Commonwealth Consolidated Acts Commonwealth Consolidated ActsPerson given notice by a child protection officer
(1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time ) if:
(a) at the test time, the person, or the person's partner, is an eligible recipient of a category A welfare payment; and
(b) a child protection officer of a State or Territory gave the Secretary a written notice requiring that the person be subject to the enhanced income management regime under this section; and
(c) the notice was given:
(i) under a law (whether written or unwritten) in force in a State or Territory (other than a law of the Commonwealth); or
(ii) in the exercise of the executive power of a State or Territory; and
(d) at the test time, the notice is in force; and
(e) at the test time, the State or Territory is a declared child protection State or Territory; and
(f) if, at the test time, the person has a Part 3B payment nominee--that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and
(g) at the test time, the person is not subject to the enhanced income management regime under section 123SC; and
(h) subsection (2) or (3) of this section applies.
(2) This subsection applies if, immediately before the test time, the person is not subject to the income management regime (within the meaning of Part 3B).
(3) This subsection applies if:
(a) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and
(b) before the test time, the Secretary gave the person a written notice (a transfer notice ) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and
(c) at the test time, the transfer notice is in force; and
(d) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UC(1).
(4) Paragraph (1)(b) is taken to be satisfied if, before, on or after the day this subsection commences, a child protection officer of a State or Territory gave the Secretary a written notice requiring that the person be subject to the income management regime under section 123UC.
Person who has a Part 3B payment nominee subject to any income management
(5) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time ) if:
(a) at the test time, the person is:
(i) not subject to the enhanced income management regime under any other provision of this Division; and
(ii) not subject to the income management regime (within the meaning of Part 3B); and
(b) at the test time, the person has a Part 3B payment nominee; and
(c) at the test time, the Part 3B payment nominee is:
(i) subject to the enhanced income management regime under subsection (1); or
(ii) subject to the income management regime under subsection 123UC(1).
(6) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time ) if:
(a) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and
(b) before the test time, the Secretary gave the person a written notice (a transfer notice ) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and
(c) at the test time, the transfer notice is in force; and
(d) at the test time, the person has a Part 3B payment nominee who is:
(i) subject to the enhanced income management regime under subsection (1) of this section; or
(ii) subject to the income management regime under subsection 123UC(1); and
(e) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UC(2).
Determination
(7) The Minister may, by legislative instrument, determine that a specified State or Territory is a declared child protection State or Territory for the purposes of this Part.