose information about the person to the Queensland Commission for the purposes of the performance of the functions, or the exercise of the powers, of the Queensland Commission.
(3) If:
(a) a person ceases to be subject to the enhanced income management regime under section 123SC because of the cancellation of a category A welfare payment of the person or the person's partner; and
(b) immediately before the cancellation, the relevant notice referred to in paragraph 123SC(1)(b) or (3)(a) had not been withdrawn or revoked and had not expired;
then, as soon as practicable after the cancellation, the Secretary must give the Queensland Commission written notice of the cancellation.
Division 5 — Other matters
123SU BasicsCard bank accounts
(1) For the purposes of this Part, the Secretary may, by legislative instrument, determine a kind of bank account to be maintained by a person who is subject to the enhanced income management regime for the receipt of payments under this Part.
(2) A legislative instrument determining a kind of bank account may also prescribe terms and conditions relating to the establishment, ongoing maintenance and closure of the bank account so determined.
123SV Exceptions to Part IV of the Competition and Consumer Act 2010
(1) For the purposes of subsection 51(1) of the Competitio n and Consumer Act 2010 , the declining of a transaction by a financial institution is specified and specifically authorised if the transaction would involve:
(a) money in a BasicsCard bank account; and
(b) a business of a kind specified in a legislative instrument made under subsection (2).
(2) The Secretary may, by legislative instrument, declare a kind of business, whether by reference to merchant category codes, terminal identification codes, card accepted identification codes or otherwise, in relation to which transactions involving money in a BasicsCard bank account may be declined by a financial institution.
(3) For the purposes of subsection 51(1) of the Competition and Consumer Act 2010 , the declining of a transaction by a supplier of goods or services is specified and specifically authorised if the transaction would involve:
(a) money in a BasicsCard bank account; and
(b) the obtaining of:
(i) excluded goods or excluded services; or
(ii) a cash-like product that could be used to obtain excluded goods or excluded services.
(4) To avoid doubt, for the purposes of this section, it does not matter whether money in a BasicsCard bank account represents the qualified portion or unqualified portion of a payment.
123SW This Part has effect despite other provis ions etc.
This Part has effect despite anything in:
(a) any other provision of this Act; or
(b) the 1991 Act; or
(c) the Family Assistance Act; or
(d) the Family Assistance Administration Act.
(3) Schedule 1, item 1, page 3 (lines 9 to 11), omit the definition of repeal day in section 123TC.
(4) Schedule 1, page 3 (after line 11), after item 1, insert:
1S Section 123TC (before subparagraph (b)(i) of the definition of excluded Part 3B payment nominee )
Insert:
(ia) is not subject to the enhanced income management regime (within the meaning of Part 3AA); and
1T Section 123TC
Insert:
repeal day means the day on which Part 2 of Schedule 1 to theSocial Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 commences.
(5) Schedule 1, items 20 to 26, page 7 (line 17) to page 8 (line 11), to be opposed.
(6) Schedule 1, item 37, page 11 (line 16), omit "the closure day", substitute "6 March 2023".
(7) Schedule 1, item 38, page 11 (line 17) to page 12 (line 9), to be opposed.
(8) Schedule 1, item 45, page 13 (line 17), omit ", 124PGD(4)".
(9) Schedule 1, item 47, page 13 (line 24), omit ", 124PGD(4)".
(10) Schedule 1, page 13 (after line 25), after item 47, insert:
47A After paragraph 192(da)
Insert:
(daaa) the operation of Part 3AA;
47B After paragraph 195(1)(c)
Insert:
(caa) to facilitate the administration of Part 3AA;
47C After subsection 202(8)
Insert:
BasicsCard bank accounts
(8A) If protected information relates to the establishment or ongoing maintenance of a BasicsCard bank account (within the meaning of section 123SB), a person may do any of the following:
(a) obtain the information;
(b) make a record of the information;
(c) disclose the information to a financial institution;
(d) otherwise use the information.
Social Security (Administration) Amendment (Continuation of Cashless Welfare) Act 2020
47D At the end of subitem 97(3) of Schedule 1
Add "before 6 March 2023".
47E Paragraph 97(4)(a) of Schedule 1
After "item", insert "and before 6 March 2023".
