123SRight of nominee to attend with principal

123S  Right of nominee to attend with principal  (a) under a provision of the social security law (other than a provision of this Part), the Secretary gives a notice to a person who has a correspondence nominee; and  (b) the notice requires the person:  (i) to attend the Department; or  (ii) to attend a particular place; and  (c) the Secretary informs the person’s correspondence nominee of the giving of the notice; the correspondence nominee may attend the Department or place, as the case may be, with the person if the person so wishes.  (a) under a provision of the social security law (other than a provision of this Part), the Secretary gives a notice to a person who has a correspondence nominee; and  (b) the notice requires the person to undergo a medical, psychiatric or psychological examination; the correspondence nominee may accompany the person while the examination is being conducted:  (c) if the person so wishes; and  (d) to the extent to which the person conducting the examination consents.  (3) If a person’s correspondence nominee is a body corporate, the last reference in subsection (1) or (2) to the correspondence nominee is to be read as a reference to an officer or employee of the correspondence nominee. Part 3AA—Enhanced income management regime 123SA  Simplified outline of this Part • There is an enhanced income management regime for recipients of certain welfare payments. • A person may become subject to the enhanced income management regime because:  (a) the Queensland Commission requires the person to be subject to the enhanced income management regime; or  (b) a child protection officer of a State or Territory requires the person to be subject to the enhanced income management regime; or  (c) the person, or the person’s partner, has a child who does not meet school enrolment requirements; or  (d) the person, or the person’s partner, has a child who has unsatisfactory school attendance; or  (e) an officer or employee of a recognised State/Territory authority requires the person to be subject to the enhanced income management regime; or  (f) the Secretary has determined that the person is a vulnerable welfare payment recipient; or  (g) the person meets the criteria relating to disengaged youth; or  (h) the person meets the criteria relating to long‑term welfare payment recipients; or  (i) the person voluntarily agrees to be subject to the enhanced income management regime. • A person may also become subject to the enhanced income management regime in certain circumstances where the person requests to transfer from the income management regime under Part 3B. • Certain welfare payments are divided into qualified and unqualified portions, with the qualified portions being credited to a BasicsCard bank account. The amount of each portion may be varied by the Secretary. Recipients are unable to spend the qualified portions of such payments on certain goods or services such as alcohol, tobacco products or gambling. 123SB  Definitions applicable school period has the meaning given by section 123SCG. balance of the qualified portion, of a category B welfare payment, a category D welfare payment or a relevant payment, means:  (a) if a deduction is to be made from, or an amount is to be set off against, the payment under:  (i) section 61, 61A or 238 of this Act; or  (ii) section 1231 of the 1991 Act; or  (iii) section 84, 84A, 92, 92A, 225, 226, 227 or 228A of the Family Assistance Administration Act;   the amount of the qualified portion of the payment less the amount of the deduction or the amount of the set‑off; or  (b) in any other case—the amount of the qualified portion of the payment. BasicsCard bank account means a bank account of a kind determined by a legislative instrument made under section 123SU. Bundaberg and Hervey Bay area means the area within the boundaries of the Division (within the meaning of the Commonwealth Electoral Act 1918) of Hinkler, as those boundaries were in force on 31 May 2018. cash‑like product includes the following:  (a) a gift card, store card, voucher or similar article (whether in a physical or electronic form);  (b) a money order, postal order or similar order (whether in a physical or electronic form);  (c) digital currency. category A welfare payment means:  (c) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance. category B welfare payment means:  (a) a category A welfare payment; or  (g) child disability assistance; or  (h) carer supplement; or  (j) pensioner education supplement; or  (k) telephone allowance under Part 2.25 of the 1991 Act; or  (m) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or  (n) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or  (o) a social security bereavement payment; or  (p) an advance payment under Part 2.22 of the 1991 Act; or  (q) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or  (r) a mobility allowance advance under section 1045 of the 1991 Act. category C welfare payment means:  (a) youth allowance; or  (b) jobseeker payment; or  (c) special benefit; or  (d) pension PP (single); or  (e) benefit PP (partnered). category D welfare payment means:  (b) a disability support pension; or  (c) a carer payment; or  (d) a pension PP (single); or  (e) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance; or  (f) double orphan pension; or  (g) family tax benefit under the Family Assistance Act; or  (h) family tax benefit