Explanatory Memorandum
(Circulated by the Authority of the Minister for Social Security, Senator the Hon Jocelyn Newman)OUTLINE AND FINANCIAL IMPACT STATEMENT
This Bill repeals the sunset clause in the Data-matching Program (Assistance and Tax) Act 1990, which is due to take effect on 22 January 1999.
| Date of effect: | Royal Assent | |
| Financial Impact: | If the sunset clause were to take effect on 22 January 1999 and the Data-matching Program ceased, the loss to Government savings would be | |
| 1998-99 | $40.67m | |
| 1999-00 | $142.86m | |
| 2000-01 | $186.34m | |
| 2001-02 | $199.04m | |
1. Summary of proposed changes
The amendments contained in Schedule 1 amend the Data-matching Program (Assistance and Tax) Act 1990 (the Data-matching Act) to repeal the sunset clause.
2. Background
The Data-matching Program is conducted under the Data-matching Act. When it was enacted, the Data-matching Act was originally given two years of operation, with a sunset clause to take effect in January 1993. The sunset clause (section 21) has, however, been extended by the Parliament on three occasions. Most recently, the operation of the Data-matching Act was extended to January 1999 (by the Social Security Legislation Amendment (Carer Pension and Other Measures) Act 1995 ).
After seven years of operation, the Data-matching Program has achieved, and will continue to achieve, substantial savings in public expenditure. It has been conducted under the Privacy Commissioner's scrutiny with careful regard for individual privacy and is an important control on personal financial assistance schemes, helping to keep them free of abuse and fraud. Accordingly, the Data-matching Act is amended to remove the sunset clause.
3. Schedule and clauses involved in the changes
- Clause 1:
- sets out how the amending Act is to be cited.
- Clause 2:
- specifies the commencement date as the date of Royal Assent.
- Clause 3:
- provides for the Data-matching Act to be amended in accordance with the items in Schedule 1.
- Schedule 1:
- Items 1 and 2:
- amend the Data-matching Program (Assistance and Tax) Act 1990 (the Data-matching Act).
- Item 1:
- repeals the existing sunset clause at section 21.
- Item 2:
- specifies the application of the amendments made in Schedule 1 to Data-matching Program cycles completed before and after the commencement of this Act.
4. Explanation of the changes
Section 21 of the Data-Matching Act contains the sunset clause. It specifies that the Data-matching Act is to cease operation on 22 January 1999. Item 1 repeals section 21.
Item 2 specifies that the amendments apply to Data-matching Program cycles begun before and after the commencement of this Act, that is the date of Royal Assent. This will ensure that agencies will be able to act upon data-matching results that may have been obtained prior to the commencement of the amending legislation, even if that is after the existing sunset clause date of 22 January 1999.
5. Commencement
These amendments will commence on the date of Royal Assent.