Commonwealth Numbered Acts

COMMONWEALTH SERVICES DELIVERY AGENCY (CONSEQUENTIAL AMENDMENTS) ACT 1997 No. 29 of 1997 - SCHEDULE 2

Schedule 2-Consequential amendments of other Acts
Child Support (Assessment) Act 1989 1 Subsection 91A(2)
Omit "agreement to the Secretary.", substitute: agreement to:

   (a)  the Secretary; or

   (b)  if the Secretary has delegated his or her powers under this section to
        the CEO or an employee of the Services Delivery Agency-to the CEO. 2
        Subsection 91A(6)
After "Social Security", insert "or, in accordance with service arrangements,
to the CEO or an employee of the Services Delivery Agency". 3 After subsection
149(1)
Insert:

(1AA) The Registrar may, in accordance with service arrangements, delegate in
writing all or any of his or her powers or functions under this Act to the CEO
or an employee of the Services Delivery Agency. 4 Subsection 150(1) (after
paragraph (b) of the definition of person to whom this section applies)
Insert:

   (ba) the CEO; or 5 Subsection 150(1) (at the end of paragraph (c) of the
        definition of person to whom this section applies)
Add:

   (iii) the Services Delivery Agency; or 6 After paragraph 150(3)(b)
Insert:

   (ba) to the CEO or an employee of the Services Delivery Agency for the
        purpose of the administration of this Act or of any other law of the
        Commonwealth relating to pensions, allowances or benefits; or
        Child Support (Registration and Collection) Act 1988 7 Subsection 4(1)
Insert:
CEO means the Chief Executive Officer of the Services Delivery Agency. 8
Subsection 4(1) (definition of employee)
Repeal the definition, substitute: employee:

   (a)  in relation to the Services Delivery Agency-has the same meaning as in
        the Commonwealth Services Delivery Agency Act 1997; or

   (b)  in any other case-means an employee within the meaning of Division 2
        of Part VI of the Income Tax Assessment Act 1936. 9 Subsection 4(1)
Insert:
service arrangements has the same meaning as in the Commonwealth  Services
Delivery Agency Act 1997 . 10 Subsection 4(1)
Insert:
Services Delivery Agency means the Commonwealth Services Delivery Agency
established by the Commonwealth Services Delivery Agency Act  1997 . 11 After
subsection 15(1)
Insert:

(1A) The Registrar may, in accordance with service arrangements, delegate, in
writing, all or any of his or her powers or functions under this Act to the
CEO or an employee of the Services Delivery Agency. 12 Subsection 16(1) (after
paragraph (b) of the definition of person to whom this section applies)
Insert:

   (ba) the CEO; or 13 Subsection 16(1) (at the end of paragraph (c) of the
        definition of person to whom this section applies)
Add:

   (iii) the Services Delivery Agency; or 14 After paragraph 16(3)(b)
Insert:

   (ba) to the CEO or an employee of the Services Delivery Agency, for the
        purpose of the administration of this Act or of any other law of the
        Commonwealth relating to pensions, allowances or benefits; or
        Data-matching Program (Assistance and Tax) Act 1990 15 Subsection 3(1)
        (at the end of the definition of assistance agency)
Add:
or (e) the Services Delivery Agency. 16 Subsection 3(1)
Insert:
CEO means the Chief Executive Officer of the Services Delivery Agency. 17
Subsection 3(1)
Insert:
employee, in relation to the Services Delivery Agency, has the same meaning as
in the Commonwealth Services Delivery Agency Act 1997. 18 Subsection 3(1)
(definition of matching agency)
Repeal the definition, substitute:
matching agency means:

   (a)  unless a direction under section 3A is in force-the officers of the
        Department of Social Security referred to in subsection 4(1); or

   (b)  if a direction under section 3A is in force-the employees of the
        Services Delivery Agency referred to in subsection 4(2). 19
        Subsection 3(1) (paragraph (b) of the definition of personal
        assistance)
After "Training", insert "or by the Services Delivery Agency". 20
Subsection 3(1) (paragraph (c) of the definition of personal assistance)
After "Security", insert "or by the Services Delivery Agency". 21
Subsection 3(1)
Insert:
Services Delivery Agency means the Commonwealth Services Delivery Agency
established by the Commonwealth Services Delivery Agency Act  1997 . 22 After
section 3
Insert: 3A Directions by Secretary to the Department of Social Security

(1) If:

   (a)  the Secretary to the Department of Social Security delegates to the
        CEO or an employee of the Services Delivery Agency all or any of the
        Secretary's powers under an Act; and

   (b)  as a result of the delegation it is not appropriate for the Department
        to be an assistance agency within the meaning of this Act; the
        Secretary may direct that despite subsection 3(1), while the direction
        remains in force, the Department is not taken to be an assistance
        agency.

