Benefit restriction notice from ASIO Minister
38N Benefit restriction notice from ASIO Minister
12 Section 38N
Omit “Home Affairs” (wherever occurring), substitute “ASIO”.
13 Section 38P
Omit “Home Affairs”, substitute “ASIO”.
14 Section 38R (heading)
Omit “security notice”, substitute “benefit restriction notice”.
15 Section 38R
Omit “security notice”, substitute “benefit restriction notice”.
16 Section 38S (heading)
Omit “security notice”, substitute “benefit restriction notice”.
17 Section 38S
Omit “security notice”, substitute “benefit restriction notice”.
18 Section 38SA (heading)
Omit “security notice”, substitute “benefit restriction notice”.
19 Section 38SA
Omit “the Home Affairs Minister must consider whether to revoke a security notice”, substitute “the Minister who gave a benefit restriction notice must consider whether to revoke the benefit restriction notice”.
20 Paragraph 38SA(b)
Omit “the Home Affairs”, substitute “that”.
21 Section 38T (heading)
Omit “security notice”, substitute “benefit restriction notice”.
22 Subsection 38T(1)
Repeal the subsection, substitute:
If the AFP Minister or the ASIO Minister has given a benefit restriction notice, that Minister may, by written notice given to the Minister, revoke the benefit restriction notice.
23 Paragraph 38T(4)(b)
Omit “Home Affairs Minister revokes the security notice”, substitute “AFP Minister or ASIO Minister revokes the benefit restriction notice”.
24 Application
The amendments made by this Part apply in relation to arrest warrants issued before, on or after the commencement of this item.
25 Transitional
A security notice that was:
given under section 38N of the Social Security Act 1991 (as in force before the commencement of this item); and
in force immediately before that commencement;
continues in force (and may be dealt with) at and after that commencement as if it were a benefit restriction notice given under that section as amended by this Part.
Part 2—Family Assistance Act amendments
A New Tax System (Family Assistance) Act 1999
26 Subsection 3(1)
Insert:
AFP Minister means the Minister administering the Australian Federal Police Act 1979.
ASIO Minister means the Minister administering the Australian Security Intelligence Organisation Act 1979.
benefit restriction notice means a notice under section 57GIA or 57GJ.
senior AFP member has the same meaning as in the Criminal Code.
27 Subsection 3(1) (definition of Home Affairs Minister)
Repeal the definition.
28 Subsection 3(1) (definition of security notice)
Repeal the definition.
29 Division 7 of Part 3 (heading)
Omit “on security grounds”.
30 Section 57GH
Repeal the section, substitute:
This Act’s bill:Explanatory memorandumSecond reading speech
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