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.
132A Regulations providing for issue and use of entitlement cards

(1)

Without limiting the general power to make regulations conferred by section 132, the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

(a)

providing for the issue of entitlement cards to various classes of persons:

(b)

prescribing the classes of persons eligible to be issued with entitlement cards:

(ba)

providing for cardholders’ photographs to be affixed to or imaged into a category of entitlement cards and prescribing procedures, requirements, and other matters in relation to those photographs:

(c)

prescribing and regulating the use of entitlement cards, including (but not limited to)—

(i)

their use to obtain payment of any benefit, allowance, or payment under this Act:

(ii)

their use as evidence that the holder or a dependent spouse or partner or child of the holder is exempt from any obligation under this Act or any regulations made under this Act:

(iii)

their use to obtain any payment or exemption from payment in consideration of services supplied to the holder of the entitlement card, or his or her dependent spouse or partner or child, whether those services are supplied under this Act, any other Act, or otherwise:

(iv)

placing time limits on the validity of entitlement cards:

(v)

placing obligations on holders to return entitlement cards to the department:

(vi)

any other conditions relating to their use:

(d)

prescribing offences relating to the improper use of entitlement cards (other than a use which constitutes an offence under section 127), or for their non-return after their expiry, and the amounts of fines that may be imposed in respect of any such offences, which fines shall be an amount not exceeding $1,000 and, where the offence is a continuing one, a further amount not exceeding $50 for every day or part of a day during which the offence has continued.

(2)

For the avoidance of doubt it is hereby declared that regulations made under this section may provide for entitlement cards to have all or any of a magnetic stripe or a barcode on them, or a microchip embedded in them, which may contain all or any of the following information:

(a)

the cardholder’s name:

(b)

an identifying number assigned by the department to the cardholder:

(c)

a number or code indicating the cardholder’s class of eligibility for the card:

(d)

an identifying number assigned to the card:

(e)

the commencement and expiry dates of the card:

(f)

a code number for mailing purposes.

(3)

An Order in Council providing for the embedding of microchips in entitlement cards may not be made under this section except on the recommendation of the Minister.

(4)

The Minister must not recommend the making of an Order in Council referred to in subsection (3) unless, to ensure privacy and personal information are fully protected, adequate consultation concerning the privacy and security of the information to be contained in the microchip has taken place with—

(a)

the State Services Commission; and

(b)

the Privacy Commissioner; and

(c)

any other State agency, department, or organisation the Minister considers relevant.

Section 132A: inserted, on 1 August 1991, by section 22 of the Social Security Amendment Act (No 2) 1991 (1991 No 78).

Section 132A(1)(ba): inserted, on 22 May 2007, by section 5(1) of the Social Security (Entitlement Cards) Amendment Act 2007 (2007 No 17).

Section 132A(1)(c)(ii): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 132A(1)(c)(iii): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 132A(2): inserted, on 30 June 1993, by section 32 of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

Section 132A(2): amended, on 22 May 2007, by section 5(2) of the Social Security (Entitlement Cards) Amendment Act 2007 (2007 No 17).

Section 132A(3): inserted, on 22 May 2007, by section 5(3) of the Social Security (Entitlement Cards) Amendment Act 2007 (2007 No 17).

Section 132A(4): inserted, on 22 May 2007, by section 5(3) of the Social Security (Entitlement Cards) Amendment Act 2007 (2007 No 17).