(2) A direction has effect according to its terms.

(3) A direction comes into force on the day it is notified in the Gazette, or
on such later day as is specified in it, and remains in force until it is
revoked.

(4) A direction is a disallowable instrument for the purposes of section 46A
of the Acts Interpretation Act 1901. 23 At the end of section 4
Add:

(2) While a direction under section 3A is in force, the CEO is to ensure that
there are employees of the Services Delivery Agency who are responsible for
the matching of data under this Act. 24 Subsection 10(3A)
After "assistance agency", insert "that is a Department, the CEO". Defence
(Re-establishment) Act 1965 25 Section 46A
Insert:
CEO means the Chief Executive Officer of the Services Delivery Agency. 26
Section 46A
Insert:
employee, in relation to the Services Delivery Agency, has the same meaning as
in the Commonwealth Services Delivery Agency Act 1997. 27 Section 46A
Insert:
service arrangements has the same meaning as in the Commonwealth  Services
Delivery Agency Act 1997 . 28 Section 46A
Insert:
Services Delivery Agency means the Commonwealth Services Delivery Agency
established by the Commonwealth Services Delivery Agency Act  1997 . 29
Paragraph 49(b)
After "Secretary", insert "or the CEO, as the case requires,". 30 After
section 49
Insert: 49AA Delegation
The Secretary may, in accordance with service arrangements, delegate in
writing his or her powers under this Part to the CEO or an employee of the
Services Delivery Agency. 31 Section 49A
Insert:
CEO means the Chief Executive Officer of the Services Delivery Agency. 32
Section 49A
Insert:
employee, in relation to the Services Delivery Agency, has the same meaning as
in the Commonwealth Services Delivery Agency Act 1997. 33 Section 49A
Insert:
service arrangements has the same meaning as in the Commonwealth  Services
Delivery Agency Act 1997 . 34 Section 49A
Insert:
Services Delivery Agency means the Commonwealth Services Delivery Agency
established by the Commonwealth Services Delivery Agency Act  1997 . 35
Paragraph 49D(b)
After "Secretary", insert "or the CEO, as the case requires,". 36 After
section 49D
Insert: 49E Delegation
The Secretary may, in accordance with service arrangements, delegate in
writing his or her powers under this Part to the CEO or an employee of the
Services Delivery Agency. Employment Services Act 1994 37 Section 4
Insert:
employee, in relation to the Services Delivery Agency, has the same meaning as
in the Commonwealth Services Delivery Agency Act 1997. 38 Section 4
Insert:
service arrangements has the same meaning as in the Commonwealth  Services
Delivery Agency Act 1997 . 39 Section 4
Insert:
Services Delivery Agency means the Commonwealth Services Delivery Agency
established by the Commonwealth Services Delivery Agency Act  1997 . 40
Section 10
After "Department", insert "or by the Chief Executive Officer or an employee
of the Services Delivery Agency". 41 At the end of subsection 47(1)
Add "or, in accordance with service arrangements, to the Chief Executive
Officer or an employee of the Services Delivery Agency". 42 Section 146
After "Department", insert "or, in accordance with service arrangements, the
Chief Executive Officer or an employee of the Services Delivery Agency". 43 At
the end of paragraph 160(1)(a)
Add:

        (iv)   an office of the Services Delivery Agency; or
               Farm Household Support Act 1992 44 Subsection 3(2)
Insert:
Agency means the Commonwealth Services Delivery Agency established by the
Commonwealth Services Delivery Agency Act 1997. 45 Subsection 3(2)
Insert:
CEO means the Chief Executive Officer of the Agency. 46 Subsection 3(2)
Insert:
employee, in relation to the Agency, has the same meaning as in the
Commonwealth Services Delivery Agency Act 1997. 47 Subsection 3(2)
Insert:
service arrangements has the same meaning as in the Commonwealth  Services
Delivery Agency Act 1997 . 48 At the end of section 53
Add:

(3) The Secretary may, in accordance with service arrangements, delegate in
writing all or any of his or her powers under this Act to the CEO or an
employee of the Agency. 49 After section 53
Insert: 53A Delegation by Secretary: references to the Secretary and the
Department

(1) If the Secretary delegates to the CEO or an employee of the Agency a power
under this Act to require a person to produce or give to the Department any
document or information, the delegate may, in exercising the power, require
the person to produce or give the document or information to the Agency
instead of the Department.