47F At the end of subitem 97(5) of Schedule 1
Add "before 6 March 2023".
(11) Schedule 1, items 51 to 57, page 15 (line 11) to page 16 (line 2), omit the items, substitute:
51 Subsection 1061EK(1)
Omit "Parts 3AA, 3B and 3D", substitute "Parts 3AA and 3B".
52 Paragraph 1222(1)(ba)
Omit "Parts 3AA, 3B and 3D", substitute "Parts 3AA and 3B".
53 Subsection 1222(2) (table item 20, column 2)
Omit "Parts 3AA, 3B and 3D", substitute "Parts 3AA and 3B".
54 Paragraph 1230(1)(a)
Omit "Part 3AA, 3B or 3D", substitute "Part 3AA or 3B".
55 Subsections 1230C(1) and (2)
Omit "Part 3AA, 3B or 3D", substitute "Part 3AA or 3B".
56 Paragraph 1234A(1)(a)
Omit "Part 3AA, 3B or 3D", substitute "Part 3AA or 3B".
57 Subsection 1237AB(1)
Omit "Part 3AA, 3B or 3D", substitute "Part 3AA or 3B".
(12) Schedule 1, page 16 (after line 13), after item 60, insert:
60A Section 123SI
Omit "and cannot be a program participant or a voluntary participant under Part 3D at that time".
(13) Schedule 1, item 61, page 16 (lines 14 to 18), omit the item, substitute:
61 Section 123TC (paragraph (b) of the definition of excluded Part 3B payment nominee )
Repeal the paragraph, substitute:
(b) a Part 3B payment nominee who:
(i) is not subject to the enhanced income management regime (within the meaning of Part 3AA); and
(ii) is not subject to the income management regime.
Thousands of Coasties who rely on the age pension are at risk of being forced onto the Cashless Debit Card Scheme by the Morrison Government.
They have a plan to force 80 per cent of people's pensions onto a cashless debit card, so they can control and limit how pensioners spend their money.
Let me make it crystal clear—the Morrison Government will not force age pensioners onto the Cashless Debit Card. We were never going to, and never will.
… there never has, there isn't and there never will be under this government any intention to require age pensioners to go on to the cashless debit card.
We're seeking to put all income management onto the universal platform, which is the cashless debit card.
We're seeking to put all income management onto the universal platform, which is the cashless debit card.
The enhanced card will allow access to more merchants, online shopping and Bpay, and will be delivered by Services Australia—
(1) Clause 2, page 2 (after table item 2), insert:
(2) Schedule 1, items 2 to 6, page 3 (line 12) to page 4 (line 4), to be opposed.
(3) Schedule 1, item 7, page 4 (lines 7 and 8), omit subsection 123UCA(4).
(4) Schedule 1, items 8 to 10, page 4 (lines 18 to 29), to be opposed.
(5) Schedule 1, item 11, page 5 (lines 3 and 4), omit subsection 123UCB(5).
(6) Schedule 1, items 12 to 14, page 5 (lines 14 to 25), to be opposed.
(7) Schedule 1, item 15, page 5 (lines 28 and 29), omit subsection 123UCC(5).
(8) Schedule 1, item 16, page 6 (lines 9 to 16), to be opposed.
(9) Schedule 1, item 17, page 6 (lines 19 and 20), omit subsection 123UD(4A).
(10) Schedule 1, item 18, page 6 (line 30) to page 7 (line 3), to be opposed.
(11) Schedule 1, item 19, page 7 (lines 6 and 7), omit subsection 123UE(5).
(12) Schedule 1, item 27, page 8 (lines 12 to 19), to be opposed.
(13) Schedule 1, item 28, page 8 (lines 22 and 23), omit subsection 123UFAA(3).
(14) Schedule 1, item 40, page 12 (lines 14 to 26), to be opposed.
(15) Schedule 1, page 14 (after line 8), after Part 1, insert:
Part 1A — Stage 1A amendments
National Emergency Declaration Act 2020
48A Section 10 (paragraph (zba) of the definition of national emergency law )
After "section 123SJ", insert "or 123SM".
