9.4.1.20 AoS scheme up to 30 June 2004

Summary

Prior to 30 June 2004, the AoS scheme was administered by the Department of Home Affairs under the Migration Regulations 1994. The Department of Home Affairs assessed the visa application and if the potential migrant was required to provide an AoS, the Department of Home Affairs advised the migrant to find an assurer.

The Department of Home Affairs assessed the potential assurer's suitability, based on their potential to repay the amount of any recoverable social security payments to the Australian Government.

If the migrant received any recoverable social security payments, Centrelink recovered the amount paid to the migrant from the assurer under SSAct section 1227.

The power to waive any debts arising from the AoS was contained within SSAct section 1237.

Act reference: SSAct Chapter 2C Assurances of support, section 1227 Assurance of support debt, section 1237 Power to waive Commonwealth's right to recover debt

Policy reference: SS Guide 1.1.A.310 Assuree, assurer, assurance of support, assurance of support security, 6.7.1.30 Assurance of Support Debts, 6.7.3.20 Waiver of Debt, 6.7.3.30 Waiver for Administrative Error Debt, 6.7.3.40 Waiver of Debt on the Basis of Special Circumstances, 6.7.3.50 Waiver of a debt relating to an offence, 6.7.3.60 Waiver of a Small Debt, 6.7.3.70 Waiver of Debt in Relation to Settlements, 6.7.3.80 Waiver of debt on the basis of notional entitlement, 6.7.3.90 Waiver of debts of a particular class

Last reviewed: 12 August 2019