Commonwealth Consolidated Acts Commonwealth Consolidated ActsPerson who has a child who is not enrolled at school
(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) at the test time, the person, or the person's partner, has an eligible care child; and
(c) under a law of a State or Territory, the eligible care child is required to be enrolled at school; and
(d) the Secretary is satisfied that it is appropriate for the eligible care child to be enrolled at:
(i) a primary school in a declared primary school area; or
(ii) a secondary school in a declared secondary school area; and
(e) at the test time, the eligible care child is not enrolled at:
(i) if subparagraph (d)(i) applies--a primary school in the declared primary school area; or
(ii) if subparagraph (d)(ii) applies--a secondary school in the declared secondary school area; 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 or 123SCA; and
(h) at the test time, a determination under subsection (2) is not in force in relation to the person; and
(i) such other conditions (if any) as are specified in a determination under subsection (6) are satisfied.
Individual determinations
(2) The Secretary may, by writing, determine that a person is exempt from subsection (1).
(3) In making a determination under subsection (2), the Secretary must comply with any principles set out in a determination under subsection (4).
(4) The Minister may, by legislative instrument, determine principles for the purposes of subsection (3).
(5) A determination under subsection (2) is not a legislative instrument.
Minister's determination of conditions
(6) The Minister may, by legislative instrument, determine conditions for the purposes of paragraph (1)(i).
Person who has a Part 3B payment nominee subject to enhanced income management
(7) 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 not subject to the enhanced income management regime under any other provision of this Division; 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 subject to the enhanced income management regime under subsection (1).
Documentary evidence
(8) If a person, or the person's partner, has an eligible care child, the Secretary may, by written notice given to the person, request the person to give the Secretary, within a period (the compliance period ) specified in the notice, documentary evidence of the eligible care child's enrolment at a school during a specified applicable school period.
(9) A notice under subsection (8) must set out the effect of subsection (12).
(10) The compliance period specified in a notice under subsection (8) must not be shorter than 7 days.
(11) The Secretary may extend the compliance period specified in a notice under subsection (8).
(12) If:
(a) a person is given a notice under subsection (8); and
(b) the person does not comply with the notice;
the Secretary may determine that subsection (1) has effect as if the eligible care child was not enrolled at any school at any time during the applicable school period specified in the notice.