22nd Jun 2023, 1:13 PM – Senate Social Security (Administration) Amendment (Income Management Reform) Bill 2023 - in Committee - Sunset clause

The majority voted against an amendment introduced by Victorian Senator Janet Rice (Greens), which means it failed.

What did this amendment do?

Senator Rice explained that:

This amendment would insert a sunset clause into this legislation, which would fulfil the Labor Party's policy of ending compulsory income management. Labor went to the election saying that they were committed to an end to compulsory income management.

Amendment text

(1) Page 66 (after line 14), at the end of the Bill, add:

Schedule 3 — Sunsetting of compulsory enhanced income management and compulsory income management

Social Security (Administration) Act 1999

1 After section 123SW

Insert:

123SX Sunsetting of compulsory enhanced income management

(1) The following provisions cease to be in force at the start of 24 March 2025:

(a) Subdivisions A to F and H of Division 2 of this Part;

(b) Subdivisions A to B of Division 3 of this Part.

(2) At any time before 24 March 2026, the Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of the provisions mentioned in subsection (1) ceasing to be in force.

(3) To avoid doubt, the rules may not do the following:

(a) create an 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.

2 After section 123ZO

Insert:

123ZP Sunsetting of compulsory income management

(1) The following provisions cease to be in force at the start of 24 March 2025:

(a) sections 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF and 123UFAA;

(b) Subdivisions BA, BB and C of Division 2 of this Part;

(c) Subdivisions B to DAA of Division 5 of this Part.

(2) At any time before 24 March 2025, the Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of the provisions mentioned in subsection (1) 6ceasing to be in force.

(3) To avoid doubt, the rules may not do the following:

(a) create an 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.