Social Security (Administration) Act 1999
48B Section 123SA
After:
insert:
(a) the person meets the criteria relating to disengaged youth and the person's usual place of residence is within the Northern Territory; or
(b) the person meets the criteria relating to long-term welfare payment recipients and the person's usual place of residence is within the Northern Territory.
48C Section 123SB
Insert:
balance of the qualified portion , of acategory D welfare payment, means:
(a) if a deduction is to be made from, or an amount is to be set off against, the payment under:
(i) section 61, 61A or 238 of this Act; or
(ii) section 1231 of the 1991 Act; or
(iii) section 84, 84A, 92, 92A, 225, 226, 227 or 228A of the Family Assistance Administration Act;
the amount of the qualified portion of the payment less the amount of the deduction or the amount of the set-off; or
(b) in any other case—the amount of the qualified portion of the payment.
category C welfare payment means:
(a) youth allowance; or
(b) jobseeker payment; or
(c) special benefit; or
(d) pension PP (single); or
(e) benefit PP (partnered).
category D welfare payment means:
(a) a social security benefit; or
(b) a disability support pension; or
(c) a carer payment; or
(d) a pension PP (single); or
(e) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance; or
(f) double orphan pension; or
(g) family tax benefit under the Family Assistance Act; or
(h) family tax benefit advance under the Family Assistance Administration Act; or
(i) stillborn baby payment under the Family Assistance Act; or
(j) carer allowance; or
(k) child disability assistance; or
(l) carer supplement; or
(m) mobility allowance; or
(n) pensioner education supplement; or
(o) telephone allowance under Part 2.25 of the 1991 Act; or
(p) utilities allowance under Part 2.25A of the 1991 Act; or
(q) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or
(r) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or
(s) a social security bereavement payment; or
(t) an advance payment under Part 2.22 of the 1991 Act; or
(u) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or
(v) a mobility allowance advance under section 1045 of the 1991 Act.
exempt welfare payment recipient has the same meaning as in Part 3B.
qualified portion , of a category D welfare payment, has the meaning given by section 123SM.
unqualified portion , of a category D welfare payment, has the meaning given by section 123SM.
48D After section 123SC
Insert:
1 23SD Persons subject to the enhanced income management regime — Northern Territory
Disengaged youth
(1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (thetest time ) on or after 6 March 2023 if:
(a) immediately before 6 March 2023:
(i) the person was a program participant under Part 3D; and
(ii) the person's usual place of residence was within the Northern Territory; and
(b) at the test time, the person's usual place of residence is within the Northern Territory; and
(c) at the test time, the person is an eligible recipient of a category C welfare payment; and
(d) at the test time, the person is at least 15 years of age and under 25 years of age; and
(e) at the test time, the person is not an exempt welfare payment recipient; and
(f) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and
(g) the person was an eligible recipient of a category C welfare payment for at least 13 weeks during the 26-week period ending immediately before the test time.
(2) If:
(a) a person is subject to the enhanced income management regime under subsection (1); and
(b) paragraph (1)(b) ceases to apply in relation to the person; and
(c) at the time of that cessation, paragraphs (1)(c), (d), (e) and (f) apply in relation to the person;
then the person remains subject to the enhanced income management regime under subsection (1) until the earlier of the following:
(d) the time paragraph (1)(c), (d), (e) or (f) ceases to apply in relation to the person;
(e) the end of the period of 13 weeks beginning on the day that paragraph (1)(b) ceased to apply in relation to the person.
Long-term welfare payment recipient
(3) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (thetest time ) on or after 6 March 2023 if:
(a) immediately before 6 March 2023:
(i) the person was a program participant under Part 3D; and
(ii) the person's usual place of residence was within the Northern Territory; and
(b) at the test time, the person's usual place of residence is within the Northern Territory; and
(c) at the test time, the person is an eligible recipient of a category C welfare payment; and
(d) at the test time, the person is at least 25 years of age but has not reached pension age; and
(e) at the test time, the person is not an exempt welfare payment recipient; and
(f) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and
(g) the person was an eligible recipient of a category C welfare payment for at least 52 weeks during the 104-week period ending immediately before the test time.