(2) A person who produces or gives a document or information to the Agency in
compliance with a requirement by a delegate of the Secretary is to be treated
for all purposes as if the person had produced or given the document to the
Department in compliance with a requirement by the Secretary.

(3) A person who does not produce or give a document or information to the
Agency in compliance with a requirement by a delegate of the Secretary is to
be treated for all purposes as if the person had not produced or given the
document or information to the Department in compliance with a requirement by
the Secretary.

(4) If:

   (a)  the Secretary delegates to the CEO or an employee of the Agency all or
        any of the Secretary's powers under this Act; and

   (b)  the delegation makes a reference to the Secretary or the Department in
        another provision of this Act inappropriate, whether for
        administrative reasons or any other reason; the Secretary may direct
        that the provision is to have effect as if:

   (c)  the reference to the Secretary were a reference to the CEO; or

   (d)  a reference to the Department were a reference to the Agency; as the
        case requires.

(5) If the Secretary gives a direction in relation to a provision, the
provision has effect in accordance with the direction while the direction is
in force.

(6) A direction comes into force on the day it is notified in the Gazette, or
on such later day as is specified in it, and remains in force until it is
revoked.

(7) A direction is a disallowable instrument for the purposes of section 46A
of the Acts Interpretation Act 1901. Gift Duty Assessment Act 1941 50 At the
end of paragraphs 10(4)(a) and (b)
Add "and". 51 At the end of subsection 10(4)
Add:
; and (e) the Chief Executive Officer or an employee of the Commonwealth
Services Delivery Agency for the purpose of the administration of any law of
the Commonwealth relating to pensions. Health Insurance Act 1973 52
Subsection 3(1)
Insert:
CEO means the Chief Executive Officer of the Services Delivery Agency. 53
Subsection 3(1)
Insert:
employee, in relation to the Services Delivery Agency, has the same meaning as
in the Commonwealth Services Delivery Agency Act 1997. 54 Subsection 3(1)
Insert:
service arrangements has the same meaning as in the Commonwealth  Services
Delivery Agency Act 1997 . 55 Subsection 3(1)
Insert:
Services Delivery Agency means the Commonwealth Services Delivery Agency
established by the Commonwealth Services Delivery Agency Act  1997 . 56 At the
end of paragraph 130(6)(c)
Add "or". 57 After paragraph 130(6)(c)
Insert:

   (ca) the CEO or an employee of the Services Delivery Agency; or 58 At the
        end of paragraph 130(6)(d)
Add "or". 59 Paragraph 130(7)(e)
After "Social Security", insert "or to the CEO or an employee of the Services
Delivery Agency". 60 At the end of paragraphs 130(9)(a), (b) and (ba)
Add "or". 61 After paragraph 130(9)(a)
Insert:

   (aa) in the case of the CEO or an employee of the Services Delivery
        Agency-in the performance of powers or functions under an Act
        administered by the Minister for Social Security; or 62 Subsection
        130(10)
After "(9)(a),", insert "(aa),". 63 Subsection 130G(1)
After "office of", insert "CEO,". 64 Subsection 130G(1)
After "who is or was", insert "an employee of the Services Delivery Agency
or". 65 Subsection 130G(1)
Omit "or is or was an officer", substitute "or is or was such an employee or
officer". 66 After subsection 130J(1)
Insert:

(1A) The Secretary to the Department of Social Security may not delegate a
power to the CEO or an employee of the Services Delivery Agency except in
accordance with service arrangements. 67 After section 131
Insert: 131A Delegation by Secretary: references to the Secretary, the
Department etc.