advance under the Family Assistance Administration Act; or  (i) stillborn baby payment under the Family Assistance Act; or  (j) carer allowance; or  (k) child disability assistance; or  (l) carer supplement; or  (m) mobility allowance; or  (n) pensioner education supplement; or  (o) telephone allowance under Part 2.25 of the 1991 Act; or  (p) utilities allowance under Part 2.25A of the 1991 Act; or  (q) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or  (r) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or  (s) a social security bereavement payment; or  (t) an advance payment under Part 2.22 of the 1991 Act; or  (u) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or  (v) a mobility allowance advance under section 1045 of the 1991 Act. category F welfare payment means:  (b) a disability support pension; or  (c) a carer payment; or  (d) a pension PP (single); or  (e) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance. category G welfare payment means:  (a) a category F welfare payment; or  (g) child disability assistance; or  (h) carer supplement; or  (j) pensioner education supplement; or  (k) telephone allowance under Part 2.25 of the 1991 Act; or  (m) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or  (n) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or  (o) a social security bereavement payment; or  (p) an advance payment under Part 2.22 of the 1991 Act; or  (q) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or  (r) a mobility allowance advance under section 1045 of the 1991 Act. Ceduna area means Ceduna within the meaning of the Social Security (Administration) (Trial Area — Ceduna and Surrounding Region) Determination 2015 as in force on 15 March 2016 and includes the Surrounding Region (within the meaning of that determination as so in force). child protection officer means an officer or employee of a State or Territory who has functions, powers or duties in relation to the care, protection or welfare of children. declared child protection State or Territory has the meaning given by subsection 123SCA(7). declared primary school area has the meaning given by subsection 123SCF(1). declared secondary school area has the meaning given by subsection 123SCF(3). East Kimberley area means East Kimberley within the meaning of the Social Security (Administration) (Trial Area – East Kimberley) Determination 2016 as in force on 26 April 2016 and includes the areas of each of the Included Communities (within the meaning of that determination as so in force). eligible care child has the meaning given by section 123SCD. eligible care period has the meaning given by section 123SCE. eligible recipient has the same meaning as in Part 3B. equivalent rate of special benefit, in relation to a person, means a rate of special benefit equivalent to the maximum basic rate of youth allowance that the person would receive if the person were qualified for youth allowance. excluded goods has the same meaning as in Part 3B. excluded service has the same meaning as in Part 3B. exempt welfare payment recipient has the meaning given by section 123SDB, 123SDC or 123SDD. family law order means:  (a) a parenting order within the meaning of section 64B of the Family Law Act 1975; or  (b) a family violence order within the meaning of section 4 of that Act; or  (c) a State child order registered under section 70D of that Act; or  (d) an overseas child order registered under section 70G of that Act. full‑time student has the meaning given by section 123SDE. Goldfields area means the following Local Government Areas as at 7 February 2018:  (a) the Shire of Leonora;  (b) the Shire of Laverton;  (c) the City of Kalgoorlie‑Boulder;  (d) the Shire of Coolgardie;  (e) the Shire of Menzies. Local Government Areas means areas designated by the Governor of Western Australia to be a city, town or shire, in accordance with the Local Government Act 1995 (WA). parenting plan has the same meaning as in the Family Law Act 1975. Part 3B payment nominee has the same meaning as in Part 3B. qualified portion:  (a) of a category B welfare payment:  (i) for a person who is subject to the enhanced income management regime under section 123SC—has the meaning given by section 123SJ; or  (ii) for a person who is subject to the enhanced income management regime under section 123SCA—has the meaning given by section 123SLA; or  (iii) for a person who is subject to the enhanced income management regime under section 123SCB or 123SCC—has the meaning given by section 123SLD; or  (iv) for a person who is subject to the enhanced income management regime under section 123SCJ—has the meaning given by section 123SLG; or  (v) for a person who is subject to the enhanced income management regime under section 123SE—has the meaning given by section 123SP; or  (b) of a category D welfare payment, has the meaning given by section 123SM; or  (c) of a relevant payment, has the meaning given by section 123SLJ. Queensland Commission has the same meaning as in Part 3B. recognised State/Territory authority has the meaning given by subsection 123SCK(1). registered parenting plan has the same meaning as in the Family Law Act 1975. relevant payment, for a person who is subject to the enhanced income management regime under section 123SCL, means:  (a) if the person has been given a transfer notice referred to in paragraph 123SCL(3)(c) and the notice is in force—a category B welfare payment; or  (b) otherwise—a