(4) If:
(a) a person is subject to the enhanced income management regime under subsection (3); and
(b) paragraph (3)(b) ceases to apply in relation to the person; and
(c) at the time of that cessation, paragraphs (3)(c), (d), (e) and (f) apply in relation to the person;
then the person remains subject to the enhanced income management regime under subsection (3) until the earlier of the following:
(d) the time paragraph (3)(c), (d), (e) or (f) ceases to apply in relation to the person;
(e) the end of the period of 13 weeks beginning on the day that paragraph (3)(b) ceased to apply in relation to the person.
48E After Subdivision A of Division 3 of Part 3AA
Insert:
Subdivision B — Persons subject to the enhanced income management regime — Northern Territory
123SM Category D welfare payment to be split into qualified and unqualified portions
Payments by instalments
(1) If an instalment of a category D welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SD:
(a) the percentage of the gross amount of the payment that is qualified (the qualified portion ) is 50%; and
(b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion ) is 50%.
Note: The percentage may be varied under subsection (3).
Pa yments otherwise than by instalments
(2) If a category D welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SD, 100% of the gross amount of the payment is qualified (the qualified portion ).
Note: The percentage may be varied under subsection (3).
Variation by Secretary
(3) For a person who is subject to the enhanced income management regime under section 123SD, the Secretary may make a determination that:
(a) varies the percentage applicable under paragraph (1)(a) to 0%; and
(b) varies the percentage applicable under paragraph (1)(b) to 100%; and
(c) varies the percentage applicable under subsection (2) to 0%.
(4) The Secretary may make a determination under subsection (3) only if:
(a) the Secretary is satisfied that the person is unable to use the person's debit card that was issued to the person and that is attached to the person's BasicsCard bank account, or is unable to access that account, as a direct result of:
(i) a technological fault or malfunction with that card or account; or
(ii) a natural disaster; or
(iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020 ) is in force—an emergency to which the declaration relates; or
(b) the person's category D welfare payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:
(i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or
(ii) under a determination under subsection 51(1).
(5) A determination under subsection (3) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).
(6) A determination under subsection (3) is not a legislative instrument.
123SN Payment of balance of qualified portion of category D welfare payment
If a category D welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SD, the Secretary must pay the balance of the qualified portion of the payment to the credit of a BasicsCard bank account maintained by the person.
123SO Recipient's use of funds from category D welfare payments
A person who receives a category D welfare payment:
(a) may use the balance of the qualified portion of the payment, as paid under section 123SN, to obtain goods or services, other than:
(i) excluded goods or excluded services; or
(ii) a cash-like product that could be used to obtain excluded goods or excluded services; and
(b) may use the unqualified portion of the payment, as paid to the person, at the person's discretion.
48F Paragraph 127(4)(ad)
Omit ", 124PGC(9) or 124PGE(10)", substitute "or 124PGC(9)".
48G Paragraph 144(lc)
Omit ", 124PGC(9) or 124PGE(10)", substitute "or 124PGC(9)".
(16) Schedule 1, item 63, page 16 (lines 21 to 24), to be opposed.
That the amendment be put.
(1) Clause 2, page 2 (before table item 3), insert:
(2) Schedule 1, item 41, page 12 (line 30), omit "the closure day", substitute "6 March 2023".
(3) Schedule 1, item 44, page 13 (lines 12 and 13), omit the item, substitute:
44 Paragraph 127(4)(aa)
Repeal the paragraph, substitute:
(aa) a decision to give a notice under subsection 123SE(3); or
(4) Schedule 1, item 46, page 13 (lines 19 and 20), omit the item, substitute:
46 Paragraph 144(l)
Repeal the paragraph, substitute:
(l) a decision to give a notice under subsection 123SE(3);
(5) Schedule 1, page 15 (before line 1), before Part 2, insert:
Part 1B — Stage 1B amendments
National Emergency Declaration Act 2020
48H Section 10 (before paragraph (zc) of the definition of national emergency law )
Insert:
(zbb) section 123SP of the Social Security (Administration) Act 199 9 ;
Social Security (Administration) Act 1999
48J Section 123SA
Before:
insert:
48K Section 123SB
Insert:
balance of the qualified portion , of acategory G welfare payment, means:
(a) if a deduction is to be made from, or an amount is to be set off against, the payment under:
(i) section 61, 61A or 238 of this Act; or
(ii) section 1231 of the 1991 Act; or
(iii) section 84, 84A, 92, 92A, 225, 226, 227 or 228A of the Family Assistance Administration Act;
the amount of the qualified portion of the payment less the amount of the deduction or the amount of the set-off; or
(b) in any other case—the amount of the qualified portion of the payment.