(1) If the Secretary delegates to the CEO or an employee of the Services
Delivery Agency a power under this Act to require a person to give or return a
document or information to the Department, the delegate may, in exercising the
power, require the person to give or return the document or information to the
Services Delivery Agency instead of to the Department.

(2) A person who returns or gives a document or information to the Services
Delivery Agency in compliance with a requirement by a delegate of the
Secretary is to be treated for all purposes as if the person had returned or
given the document or information to the Department in compliance with a
requirement by the Secretary.

(3) A person who does not return or give a document or information to the
Services Delivery Agency in compliance with a requirement by a delegate of the
Secretary is to be treated for all purposes as if the person had not returned
or given the document or information to the Department in compliance with a
requirement by the Secretary.

(4) If:

   (a)  the Secretary delegates to the CEO or an employee of the Services
        Delivery Agency all or any of the Secretary's powers under this Act;
        and

   (b)  the delegation makes a reference to the Secretary, the Department, or
        an officer of the Department, in another provision of this Act
        inappropriate, whether for administrative reasons or any other reason;
        the Secretary may direct that the provision is to have effect as if:

   (c)  the reference to the Secretary were a reference to the CEO; or

   (d)  the reference to the Department were a reference to the Services
        Delivery Agency; or

   (e)  the reference to an officer of the Department were a reference to an
        employee of the Services Delivery Agency; as the case requires.

(5) If the Secretary gives a direction in relation to a provision, the
provision has effect in accordance with the direction while the direction is
in force.

(6) A direction comes into force on the day it is notified in the Gazette, or
on such later day as is specified in it, and remains in force until it is
revoked.

(7) A direction is a disallowable instrument for the purposes of section 46A
of the Acts Interpretation Act 1901.

(8) In this section: Department means the Department of Social Security.
Secretary means the Secretary to the Department of Social Security.
Income Tax Assessment Act 1936 68 After paragraph 16(4)(ea)
Insert:

   (eb) the Chief Executive Officer of the Commonwealth Services Delivery
        Agency, established by the Commonwealth Services Delivery  Agency Act
        1997 , for the purpose of the administration of any law of the
        Commonwealth relating to pensions, allowances or benefits; 69
        Subsection 202CB(6)
After "Department of Social Security", insert "or to the Chief Executive
Officer of the Commonwealth Services Delivery Agency, established by the
Commonwealth Services Delivery Agency Act 1997". 70 Subsection 202CE(7)
After "Department of Social Security", insert "or to the Chief Executive
Officer of the Commonwealth Services Delivery Agency, established by the
Commonwealth Services Delivery Agency Act 1997". National Health Act 1953 71
At the end of paragraphs 135A(6)(a), (d), (e), (f) and (g)
Add "or". 72 After subsection 135A(6)(e)
Insert:

   (ea) the CEO or an employee of the Services Delivery Agency; or 73
        Paragraph 135A(7)(g)
After "Social Security", insert ", the CEO or an employee of the Services
Delivery Agency". 74 At the end of paragraphs 135A(9)(a) and (b)
Add "or". 75 After paragraph 135A(9)(a)
Insert:

   (aa) in the case of the CEO or an employee of the Services Delivery
        Agency-in the performance of duties, or in the exercise of powers or
        functions, under an Act administered by the Minister for Social
        Security; or 76 Subsection 135A(24)
Insert:
CEO means the Chief Executive Officer of the Services Delivery Agency. 77
Subsection 135A(24)
Insert:
employee, in relation to the Services Delivery Agency, has the same meaning as
in the Commonwealth Services Delivery Agency Act 1997. 78 Subsection 135A(24)
Insert:
Services Delivery Agency means the Commonwealth Services Delivery Agency
established by the Commonwealth Services Delivery Agency Act  1997 .
Re-establishment and Employment Act 1945 79 Subsection 150(3)
Omit "Community Services", substitute "Social Security". 80 Before section 153
Insert: 152A Delegations

(1) The Secretary to the Department of Social Security may, in accordance with
service arrangements, delegate in writing his or her powers under this Act to
the Chief Executive Officer or an employee of the Services Delivery Agency.

