House of Representatives

Social Services and Other Legislation Amendment (Simplifying Income Reporting and Other Measures) Bill 2020

Explanatory Memorandum

(Circulated by the authority of the Minister for Families and Social Services, Senator the Hon Anne Ruston)

The 'social security law' is defined in subsections 23(17) and (18) of the Social Security Act as follows:
(17) A reference in this [Social Security Act] to the social security law is a reference to this Act, the [Social Security Administration Act] and any other Act that is expressed to form part of the social security law.
(18) A reference in this [Social Security Act] to a provision of the social security law is a reference to a provision of this Act, the [Social Security Administration Act] or any other Act that is expressed to form part of the social security law.

Section 3 of the Family Assistance Administration Act defines the 'family assistance law' as follows:
family assistance law means any one or more of the following :

(a)
this [Family Assistance Administration Act];
(b)
the Family Assistance Act;
(c)
any instrument (including regulations) made under this Act or the Family Assistance Act;
(d)
Schedules 5 and 6 to the A New Tax System (Family Assistance and Related Measures) Act 2000.

The 'social security law' is defined in subsections 23(17) and (18) of the Social Security Act as follows:
(17) A reference in this [Social Security Act] to the social security law is a reference to this Act, the [Social Security Administration Act] and any other Act that is expressed to form part of the social security law.
(18) A reference in this [Social Security Act] to a provision of the social security law is a reference to a provision of this Act, the [Social Security Administration Act] or any other Act that is expressed to form part of the social security law.

Section 3 of the Family Assistance Administration Act defines the 'family assistance law' as follows:
family assistance law means any one or more of the following :

(a)
this [Family Assistance Administration Act];
(b)
the Family Assistance Act;
(c)
any instrument (including regulations) made under this Act or the Family Assistance Act;
(d)
Schedules 5 and 6 to the A New Tax System (Family Assistance and Related Measures) Act 2000.

Committee on Economic, General Comment No 19: The right to social security (art 9) , 39th sess, UN Doc E/C.12/GC/19 (4 February 2008), [10]-[27].

Committee on Economic, General Comment No 19: The right to social security (art 9) , 39th sess, UN Doc E/C.12/GC/19 (4 February 2008), [24].

Human Rights Committee, General Comment No 16: Article 17 (Right to privacy) , 32nd sess UN Doc HRI/GEN/1/Rev 6 (8 April 1988), [10].

Human Rights Committee, General Comment No 16: Article 17 (Right to privacy) , 32nd sess UN Doc HRI/GEN/1/Rev 6 (8 April 1988). See also Manfred Nowak, UN Covenant on Civil and Political Rights : CCPR Commentary (Engel Services, 2nd ed, 2005), 383.

New section 162A of the Family Assistance Administration Act (inserted by item 78 of Schedule 1 to the Bill), new section 202A of the Social Security Administration Act (inserted by item 90 of Schedule 1 to the Bill) and new section 351A of the Student Assistance Act (inserted by item 100 of Schedule 1 to the Bill).

See existing sections 163 and 164 of the Family Assistance Administration Act, existing sections 203 and 204 of the Social Security Administration Act, and sections 352 and 353 of the Student Assistance Act.


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