Bundaberg and Hervey Bay area means the area within the boundaries of the Division (within the meaning of theCommonwealth Electoral Act 1918 ) of Hinkler, as those boundaries were in force on 31 May 2018.
category F welfare payment means:
(a) a social security benefit; or
(b) a disability support pension; or
(c) a carer payment; or
(d) a pension PP (single); or
(e) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance.
category G welfare payment means:
(a) a category F welfare payment; or
(b) double orphan pension; or
(c) family tax benefit under the Family Assistance Act; or
(d) family tax benefit advance under the Family Assistance Administration Act; or
(e) stillborn baby payment under the Family Assistance Act; or
(f) carer allowance; or
(g) child disability assistance; or
(h) carer supplement; or
(i) mobility allowance; or
(j) pensioner education supplement; or
(k) telephone allowance under Part 2.25 of the 1991 Act; or
(l) utilities allowance under Part 2.25A of the 1991 Act; or
(m) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or
(n) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or
(o) a social security bereavement payment; or
(p) an advance payment under Part 2.22 of the 1991 Act; or
(q) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or
(r) a mobility allowance advance under section 1045 of the 1991 Act.
C eduna area means Ceduna within the meaning of theSocial Security (Administration) (Trial Area — Ceduna and Surrounding Region) Determination 2015 as in force on 15 March 2016 and includes the Surrounding Region (within the meaning of that determination as so in force).
East Kimberley area means East Kimberley within the meaning of theSocial Security (Administration) (Trial Area—East Kimberley) Determination 2016 as in force on 26 April 2016 and includes the areas of each of the Included Communities (within the meaning of that determination as so in force).
Goldfields area means the following Local Government Areas as at 7 February 2018:
(a) the Shire of Leonora;
(b) the Shire of Laverton;
(c) the City of Kalgoorlie-Boulder;
(d) the Shire of Coolgardie;
(e) the Shire of Menzies.
Local Government Areas means areas designated by the Governor of Western Australia to be a city, town or shire, in accordance with theLocal Government Act 1995 (WA).
qualified portion , of a category G welfare payment, has the meaning given by section 123SP.
unqualified portion , of a category G welfare payment, has the meaning given by section 123SP.
voluntary enhanced income management agreement has the meaning given by section 123SF.
48L Before section 123SI
Insert:
123SE Persons subject to the enhanced income management regime — volunteers
(1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time on or after 6 March 2023 if:
(a) at that time, a voluntary enhanced income management agreement is in force in relation to the person; or
(b) immediately before 6 March 2023, the person was a voluntary participant under section 124PH.
Cessation — former section 124PH voluntary participants
(2) If paragraph (1)(b) applies to a person, the person may make a request to the Secretary to cease to be subject to the enhanced income management regime under this section. The request cannot be withdrawn or revoked.
(3) If the person does so, the Secretary must give the person a notice stating that the person ceases to be subject to the enhanced income management regime under this section. The notice comes into force on a day specified in the notice (which must be no later than 7 days after the day on which the request was made).
(4) A notice under subsection (3) has effect accordingly.
(5) A notice under subsection (3) is not a legislative instrument.
(6) Subsection (3) does not prevent paragraph (1)(a) applying in relation to the person at a later time.
123SF Voluntary enhanced income man agement agreement
(1) A person may enter into a written agreement with the Secretary under which the person agrees voluntarily to be subject to the enhanced income management regime throughout the period when the agreement is in force.
(2) An agreement under subsection (1) is to be known as a voluntary enhanced income management agreement .
(3) The Secretary must not enter into a voluntary enhancedincome management agreement with a person unless:
(a) the person is an eligible recipient of a category F welfare payment; and
(b) the person's usual place of residence is within the Ceduna area, the East Kimberley area, the Goldfields area or the Bundaberg and Hervey Bay area; and
(c) if the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B).