(2) In this section:
employee, in relation to the Services Delivery Agency, has the same meaning as
in the Commonwealth Services Delivery Agency Act 1997.
service arrangements has the same meaning as in the Commonwealth  Services
Delivery Agency Act 1997 .
Services Delivery Agency means the Commonwealth Services Delivery Agency
established by the Commonwealth Services Delivery Agency Act  1997 . Student
and Youth Assistance Act 1973 81 Subsection 3(1)
Insert:
Agency means the Commonwealth Services Delivery Agency established by the
Agency Act. 82 Subsection 3(1)
Insert:
Agency Act means the Commonwealth Services Delivery Agency Act 1997. 83
Subsection 3(1)
Insert:
CEO means the Chief Executive Officer of the Agency. 84 Subsection 3(1)
Insert:
employee, in relation to the Agency, has the same meaning as in the Agency
Act. 85 Subsection 3(1) (definition of protected information)
After "Social Security", insert "or of the Agency". 86 Subsection 3(1)
Insert:
service arrangements has the same meaning as in the Agency Act. 87 After
subsection 338(1)
Insert:

(1A) Subject to this section, the Secretary to the Department of Social
Security may, in accordance with service arrangements, delegate in writing all
or any of his or her powers under this Act to the CEO or an employee of the
Agency. 88 Paragraph 338(2)(a)
After "Social Security", insert "or to the CEO". 89 Paragraph 338(3)(a)
After "Department", insert "or to employees of the Agency". 90 At the end of
section 338
Add:

(5) If the Secretary to the Department of Social Security delegates the power
referred to in subsection (2) to the CEO, the CEO cannot, despite section 33
of the Agency Act, delegate the power to an employee of the Agency. 91 After
section 338
Insert: 338A Delegations by Secretary: references to the Secretary, the
Department etc.

(1) If the Secretary delegates to the CEO or an employee of the Agency a power
under this Act to require a person to give, send or produce to the Department
a document or information, the delegate may, in exercising the power, require
the person to give, send or produce the document or information to the Agency
instead of the Department.

(2) A person who gives, sends or produces a document or information to the
Agency in compliance with a requirement by a delegate of the Secretary is to
be treated, for all purposes, as if the person had given, sent or produced the
document or information to the Department in compliance with a requirement by
the Secretary.

(3) A person who does not give, send or produce a document or information to
the Agency in compliance with a requirement by a delegate of the Secretary is
to be treated, for all purposes, as if the person had not given, sent or
produced the document or information to the Department in compliance with a
request by the Secretary.

(4) If:

   (a)  the Secretary delegates to the CEO or an employee of the Agency all or
        any of the Secretary's powers under this Act; and

   (b)  the delegation makes a reference to the Secretary, the Department, or
        an officer of the Department, in a prescribed provision inappropriate,
        whether for administrative reasons or any other reason; the Secretary
        may direct that the provision, or the provision in so far as it
        applies to youth training allowance, is to have effect as if:

   (c)  the reference to the Secretary were a reference to the CEO; or

   (d)  the reference to the Department were a reference to the Agency; or

   (e)  the reference to an officer of the Department were a reference to an
        employee of the Agency; as the case requires.

(5) If the Secretary gives a direction in relation to a provision, the
provision has effect in accordance with the direction while the direction is
in force.

(6) A direction comes into force on the day it is notified in the Gazette, or
on such later day as is specified in it, and remains in force until it is
revoked.

(7) A direction is a disallowable instrument for the purposes of section 46A
of the Acts Interpretation Act 1901.

(8) In this section:
Department means the Department of Social Security.
prescribed provision means a provision of Part 8 of this Act, or of Part 9 or
10 in so far as the provision applies to youth training allowance.
Secretary means the Secretary to the Department of Social Security. 92
Subsection 351(1)
After "Act", insert "or the Social Security Act". 93 Paragraph 351(2)(d)
After "Act", insert "or the Social Security Act". 94 Subparagraph 352(a)(i)
After "Act", insert "or the Social Security Act". 95 Section 352 (note 2)
After "Act", insert "or the Social Security Act". 96 Paragraph 353(b)
After "Act", insert "or the Social Security Act". 97 Section 354
After "Act" (wherever occurring), insert "or the Social Security  Act ". 98
Paragraph 355(1)(a)
After "Act", insert "or the Social Security Act". 99 Subsection 359(3)
After "Act", insert "or the Social Security Act".

[Minister's second reading speech made in-
Senate on 19 March 1997
House of Representatives on 26 March 1997]