Social Services Legislation Amendment (Portability Extensions) Act 2021 (Cth)

Social Services Legislation Amendment (Portability Extensions) Act 2021

No. 53, 2021

An Act to amend the law relating to social security, and for related purposes

Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Amendments Social Security Act 1991 Social Security (Administration) Act 1999 Social Services and Other Legislation Amendment Act 2014

Social Services Legislation Amendment (Portability Extensions) Act 2021 No. 53, 2021

An Act to amend the law relating to social security, and for related purposes

[Assented to 24 June 2021]

The Parliament of Australia enacts:

1 Short title This Act is the Social Services Legislation Amendment (Portability Extensions) Act 2021.

2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this Act 1 July 2021. 1 July 2021

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Social Security Act 1991

1 Subsections 1216(2) and (3) Repeal the subsections, substitute: (2) If: (a) the Secretary is satisfied that the person's absence from Australia is temporary; and (b) the Secretary is satisfied that the person is unable to return to Australia before the end of the 26 weeks mentioned in paragraph (1)(a) because of an event referred to in subsection (3); the Secretary may, in relation to the person, determine that a reference to 26 weeks in paragraph (1)(a) is taken to be a reference to another number of weeks. (3) The events are the following: (a) a serious accident involving the person or a family member of the person; (b) a serious illness of the person or a family member of the person; (c) the hospitalisation of the person or a family member of the person; (d) the death of a family member of the person; (e) the person's involvement in custody proceedings in the country in which the person is located; (f) a legal requirement for the person to remain outside Australia in connection with criminal proceedings (other than criminal proceedings in respect of a crime alleged to have been committed by the person); (g) robbery or serious crime committed against the person or a family member of the person; (h) a natural disaster in the country in which the person is located; (i) a public health crisis affecting Australia or the country in which the person is located or both; (j) political or social unrest in the country in which the person is located; (k) industrial action in the country in which the person is located; (l) a war in the country in which the person is located. (4) The Secretary must not make a determination under subsection (2) unless: (a) the event occurred or began during the period of absence; and (b) if the event is political or social unrest, industrial action or war—the person is not willingly involved in, or willingly participating in, the event. (5) If the Secretary determines another number (the new number) of weeks under subsection (2), then, immediately after that determination is made, a reference to a number of weeks in paragraph (1)(a), and each reference to a number of weeks in subsection (2), is taken to be a reference to that new number.