Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time ) if:
(a) at the test time, the person is an eligible recipient of a category E welfare payment; and
(b) at the test time, the person is at least 25 years of age but has not reached pension age; and
(c) at the test time, the person's usual place of residence is within a State, a Territory or an area specified in an instrument under subsection (4); and
(d) at the test time, the person is not an exempt welfare payment recipient; and
(e) if, at the test time, the person has a Part 3B payment nominee--the Part 3B payment nominee is not an excluded Part 3B payment nominee; and
(f) at the test time, the person is not subject to the income management regime under section 123UC, 123UCA, 123UD, 123UE, 123UF or 123UFAA; and
(g) the person was an eligible recipient of a category E welfare payment for at least 52 weeks during the 104 - week period ending immediately before the test time.
(2) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time ) if:
(a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; 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 income management regime under subsection (1); or
(ii) subject to the enhanced income management regime under subsection 123SD(3) or 123SDA(5).
(3) If:
(a) a person is subject to the income management regime under subsection (1); and
(b) paragraph (1)(c) ceases to apply in relation to the person; and
(c) at the time of that cessation, paragraphs (1)(a), (b), (d), (e), and (f) apply in relation to the person;
then the person remains subject to the income management regime under subsection (1) until the earlier of the following:
(d) the time paragraph (1)(a), (b), (d), (e), or (f) ceases to apply in relation to the person;
(e) the end of the period of 13 weeks beginning on the day that paragraph (1)(c) ceased to apply in relation to the person.
(4) The Minister may, by legislative instrument, specify a State, a Territory or an area for the purposes of this section.
(6) If:
(a) a person was a program participant under section 124PGE on the day before the closure day; and
(b) on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;
then, despite subsections (1) and (2) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.
(7) A person is not subject to the income management regime under this section on or after the day this subsection commences unless the person was subject to the income management regime under this section immediately before the start of that day.