(4) The Secretary must not enter into a voluntary enhanced income management agreement with a person if:
(a) the person is subject to the income management regime under Part 3B; or
(b) during the 12-month period ending when the voluntary enhanced income management agreement is to come into force, there were 4 occasions on which previous voluntary enhanced income management agreements relating to the person were terminated under subsection 123SH(3).
123SG Duration of voluntary enhanced income management agreement
(1) A voluntary enhanced income management agreement in relation to a person:
(a) comes into force at the time specified in the agreement, so long as:
(i) at that time, the person is an eligible recipient of a category F welfare payment; and
(ii) at that time, the person's usual place of residence is within the Ceduna area, the East Kimberley area, the Goldfields area or the Bundaberg and Hervey Bay area; and
(iii) if, at that time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and
(iv) at that time, the person is not subject to the income management regime under Part 3B; and
(b) remains in force until:
(i) it is terminated under section 123SH, unless subparagraph (ii) applies; or
(ii) if the agreement specifies a period (which must be at least 13 weeks) during which it is to remain in force, and the agreement has not been terminated under section 123SH before the end of that period—the end of that period.
(2) If a voluntary enhanced income management agreement (the original agreement ) in relation to a person is in force, subsection (1) does not prevent the Secretary from entering into a new voluntary enhanced income management agreement with the person, so long as the new agreement is expressed to come into force immediately after the original agreement ceases to be in force.
(3) If a voluntary enhanced income management agreement in relation to a person has ceased to be in force, subsection (1) does not prevent the Secretary from entering into a new voluntary enhanced income management agreement with the person.
123SH Termination of voluntary enhanced income management agreement
Termination by request
(1) If a voluntary enhanced income management agreement in relation to a person is in force, the person may, by written notice given to the Secretary, request the Secretary to terminate the agreement.
(2) However, a person may make a request under subsection (1) only if the agreement has been in force for at least 13 weeks.
(3) The Secretary must comply with a request made in accordance with subsections (1) and (2) by terminating the agreement as soon as practicable after receiving the request.
Other ground s for termination
(4) If:
(a) a voluntary enhanced income management agreement in relation to a person is in force; and
(b) either of the following events occurs:
(i) the person ceases to be an eligible recipient of a category F welfare payment;
(ii) in a case where the person has a Part 3B payment nominee—that nominee ceases to be subject to the enhanced income management regime or ceases to be subject to the income management regime (within the meaning of Part 3B);
the Secretary must terminate the agreement as soon as practicable after the occurrence of the event.
Limit on new voluntary enhanced income management agreements
(5) If a voluntary enhanced income management agreement in relation to a person is terminated under this section, the Secretary must not enter into another voluntary enhanced income management agreement with the person within 21 days after the termination.
48M Before Division 4 of Part 3AA
Insert:
Subdivision C — Persons subject to the enhanced income management regime — volunteers
123SP Cat egory G welfare payment to be split into qualified and unqualified portions
Payments by instalments
(1) If an instalment of a category G welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SE:
(a) the percentage of the gross amount of the payment that is qualified (the qualified portion ) is 50%; and
(b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion ) is 50%.
Note: The percentage may be varied under subsection (3).
Payments otherwise than by instalments
(2) If a category G welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SE, 100% of the gross amount of the payment is qualified (the qualified portion ).
Note: The percentage may be varied under subsection (3).
Variation by Secretary
(3) For a person who is subject to the enhanced income management regime under section 123SE, the Secretary may make a determination that:
(a) varies the percentage applicable under paragraph (1)(a) to 0%; and
(b) varies the percentage applicable under paragraph (1)(b) to 100%; and
(c) varies the percentage applicable under subsection (2) to 0%.
(4) The Secretary may make a determination under subsection (3) only if:
(a) the Secretary is satisfied that the person is unable to use the person's debit card that was issued to the person and that is attached to the person's BasicsCard bank account, or is unable to access that account, as a direct result of:
(i) a technological fault or malfunction with that card or account; or
(ii) a natural disaster; or
(iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020 ) is in force—an emergency to which the declaration relates; or
(b) the person's category G welfare payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:
(i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or
(ii) under a determination under subsection 51(1).
(5) A determination under subsection (3) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).