category G welfare payment. repeal day means the day on which Part 2 of Schedule 1 to the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 commences. school age child has the meaning given by section 123SDF. State/Territory authority means:  (a) department, or a part of a department, of a State or Territory; or  (b) a body of a State or Territory; or  (c) an agency of a State or Territory. subject to the enhanced income management regime has the meaning given by Division 2. unqualified portion:  (a) of a category B welfare payment:  (i) for a person who is subject to the enhanced income management regime under section 123SC—has the meaning given by section 123SJ; or  (ii) for a person who is subject to the enhanced income management regime under section 123SCA—has the meaning given by section 123SLA; or  (iii) for a person who is subject to the enhanced income management regime under section 123SCB or 123SCC—has the meaning given by section 123SLD; or  (iv) for a person who is subject to the enhanced income management regime under section 123SCJ—has the meaning given by section 123SLG; or  (v) for a person who is subject to the enhanced income management regime under section 123SE—has the meaning given by section 123SP; or  (b) of a category D welfare payment, has the meaning given by section 123SM; or  (c) of a relevant payment, has the meaning given by section 123SLJ. unsatisfactory school attendance situation has the meaning given by section 123SCH. voluntary enhanced income management agreement has the meaning given by section 123SF. voluntary enhanced income management area has the meaning given by subsection 123SF(5). Division 2—Persons subject to the enhanced income management regime Subdivision A—Queensland Commission 123SC  Persons subject to the enhanced income management regime—Queensland Commission  (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:  (b) the Queensland Commission 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 under a law of Queensland; and  (d) at the test time, the notice had not been withdrawn or revoked and had not expired; and  (e) 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).  (1A) Paragraph (1)(b) is taken to be satisfied if, on or after 6 March 2023, the Queensland Commission gave the Secretary a written notice requiring that the person be subject to the income management regime under Part 3B.  (2) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) on or after 6 March 2023 if:  (b) subsection (3) applies in relation to the person; and  (c) 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).  (3) This subsection applies in relation to a person if:  (a) immediately before 6 March 2023, subitem 97(2) or (4) of Schedule 1 to the Social Security (Administration) Amendment (Continuation of Cashless Welfare) Act 2020 applies in relation to the person and a notice; and  (b) immediately before 6 March 2023, the person was a program participant under section 124PGD.  (4) Subsection (3) ceases to apply in relation to the person if on or after 6 March 2023 the notice referred to in paragraph (3)(a) is withdrawn or revoked by the Queensland Commission or expires.  (5) This section applies on and after 6 March 2023 despite item 97 of Schedule 1 to the Social Security (Administration) Amendment (Continuation of Cashless Welfare) Act 2020. 123SCA  Persons subject to the enhanced income management regime—child protection Person 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:  (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  (i) under a law (whether written or unwritten) in force in a State or Territory (other than a law of the Commonwealth); or  (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).  (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  (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:  (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  (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).  (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. 123SCB  Persons subject to the enhanced income management regime—school enrolment Person 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:  (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  (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  (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. 123SCC  Persons subject to the enhanced income management regime—school attendance Person who has a child with unsatisfactory school attendance  (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:  (b) at the test time, an unsatisfactory school attendance situation exists in relation to a child; and  (c) throughout a period that ended before the unsatisfactory school attendance situation came into existence, the child was an eligible care child of:  (i) the person; or  (ii) the person’s partner; and  (d) at the test time, the child is enrolled at a school; and  (e) if the school is a primary school—at the test time, the school is in a declared primary school area; and  (f) if the school is a secondary school—at the test time, the school is in a declared secondary school area; and  (g) before the test time, the person, or the person’s partner, had been given a formal warning under section 123SCI; and  (h) the whole or a part of an applicable school period in relation to the child occurred in the period:  (i) beginning when the formal warning was given; and  (ii) ending at the test time; and  (i) 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  (j) at the test time, the person is not subject to the enhanced income management regime under section 123SC or 123SCA; and  (k) at the test time, a determination under subsection (2) is not in force in relation to the person; and  (l) such other conditions (if any) as are specified in a determination under subsection (6) are satisfied. Individual determinations  (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)(l). 