Explanatory Memorandum
(Circulated by the authority of the Minister for Families and Social Services, Senator the Hon Anne Ruston)Schedule 1 - Amendments relating to social security
Summary
Schedule 1 amends the Social Security Administration Act so that the provisions that establish offences for providing false and misleading statements or documents capture circumstances when the information is not provided to a natural person. This will ensure that, for example, a recklessly false statement a person makes in an online claim that is assessed through an automated process can be a contravention of the offence provisions.
Schedule 1 commences the day after the Royal Assent.
Background
Sections 213 and 214 of the Social Security Administration Act are offences of making false or misleading statements, or presenting false or misleading documents, to an officer, where there is the element of recklessness.
Explanation of the changes
Social Security Administration Act
Item 1 amends section 213 so that it also prohibits a person from making a false statement that could deceive Services Australia generally, not just a particular officer.
Item 2 amends section 214 so that it also prohibits a person making a false or misleading statement, or presenting a false or misleading document, to Services Australia generally, not just to a particular officer.