Social Welfare Consolidation Act 2005 section 263A

Cancellation and surrender of public services card

Section 263A sets out the circumstances in which the Minister may cancel a public services card and the obligations on cardholders and others to surrender cancelled or improperly held cards.

  • The Minister may cancel a public services card where new information comes to light that would have justified refusing to issue it, where the card is held by an unauthorised person, or where it is reported lost or stolen.
  • On cancellation, the Minister must notify the cardholder in writing with the reasons, and the cardholder (or any other person in possession of the card) must surrender it as soon as practicable.
  • Anyone who holds a public services card not issued to them, without lawful authority or reasonable excuse, must surrender it to the Minister promptly β€” failure to do so is a criminal offence.
  • A payment service provider may withhold benefit payments, confiscate the card, and return it to the Minister if they become aware of grounds that would have justified refusal to issue the card or that the card is held by someone other than the rightful holder.

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