Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(1) This section applies if:
(a) a person (the first person ) is subject to the income management regime; and
(b) the first person's income management account has a credit balance; and
(c) the first person has a Part 3B payment nominee.
Crediting of accounts
(2) The Secretary may, on behalf of the Commonwealth:
(a) pay an amount to a third person on condition that the third person will:
(i) credit the amount to an account held by the Part 3B payment nominee with the third person; and
(ii) not allow the Part 3B payment nominee to debit the account except for the purposes of acquiring goods or services; and
(iii) if required to do so under section 123ZH, repay to the Commonwealth so much of the amount paid by the Secretary as has not been applied by the Part 3B payment nominee for the purposes of the acquisition of goods or services; or
(b) with the consent of the Part 3B payment nominee, pay an amount to a third person on condition that the third person will:
(i) credit the amount to an account held by a fourth person with the third person; and
(ii) not allow the fourth person to debit the account except for the purposes of acquiring goods or services; and
(iii) if required to do so under section 123ZH, repay to the Commonwealth so much of the amount paid by the Secretary as has not been applied by the fourth person for the purposes of the acquisition of goods or services; or
(c) pay an amount to a third person on condition that the third person will:
(i) credit the amount to an account held by the first person with the third person; and
(ii) not allow the first person to debit the account except for the purposes of acquiring goods or services; and
(iii) if required to do so under section 123ZH, repay to the Commonwealth so much of the amount paid by the Secretary as has not been applied by the first person for the purposes of the acquisition of goods or services;
so long as the amount paid by the Secretary does not exceed the credit balance of the first person's income management account.
(3) The goods or services referred to in paragraph (2)(a), (b) or (c) may be limited to such goods or services as are determined by the Secretary.
Income Management Record to be debited
(4) If the Secretary pays an amount to a third person under subsection (2), the Income Management Record is debited by an amount equal to the amount paid.
First person's income management account to be debited
(5) If the Secretary pays an amount to a third person under subsection (2), the first person's income management account is debited by an amount equal to the amount paid.
Criteria
(6) The Secretary must not, under subsection (2), pay an amount to a third person if the Secretary is satisfied that any of the relevant goods or services are excluded goods or excluded services.
Tax consequences
(7) If the Secretary pays an amount to a third person under subsection (2), the payment does not have consequences under the income tax law for the Part 3B payment nominee or the first person.