Family and Community Services and Veterans' Affairs Legislation Amendment (2003 Budget and Other Measures) Act 2003 (122 of 2003)

Schedule 3   Assurances of support

Part 3   Application and transitional provisions

18   Application and transitional provisions

Application provisions for Chapter 2C of Social Security Act 1991

 

(1) Chapter 2C of the Social Security Act 1991 (as amended by this Schedule) applies in relation to:

(a) the giving of assurances of support (as defined in that Chapter) after the commencement of this Schedule; and

(b) the acceptance of assurances of support (as defined in that Chapter) given after the commencement of this Schedule; and

(c) the acceptance of assurances of support (as defined in Subdivision 2.7.2 of the Migration Regulations 1994) that:

(i) were given to the Minister (the Migration Minister ) administering the Migration Act 1958 before the commencement of this Schedule; and

(ii) the Migration Minister had neither accepted nor decided not to accept, before the commencement of this Schedule; and

(d) the effect of assurances of support accepted under that Chapter.

      

(2) That Chapter applies in relation to assurances of support described in paragraph (1)(c) as if they had been given to the Secretary under that Chapter.

Transitional provisions

      

(3) As soon as practicable after the commencement of this Schedule, the Migration Minister must give to the Secretary of the Department, for the purposes of the provisions of the social security law relating to assurances of support, all assurances of support described in paragraph (1)(c) and any information that the Migration Minister proposed to consider in deciding whether to accept the assurances.

Note: Subitem (3) requires the disclosure of personal information relevant to a decision whether to accept the assurances of support, so that the disclosure is not prevented by the Privacy Act 1988.

      

(4) The requirements in subsection 1061ZZGD(3) of the Social Security Act 1991 are taken to be met in relation to an assurance of support described in paragraph (1)(c) of this item if one or more persons who gave the assurance under the Migration Regulations 1994 complied with regulation 2.39 of those Regulations before the commencement of this Schedule.

Note: This may allow the Secretary of the Department to accept the assurance under Chapter 2C of the Social Security Act 1991, even though a security has not been given as required by subsection 1061ZZGD(3) of that Act, if one or more bonds were lodged in connection with the assurance under regulation 2.39 of the Migration Regulations 1994.

Application of some other amendments

      

(5) The amendments of the Social Security Act 1991 made by Part 2 of this Schedule apply in relation to assurance of support debts arising before, on or after the commencement of this Schedule. This does not limit the application of the definition of assurance of support included in section 23 of that Act by that Part.