(6) A determination under subsection (3) is not a legislative instrument.
123SQ Payment of balance of qualified portion of category G welfare payment
If a category G welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SE, the Secretary must pay the balance of the qualified portion of the payment to the credit of a BasicsCard bank account maintained by the person.
123SR Recipient's use of funds from category G welfare payments
A person who receives a category G welfare payment:
(a) may use the balance of the qualified portion of the payment, as paid under section 123SQ, to obtain goods or services, other than:
(i) excluded goods or excluded services; or
(ii) a cash-like product that could be used to obtain excluded goods or excluded services; and
(b) may use the unqualified portion of the payment, as paid to the person, at the person's discretion.
That the question be put.
(1) Clause 2, page 2 (at the end of the table), add:
(2) Page 18 (after line 6), at the end of the Bill, add:
Schedule 2 — Obligations of Minister: Local services plan
1 Definitions
(1) In this Schedule:
plan area means any of the following:
(a) the Ceduna area;
(b) the East Kimberley area;
(c) the Goldfields area;
(d) the Bundaberg and Hervey Bay area.
publication deadline means the day that is 6 months after the day that this Schedule commences.
(2) An expression that is used in Part 3D of the Social Security (Administration) Act 1999 as in force immediately before this item commences, has the same meaning, when used in this Schedule, as in that Part.
2 Local services plans
(1) The Minister must, for each plan area, prepare a written plan (a local services plan ) for:
(a) improving community services in the area; and
(b) addressing social issues in the area.
(2) In preparing a local services plan for a plan area, the Minister must:
(a) have regard to the principle that the plan should prioritise evidence-based local investments; and
(b) cause consultation to occur with the following:
(i) community organisations, including First Nations organisations, that operate in the area;
(ii) health services that operate in the area;
(iii) businesses that operate in the area;
(iv) the State in which the area is located;
(v) each relevant local council.
(3) The Minister must cause the local services plan for each plan area to be:
(a) published on the Department's website on or before the publication deadline; and
(b) tabled in each House of the Parliament within 7 sitting days of that House after the plan is published under paragraph (a).
(4) A local services plan:
(a) is not a legislative instrument; and
(b) does not affect any legal rights, liabilities or duties.
(3) Page 18, at the end of the Bill (at the end of proposed Schedule 2), add:
Schedule 2A — Obligations of Minister: Cost of scheme
1 Definitions
(1) In this Schedule:
cashless debit card scheme means the cashless welfare arrangements established by Part 3D of theSocial Security (Administration) Act 1999 .
publication deadline means the day that is 6 months after the day that this Schedule commences.
(2) An expression that is used in Part 3D of the Social Security (Administration) Act 1999 as in force immediately before this item commences, has the same meaning, when used in this Schedule, as in that Part.
2 Cost of cashless debit card scheme
(1) The Minister must prepare a written estimate of the full cost to the Commonwealth of the operation of the cashless debit card scheme.
(2) The Minister must cause the estimate to be:
(a) published on the Department's website on or before the publication deadline; and
(b) tabled in each House of the Parliament within 7 sitting days of that House after the estimate is published under paragraph (a).
(1) Clause 2, page 2 (at the end of the table), add:
(2) Clause 2, page 2 (at the end of the table), add:
(3) Page 18 (after line 6), at the end of the Bill, add:
Schedule 3 — Cessation of income management
Part 1 — Amendments
Social Security (Administration) Act 1999
1 After Part 3D
Insert:
Part 3E — Ceasing to be subject to income management or cashless welfare arrangements
124PT Definitions
In this Part:
program participant has the same meaning as in Part 3D.
subject to the enhanced income management regime has the same meaning as in Part 3AA.
subject to the income management regime has the same meaning as in Part 3B.
124PU Ceasing to be subject to the enh anced income management regime
(1) A person who is subject to the enhanced income management regime may make a request to the Secretary to cease to be subject to the enhanced income management regime. The request cannot be withdrawn or revoked.
(2) If the person does so, the Secretary must give the person a notice stating that the person ceases to be subject to the enhanced income management regime. The notice comes into force on a day specified in the notice (which must be no later than 7 days after the day on which the request was made).
(3) A notice under subsection (2) has effect accordingly.
