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senate vote 2020-12-09#22
Edited by
mackay staff
on
2020-12-18 12:35:09
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Title
Bills — Social Security (Administration) Amendment (Continuation of Cashless Welfare) Bill 2020; in Committee- Social Security (Administration) Amendment (Continuation of Cashless Welfare) Bill 2020 - in Committee
Description
<p class="speaker">Sue Lines</p><p>The question now is that amendments (2) to (8) on sheet TK264 and amendments (1) and (2) on sheet TK265 circulated by the government be agreed to.</p><p class="italic"> <i>Government's circulated amendments—</i></p>- The majority voted to agree to amendments (2) to (8) on [sheet TK264](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6608_amend_60487791-2493-41f8-a738-959f69574fc2%22;rec=0) and (1) and (2) on [sheet TK265](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6608_amend_e38ce0fa-ec79-4add-9a72-3bb70eaef46a%22;rec=0), which means they succeeded. These amendments related to income management in the Northern Territory.
- SA Senator [Anne Ruston](https://theyvoteforyou.org.au/people/senate/sa/anne_ruston) (Liberal) [explained that](https://www.openaustralia.org.au/senate/?gid=2020-12-09.205.7):
- > *This amendment seeks to make the transition from the income management scheme in the Northern Territory, from the BasicsCard to the cashless debit card, a voluntary scheme. It will allow those people who are currently on the BasicsCard in the Northern Territory who wish to transition to the cashless debit card to do so as a voluntary scheme. If they choose to remain on the BasicsCard they will also be able to do that.*
- Though SA Senator [Penny Wong](https://theyvoteforyou.org.au/people/senate/sa/penny_wong) (Labor) [argued that](https://www.openaustralia.org.au/senate/?gid=2020-12-09.206.1):
- > *I just want to take issue with one of the things the minister said, because she asserted that this would somehow make this all voluntary. Well, it won't. The amendment will effectively make it a Hobson's choice between a grey card and a green card. So Labor isn't supporting the government's amendment, because it isn't making income management voluntary. What it is doing is simply providing a choice of a different coloured piece of plastic.*
- ### More about the bill
- The [bill was introduced](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2021a/21bd033) "*to establish the [Cashless Debit Card](https://en.wikipedia.org/wiki/Cashless_Welfare_Card) (CDC) as an ongoing program rather than a time-limited trial*". The CDC program is controversial for many reasons, not least the [limited evidence](https://www.abc.net.au/news/2020-11-16/little-data-cashless-debit-card-effective-unisa-researcher-says/12887258) that it is benefiting the communities where it is currently in operation.
- Read more about the program and what the bill does in the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2021a/21bd033).
<p>SHEET TK264</p><p class="italic">(2) Schedule 1, page 11 (before line 3), before item 50, insert:</p><p class="italic">49A Section 123TC (paragraph (b) of the definition of excluded Part 3B payment nominee)</p><p class="italic">Repeal the paragraph, substitute:</p><p class="italic">(b) a Part 3B payment nominee who:</p><p class="italic">(i) is not subject to the income management regime; and</p><p class="italic">(ii) is not a program participant under Part 3D.</p><p class="italic">(3) Schedule 1, item 74, page 17 (lines 13 to 15), omit paragraph 124PGE(1)(f), substitute:</p><p class="italic">(f) the person has made a request under subsection (4A) to become a program participant under this section; and</p><p class="italic">(fa) the Secretary has given the person a notice under subsection (5) stating that the person is a program participant under this section and the notice is in force; and</p><p class="italic">(fb) one of the following applies:</p><p class="italic">(i) the person was subject to the income management regime under section 123UCB or 123UCC on the day before the notice given by the Secretary under subsection (5) of this section came into force;</p><p class="italic">(ii) the person has previously been a program participant under subsection (2) of this section and a notice of a kind referred to in paragraph (2)(d) of this section is not in force in relation to the person;</p><p class="italic">(iii) the person has previously been a program participant under subsection (3) of this section but is no longer such a participant; and</p><p class="italic">(4) Schedule 1, item 74, page 18 (lines 6 to 8), omit paragraph 124PGE(2)(h), substitute:</p><p class="italic">(h) the person has made a request under subsection (4A) to become a program participant under this section; and</p><p class="italic">(ha) the Secretary has given the person a notice under subsection (5) stating that the person is a program participant under this section and the notice is in force; and</p><p class="italic">(hb) the person was subject to the income management regime under section 123UC or 123UFAA on the day before the notice given by the Secretary under subsection (5) of this section came into force; and</p><p class="italic">(5) Schedule 1, item 74, page 18 (lines 25 to 27), omit paragraph 124PGE(3)(g), substitute:</p><p class="italic">(g) the person has made a request under subsection (4A) to become a program participant under this section; and</p><p class="italic">(ga) the Secretary has given the person a notice under subsection (5) stating that the person is a program participant under this section and the notice is in force; and</p><p class="italic">(gb) the person was subject to the income management regime under section 123UCA on the day before the notice given by the Secretary under subsection (5) of this section came into force; and</p><p class="italic">(6) Schedule 1, item 74, page 18 (after line 36), after subsection 124PGE(4), insert:</p><p class="italic"> <i>Person's request</i></p><p class="italic">(4A) A person may make a request to the Secretary to become a program participant under this section.</p><p class="italic">(4B) A request under subsection (4A) cannot be withdrawn or revoked.</p><p class="italic">(7) Schedule 1, item 74, page 19 (line 3), omit "subsection (1), (2) or (3)", substitute "this section".</p><p class="italic">(8) Schedule 1, item 74, page 19 (after line 10), at the end of section 124PGE, add:</p><p class="italic"> <i>Continuity of requests and notices</i></p><p class="italic">(8) If:</p><p class="italic">(a) a person makes a request under subsection (4A); or</p><p class="italic">(b) the Secretary gives a person a notice under subsection (5) and has not revoked the notice;</p><p class="italic">the continuity of the request or notice is not affected by the person ceasing to be a program participant under subsection (1), (2) or (3) for a period.</p><p>SHEET TK265</p><p class="italic">(1) Schedule 1, item 16, page 5 (lines 16 and 17), omit the item, substitute:</p><p class="italic">16 Section 124PF</p><p class="italic">Repeal the section, substitute:</p><p class="italic">124PF Sunset provision</p><p class="italic">(1) This Part ceases to have effect at the end of 31 December 2022.</p><p class="italic">(2) Despite subsection (1), at any time before 1 July 2023, the Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to that cessation.</p><p class="italic">(3) The rules must not provide for the crediting of amounts to welfare restricted bank accounts after 31 December 2022.</p><p class="italic">(4) For a person who was a program participant under section 124PGE immediately before that cessation, the rules may make provision for and in relation to that person becoming subject to the income management regime under Part 3B on and after 1 January 2023.</p><p class="italic">(5) To avoid doubt, the rules may not do the following:</p><p class="italic">(a) create an offence or civil penalty;</p><p class="italic">(b) provide powers of:</p><p class="italic">(i) arrest or detention; or</p><p class="italic">(ii) entry, search or seizure;</p><p class="italic">(c) impose a tax;</p><p class="italic">(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;</p><p class="italic">(e) directly amend the text of this Act.</p><p class="italic">(2) Schedule 1, item 52, page 12 (line 25), at the end of subsection 123UP(4), add "and before 1 January 2023".</p>
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