Counter Terrorism Legislation Amendment (Foreign Fighters) Act 2014 (116 of 2014)
Schedule 2 Stopping welfare payments
Part 1 Main amendments
Social Security Act 1991
6 After Part 1.3A of Chapter 1
Insert:
Part 1.3B - Loss of social security payments and concessions for persons on security grounds
38L Simplified outline of this Part
Persons who might prejudice the security of Australia or a foreign country may lose social security payments or concession cards.
38M Loss of social security payments and concessions for persons on security grounds
(1) If a security notice is given to the Minister in relation to a person, then while the notice is in force:
(a) no social security payment is to be paid to the person; and
(b) the person is not qualified for a social security payment; and
(c) a social security payment is not payable to the person; and
(d) the person is not qualified for a concession card.
Note: A security notice is a notice under section 38N.
(2) If a security notice is given to the Minister in relation to a person, then any social security payment of the person is cancelled on the day the notice comes into force.
(3) If a security notice is given to the Minister in relation to a person, then any concession card the person holds is cancelled on the day the notice comes into force.
(4) If a security notice given to the Minister in relation to a person ceases to be in force, then for any day while the notice was in force:
(a) the person is not qualified for a social security payment; and
(b) a social security payment is not payable to the person; and
(c) the person is not qualified for a concession card.
(5) Subsections (1) to (4) have effect despite any other provision of the social security law.
(6) If a person’s social security payment is cancelled by subsection (2), or a person’s concession card is cancelled by subsection (3), the Secretary must cause reasonable steps to be taken to notify the person of the cancellation.
38N Security notice from Attorney-General
(1) The Attorney-General may give the Minister a written notice requiring that this Part apply in relation to a specified person if:
(a) the Foreign Affairs Minister gives the Attorney-General a notice under section 38P in relation to the person; or
(b) the Immigration Minister gives the Attorney-General a notice under section 38Q in relation to the person.
(2) Before giving a notice under this section, the Attorney-General must have regard to the following:
(a) the extent (if any) that any social security payments of the person are being, or may be, used for a purpose that might prejudice the security of Australia or a foreign country, if the Attorney-General is aware of that extent;
(b) the likely effect of the operation of section 38M on the person’s dependants, if the Attorney-General is aware of those dependants.
(3) The Attorney-General’s Secretary must:
(a) seek the advice of the Human Services Secretary in relation to paragraph (2)(b); and
(b) inform the Attorney-General of that advice.
(4) Subsection (2) does not limit the matters to which regard may be had.
38P Notice from Foreign Affairs Minister
If:
(a) either:
(i) under subsection 14(2) of the Australian Passports Act 2005, the Foreign Affairs Minister refuses to issue a person an Australian passport; or
(ii) under section 22 of that Act, the Foreign Affairs Minister cancels a person’s Australian passport; and
(b) the refusal or cancellation was because of a refusal/cancellation request made in relation to the person under subsection 14(1) of that Act; and
(c) the request was made on the basis of the circumstance mentioned in subparagraph 14(1)(a)(i) of that Act;
the Foreign Affairs Minister may give the Attorney-General a written notice setting out those matters.
38Q Notice from Immigration Minister
If:
(a) the Immigration Minister cancels a person’s visa under section 116 or 128 of the Migration Act 1958 because of an assessment by the Australian Security Intelligence Organisation that the person is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979); or
(b) the Immigration Minister cancels a person’s visa under section 134B of the Migration Act 1958 (emergency cancellation on security grounds) and decides not to revoke that cancellation under subsection 134C(3) of that Act; or
(c) the Immigration Minister cancels a person’s visa under section 501 of the Migration Act 1958 and there is an assessment by the Australian Security Intelligence Organisation that the person is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979);
the Immigration Minister may give the Attorney-General a written notice setting out those matters.
38R Copy of security notice to be given to Secretaries
The Minister must give a copy of a security notice to:
(a) the Secretary of the Department; and
(b) the Secretary of the Human Services Department.
38S Period security notice is in force
A security notice comes into force on the day it is given to the Minister, and remains in force until it is revoked.
38SA Annual review of security notice
Before the end of the following periods, the Attorney-General must consider whether to revoke a security notice (if it has not already been revoked):
(a) 12 months after it came into force;
(b) 12 months after the Attorney-General last considered whether to revoke it.
38T Revoking a security notice
(1) The Attorney-General may, by written notice given to the Minister, revoke a security notice.
(2) The revocation takes effect on the day it is made.
(3) The Minister must give a copy of a notice under subsection (1) to:
(a) the Secretary of the Department; and
(b) the Secretary of the Human Services Department.
(4) If:
(a) a person’s social security payment is cancelled by subsection 38M(2) or a person’s concession card is cancelled by subsection 38M(3); and
(b) the Attorney-General revokes the security notice concerned;
the Secretary of the Department must cause reasonable steps to be taken to notify the person of the revocation.
38U Notices may contain personal information
A notice under this Part in relation to a person may contain personal information (within the meaning of the Privacy Act 1988) about the person.
38V Decisions under Part not decisions of officers
For the purposes of Part 4 of the Administration Act, a decision under this Part is taken not to be a decision of an officer under the social security law.
38W Notices not legislative instruments
A notice under this Part is not a legislative instrument.