Social Security Act 1964

  • not the latest version
  • This version was replaced on 8 February 2017 to make corrections to sections 3(1), 11, 11A(4), 61CF(2)(e), 61EA(2), 71A(4), 72(b), 74(1)(d), 86(2), 104A, 120(3), and Schedules 4, 18, 27, and 28 under section 25(1)(f), (i), (j)(ii), (iii), (iv), and (k) of the Legislation Act 2012.

Information disclosure

Heading: inserted, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

126A Information on beneficiaries and former beneficiaries may be disclosed to Ministry of Justice for fines enforcement purposes

(1)

In this section, unless the context otherwise requires,—

beneficiary means a person who has been granted a benefit; and includes a person in respect of whom a benefit or part of a benefit has been granted; and also includes—

(a)

a person who was formerly in receipt of a benefit:

(b)

a person from whom any liable parent contributions to which section 256(1) of the Child Support Act 1991 applies may be recovered:

(c)

a person from whom any maintenance payment to which section 259(1) of the Child Support Act 1991 applies may be recovered

benefit has the meaning given to it in section 3(1); except that the term also includes—

(a)

a lump sum payable under section 61DB or section 61DC or section 61DD:

(b)

any special assistance granted out of a Crown Bank Account from money appropriated by Parliament under section 124(1)(d)

fine means—

(a)

a fine within the meaning of section 79 of the Summary Proceedings Act 1957:

(b)

a fine to which section 19 of the Crimes Act 1961 applies:

(c)

a fine to which section 43 or 45 of the Misuse of Drugs Amendment Act 1978 applies:

(d)
[Repealed]

(e)

any amount payable under section 138A(1) of the Sentencing Act 2002.

(2)

The purpose of this section is to facilitate the disclosure of information by the department to the Ministry of Justice for the purpose of enabling the Ministry of Justice to locate any beneficiary who is in default in the payment of any fine.

(3)

For the purpose of this section, the chief executive of the Ministry of Justice may from time to time, in accordance with arrangements made with the chief executive of the department for the time being responsible for the administration of this Act, request the chief executive of the latter department to supply, from information kept by that department, the last known address and telephone number of any beneficiary.

(3A)

For each item of information to be supplied under subsection (3), the chief executive of the department must include the date when the information was most recently updated.

(4)

On receipt of a request made under subsection (3), the chief executive of the department may supply the information requested to any officer or employee of the Ministry of Justice who is authorised by the chief executive of that department to receive that information.

(5)

Information supplied under a request made under subsection (3) may be supplied in such form as is determined by agreement between the 2 chief executives.

Section 126A: inserted, on 3 September 1996, by section 2 of the Social Security Amendment Act (No 4) 1996 (1996 No 145).

Section 126A heading: amended, on 23 July 2011, by section 4(1) of the Social Security Amendment Act 2011 (2011 No 48).

Section 126A(1) benefit paragraph (b): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).

Section 126A(1) chief executive: repealed, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 126A(1) fine: replaced, on 13 February 2012, by section 4(2) of the Social Security Amendment Act 2011 (2011 No 48).

Section 126A(1) fine paragraph (d): repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 126A(2): replaced, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 126A(2): amended, on 23 July 2011, by section 4(3) of the Social Security Amendment Act 2011 (2011 No 48).

Section 126A(3): replaced, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 126A(3): amended, on 23 July 2011, by section 4(4) of the Social Security Amendment Act 2011 (2011 No 48).

Section 126A(3): amended, on 1 November 1998, by section 30 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 126A(3A): inserted, on 23 July 2011, by section 4(5) of the Social Security Amendment Act 2011 (2011 No 48).

Section 126A(4): replaced, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 126A(4): amended, on 23 July 2011, by section 4(6) of the Social Security Amendment Act 2011 (2011 No 48).

Section 126A(5): replaced, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).