Counter Terrorism Legislation Amendment (Foreign Fighters) Act 2014 (116 of 2014)

Schedule 2   Stopping welfare payments

Part 1   Main amendments

A New Tax System (Family Assistance) Act 1999

2   At the end of Part 3

Add:

Division 7 - Loss of family assistance for individuals on security grounds

57GH Simplified outline of this Division

Individuals who might prejudice the security of Australia or a foreign country may lose family assistance.

57GI Loss of family assistance for individuals on security grounds

Security notice for recipient of family assistance

(1) If a security notice is given to the Minister in relation to an individual, then while the notice is in force:

(a) no family assistance is to be paid to the individual; and

(b) the individual is not eligible for family assistance.

Note 1: A security notice is a notice under section 57GJ.

Note 2: This Division does not apply in relation to child care benefit or child care rebate: see section 57GQ.

(2) If a security notice is given to the Minister in relation to an individual, then any determination that the individual is entitled to be paid family assistance, that is in force immediately before the day the notice comes into force, ceases to be in force on that day.

(3) If a security notice given to the Minister in relation to an individual ceases to be in force, then the individual is not eligible for family assistance for any day while the notice was in force.

(4) However, if:

(a) a security notice given to the Minister in relation to an individual recommends that payments of family assistance of the individual be paid to a payment nominee of the individual under Part 8B of the Family Assistance Administration Act; and

(b) apart from subsections (1) to (3), the individual would be eligible for the whole or a part of that family assistance;

then that whole or part may be paid to a payment nominee of the individual under that Part.

(5) For the purposes of subsection (4), paragraph 219TD(2)(b) of the Family Assistance Administration Act does not apply.

(6) For the purposes of subsection (4), section 219TN of the Family Assistance Administration Act does not apply. Instead, any amount paid to a payment nominee of the individual is to be applied by the nominee in accordance with a written direction given by the Secretary under this subsection.

Security notice for individual in respect of whom family assistance payable

(7) If:

(a) a security notice is given to the Minister in relation to an individual; and

(b) the individual is aged 19 or less on the day the notice is given;

then, for any day while the notice is or was in force, the individual cannot be an FTB child of another individual, cannot be a regular care child of another individual and cannot be a client of an approved care organisation.

Relationship with other provisions

(8) Subsections (1) to (7) have effect despite any other provision of the family assistance law.

Notification to individual

(9) If a determination in relation to an individual ceases to be in force because of subsection (2), the Secretary must cause reasonable steps to be taken to notify the individual of the cessation.

57GJ Security notice from Attorney-General

(1) The Attorney-General may give the Minister a written notice requiring that this Division apply in relation to a specified individual if:

(a) the Foreign Affairs Minister gives the Attorney-General a notice under section 57GK in relation to the individual; or

(b) the Immigration Minister gives the Attorney-General a notice under section 57GL in relation to the individual.

(2) A notice under this section may recommend that payments of family assistance of the individual, to the extent set out in the notice, be paid to a payment nominee of the individual under Part 8B of the Family Assistance Administration Act.

(3) Before giving a notice under this section, the Attorney-General must have regard to the following:

(a) the extent (if any) that any payments of family assistance of the individual 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 57GI on the individual’s dependants, if the Attorney-General is aware of those dependants.

(4) The Attorney-General’s Secretary must:

(a) seek the advice of the Human Services Secretary in relation to paragraph (3)(b); and

(b) inform the Attorney-General of that advice.

(5) Subsection (3) does not limit the matters to which regard may be had.

57GK 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 an individual an Australian passport; or

(ii) under section 22 of that Act, the Foreign Affairs Minister cancels an individual’s Australian passport; and

(b) the refusal or cancellation was because of a refusal/cancellation request made in relation to the individual 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.

57GL Notice from Immigration Minister

If:

(a) the Immigration Minister cancels an individual’s visa under section 116 or 128 of the Migration Act 1958 because of an assessment by the Australian Security Intelligence Organisation that the individual 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 an individual’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 an individual’s visa under section 501 of the Migration Act 1958 and there is an assessment by the Australian Security Intelligence Organisation that the individual 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.

57GM 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.

57GN 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.

57GNA 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.

57GO 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 determination in relation to an individual ceases to be in force because of subsection 57GI(2); 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 individual of the revocation.

57GP Notices may contain personal information

A notice under this Division in relation to an individual may contain personal information about the individual.

57GQ This Division does not apply to child care benefit or child care rebate

This Division does not apply in relation to child care benefit or child care rebate.

57GR Certain decisions not decisions of officers

For the purposes of Part 5 of the Family Assistance Administration Act, the following decisions are taken not to be decisions of an officer under the family assistance law:

(a) any decision under this Division;

(b) any decision under Part 8B of that Act to pay, or not to pay, an amount of family assistance as mentioned in subsection 57GI(4) of this Act;

(c) any decision under Part 8B of that Act that is related to a decision mentioned in paragraph (b).

57GS Instruments not legislative instruments

The following are not legislative instruments:

(a) a notice under this Division;

(b) a direction under subsection 57GI(6).