Social Services Legislation Amendment (Welfare Reform) Act 2018 (26 of 2018)

Schedule 15   Targeted compliance framework

Part 3   Application and transitional provisions

40   Application of Division 3A of Part 3 of the Administration Act

Continued application for declared program participants

(1) The amendments made by this Schedule do not limit the continued effect, on and after the commencement of this item, of anything done before that commencement under the old compliance rules in relation to a person who is a declared program participant.

Limited continued application for persons who are not declared program participants

(2) The old compliance rules cease to apply, at the commencement of this item, in relation to a person who is not a declared program participant, even if a determination had been made under those rules for the person before that commencement.

(3) Without limiting subitem (2), if:

(a) the Secretary made a determination under the old compliance rules, before the commencement of this item, that results in a participation payment not being payable for a period for a person who is not a declared program participant; and

(b) the period has not ended as at that commencement;

then the period ends, by force of this subitem, immediately before that commencement, despite anything else in the old compliance rules.

(4) Despite subitem (2), if:

(a) the Secretary made a determination under the old compliance rules before the commencement of this item; and

(b) the determination would, apart from subitem (2) and the amendments made by this Schedule, have resulted in a penalty amount being deducted from a person's instalment of a participation payment for one or more instalment periods ending after that commencement;

then the penalty amount must continue to be deducted after that commencement in accordance with the old compliance rules.

(5) If a penalty amount is deducted from an instalment in accordance with subitem (4), and the effect of the deduction is that the instalment is reduced to nil for an instalment period, the Secretary must not take action under section 42AF or 42AG of the Administration Act for a mutual obligation failure or a work refusal failure committed by the person during the instalment period.

(6) In this item:

old compliance rules means Division 3A of Part 3 of the Administration Act, as in force immediately before the commencement of this item.