(4) A notice under subsection (2) is not a legislative instrument.
124PV Ceasing to be subject to the income management regime
(1) A person who is subject to the income management regime may make a request to the Secretary to cease to be subject to the enhanced income management regime. The request cannot be withdrawn or revoked.
(2) If the person does so, the Secretary must give the person a notice stating that the person ceases to be subject to the income management regime. The notice comes into force on a day specified in the notice (which must be no later than 7 days after the day on which the request was made).
(3) A notice under subsection (2) has effect accordingly.
(4) A notice under subsection (2) is not a legislative instrument.
124PW Ceasing to be subject to cashless welfare arrangements
(1) A person who is a program participant may make a request to the Secretary to cease to be a program participant. The request cannot be withdrawn or revoked.
(2) If the person does so, the Secretary must give the person a notice stating that the person ceases to be a program participant. The notice comes into force on a day specified in the notice (which must be no later than 7 days after the day on which the request was made).
(3) A notice under subsection (2) has effect accordingly.
(4) A notice under subsection (2) is not a legislative instrument.
124PX This Part has effect despite other provisions etc.
This Part has effect despite anything in:
(a) any other provision of this Act; or
(b) the 1991 Act; or
(c) the Family Assistance Act; or
(d) the Family Assistance Administration Act.
Part 2 — Repeals
Social Security (Administration) Act 1999
2 Section 123SB
Repeal the following definitions:
(a) definition of balance of the qualified portion , of acategory B welfare payment;
(b) definition of balance of the qualified portion , of acategory D welfare payment;
(c) definition of category A welfare payment ;
(d) definition of cat egory B welfare payment ;
(e) definition of category C welfare payment ;
(f) definition of category D welfare payment ;
(g) definition of exempt welfare payment recipient ;
(h) definition of qualified portion , of a category B welfare payment;
(i) definition of qualified portion , of a category D welfare payment;
(j) definition of Queensland Commission ;
(k) definition of unqualified portion , of a category B welfare payment;
(l) definition of unqualified portion , of a category D welfare payment.
3 Sections 123SC and 123SD
Repeal the sections.
4 Subdivisions A and B of Division 3 of Part 3AA
Repeal the Subdivisions.
5 Section 123ST
Repeal the section.
6 Transitional rules
(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.
(2) To avoid doubt, the rules may not do the following:
(a) create and offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of the Act.
(4) Page 18, at the end of the Bill (after proposed Schedule 3), add:
Schedule 4 — Obligations of Minister
1 Definitions
(1) In this Schedule:
compulsory income management area means an area in which persons are:
(a) subject to the enhanced income management regime within the meaning of Part 3AA of the Social Security (Administration) Act 1999 ; or
(b) subject to the income management regime within the meaning of Part 3B of the Social Security (Administration) Act 1999 .
publication deadline means the day that is 6 months after the day that this Schedule commences.
(2) An expression that is used in Part 3AA or 3B of the Social Security (Administration) Act 1999 , as in force immediately before this item commences, has the same meaning, when used in this Schedule, as in that Part.
2 Local services plans
(1) The Minister must, for each compulsory income management area, prepare a written plan (a local services plan ) for:
(a) improving community services in the area; and
(b) addressing social issues in the area.
(2) In preparing a local services plan for a compulsory income management area, the Minister must:
(a) have regard to the principle that the plan should prioritise evidence-based local investments; and
(b) cause consultation to occur with the following:
(i) community organisations, including First Nations organisations, that operate in the area;
(ii) health services that operate in the area;
(iii) businesses that operate in the area;
(iv) the State in which the area is located;
(v) each relevant local council.
(4) The Minister must cause the local services plan for a compulsory income management area to be:
(a) published on the Department's website on or before the publication deadline; and
(b) tabled in each House of the Parliament within 7 sitting days of that House after the plan is published under paragraph (a).
(5) A local services plan:
(a) is not a legislative instrument; and
(b) does not affect any legal rights, liabilities or duties.
The committee divided. [22:56]
(The Temporary Chair—Senator Reynolds)
The committee divided. [23:05]
(The Temporary Chair—Senator Reynolds)
That this bill be now read a third time.
The Senate divided. [23:09]
(The President—Senator Lines)