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, or the person's partner, is an eligible recipient of a category H 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--the Part 3B payment nominee is not an excluded Part 3B payment nominee; and
(g) at the test time, the person is not subject to the income management regime under section 123UC or 123UF; 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 legislative instrument made by the Minister for the purposes of this paragraph are satisfied.
(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 legislative instrument made by the Minister for the purposes of this subsection.
(4) 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 subject to the income management regime under subsection (1).
(4B) 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 (4) 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.
Documentary evidence
(5) 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.
(6) A notice under subsection (5) must set out the effect of subsection (9).
(7) The compliance period specified in a notice under subsection (5) must not be shorter than 7 days.
(8) The Secretary may extend the compliance period specified in a notice under subsection (5).
(9) If:
(a) a person is given a notice under subsection (5); 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.
(10) This Part does not prevent a notice from being characterised as:
(a) a notice under subsection (5); and
(b) a notice under another provision of a law of the Commonwealth.