Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Hansard source

I seek leave to move government amendments (1) to (16) on Sheet ZA181 together, noting that the question on some items will be put separately to enable the question that some items stand as printed.

Leave granted.

I move government amendments (1) to (16) on sheet ZA181 together:

(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 (the test 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 (the test 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.

The government's amendments allow for an enhanced technology option to provide a modern user experience for Northern Territory participants. It does not move any new people in the Northern Territory onto income management that otherwise wouldn't be the subject of the BasicsCard.