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  (c) at the test time, the Part 3B payment nominee is subject to the enhanced income management regime under subsection (1). 123SCD  Eligible care child   For the purposes of this Part, a person (the first person) is an eligible care child of another person at a particular time if, and only if:  (a) at the particular time, the first person is a child for whom the other person is the principal carer; or  (b) all of the following conditions are satisfied:  (i) that time occurs during an eligible care period;  (ii) under a family law order, registered parenting plan or parenting plan that is in force during the eligible care period, the first person is supposed to live or spend time with the other person;  (iii) assuming the family law order, registered parenting plan or parenting plan were complied with during the eligible care period, the first person would have been in the other person’s care for at least 14% of that period. 123SCE  Eligible care period  (1) For the purposes of this Part, an eligible care period is a period ascertained in accordance with a determination under subsection (2).  (3) A period ascertained under subsection (1) may be a recurring period (for example, a fortnight).  (4) For the purposes of this Part, it is immaterial whether an eligible care period begins before or after the commencement of this section. 123SCF  Declared primary school area and declared secondary school area Declared primary school area is a declared primary school area for the purposes of this Part.  (2) This Part does not prevent an area specified under paragraph (1)(c) from being described as the area within the boundary of premises occupied by a particular primary school. Declared secondary school area  (3) The Minister may, by legislative instrument, determine that: is a declared secondary school area for the purposes of this Part.  (4) This Part does not prevent an area specified under paragraph (3)(c) from being described as the area within the boundary of premises occupied by a particular secondary school. 123SCG  Applicable school period  (1) For the purposes of this Part, an applicable school period in relation to a child is a period ascertained in accordance with a determination under subsection (2).  (3) A period ascertained under subsection (1) may be a recurring period.  (4) A period may be ascertained under subsection (1) by reference to a term of the school attended by the child.  (5) For the purposes of this Part, it is immaterial whether an applicable school period begins before or after the commencement of this section. 123SCH  Unsatisfactory school attendance situation  (1) For the purposes of this Part, the question whether an unsatisfactory school attendance situation exists, or has existed, in relation to a child is to be ascertained in accordance with a determination under subsection (2).  (3) However, an unsatisfactory school attendance situation does not exist in relation to a child if the child is not required, under a law of a State or Territory, to attend school in a State or Territory.  (4) For the purposes of this Part, it is immaterial whether an unsatisfactory school attendance situation exists or has existed before or after the commencement of this section. 123SCI  Formal warning—unsatisfactory school attendance situation   If:  (a) a person is not subject to the enhanced income management regime under section 123SCC; and  (b) the person, or the person’s partner, has an eligible care child; and  (c) an unsatisfactory school attendance situation exists, or has existed, in relation to the eligible care child; the Secretary may give the person a formal warning that the person, or the person’s partner, could become subject to the enhanced income management regime under section 123SCC if an unsatisfactory school attendance situation exists in relation to the eligible care child. Subdivision D—Referrals by recognised State/Territory authority 123SCJ  Persons subject to the enhanced income management regime—referrals by recognised State/Territory authority Person given notice by a recognised State/Territory authority  (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:  (b) an officer or employee of a State/Territory authority gave the Secretary a written notice requiring that the person be subject to the enhanced income management regime under this section; and  (i) under a law (whether written or unwritten) in force in a State or Territory (other than a law of the Commonwealth); or  (d) at the test time, the notice is in force; and  (e) at the test time, the State/Territory authority is a recognised State/Territory authority; 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, 123SCA, 123SCB or 123SCC; 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).  (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  (d) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UFAA(1).  (4) Paragraph (1)(b) is taken to be satisfied if, before, on or after the day this subsection commences, an officer or employee of a State/Territory authority gave the Secretary a written notice requiring that the person be subject to the income management regime under Part 3B. 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:  (ii) subject to the income management regime under subsection 123UFAA(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  (ii) subject to the income management regime under subsection 123UFAA(1); and  (e) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UFAA(2). 123SCK  Recognised State/Territory authority  (a) a specified department, or a specified part of a department, of a State or Territory; or  (b) a specified body of a State or Territory; or  (c) a specified agency of a State or Territory; is a recognised State/Territory authority for the purposes of this Part. Functions, powers or duties of officers or employees  (2) Before making a determination under subsection (1), the Minister must be satisfied that officers or employees of the department or part of the department, or of the body or agency, have functions, powers or duties in relation to the care, protection, welfare or safety of adults, children or families. Appropriate review process  (3) Before making a determination under subsection (1), the Minister must be satisfied that there is an appropriate process for reviewing any decisions to give notices of the kind referred to in paragraph 123SCJ(1)(b) that could be made by officers or employees of the department or part of the department or of the body or agency if the Minister were to make the determination.  (4) In deciding whether the Minister is satisfied as mentioned in subsection (3), the Minister must have regard to the following:  (a) the cost of the review process to applicants;  (b) the timeliness of the review process;  (c) whether the review process provides that applicants are entitled to be represented and heard;  (d) the degree of independence of the review process;  (e) whether the review process provides for the use of the services of an interpreter. This subsection does not limit the matters to which the Minister may have regard to in deciding whether the Minister is satisfied as mentioned in subsection (3). Subdivision E—Vulnerable welfare payment recipients 123SCL  Persons subject to the enhanced income management regime—vulnerable welfare payment recipients Person who is a vulnerable welfare payment recipient  (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’s usual place of residence is within a State, a Territory or an area specified in an instrument made under subsection (5); and  (b) at the test time, a determination under section 123SCM that the person is a vulnerable welfare payment recipient is in force; and  (c) 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  (d) at the test time, the person is not subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC or 123SCJ; and  (e) subsection (2) or (3) of this section applies.  (2) This subsection applies if:  (a) at the test time, the person is an eligible recipient of a category F welfare payment; and  (b) immediately before the test time, the person is not subject to the income management regime (within the meaning of Part 3B).  (a) at the test time, the person is an eligible recipient of a category A welfare payment; and  (b) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and  (c) 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  (d) at the test time, the transfer notice is in force; and  (e) immediately before the transfer notice comes into force, the person was subject to the income management regime under section 123UCA.  (b) paragraph (1)(a) ceases to apply in relation to the person; and  (c) at the time of that cessation, paragraphs (1)(b), (c) and (d) apply in relation to the person and paragraph (2)(a) or (3)(a) applies in relation to the person; then the person remains subject to the enhanced income management regime under subsection (1) until paragraph (1)(b), (c) or (d) or (2)(a) or (3)(a) ceases to apply in relation to the person.  (5) The Minister may, by legislative instrument, make a determination specifying a State, a Territory or an area for the purposes of paragraph (1)(a). 123SCM  Determination by Secretary—vulnerable welfare payment recipient  (1) The Secretary may, by writing, determine that a person is a vulnerable welfare payment recipient for the purposes of this Part.  (2) In deciding whether to make a determination under subsection (1), the Secretary must comply with any decision‑making principles determined under subsection (12) for the purposes of this subsection. Duration of determination  (3) A determination made under subsection (1):  (a) comes into force:  (i) on the day on which it is made; or  (ii) if a later day is specified in the determination—on that later day; and  (b) remains in force (unless earlier revoked):  (i) for 12 months; or  (ii) if a shorter period is specified in the determination—for that shorter period. New determinations  (4) If a determination made under subsection (1) is, or has been, in force in relation to a person, subsection (3) does not prevent the Secretary from making a new determination under subsection (1) in relation to that person. Variation and revocation  (5) The Secretary may, by writing, vary or revoke a determination made under subsection (1):  (a) on the Secretary’s own initiative; or  (b) on request made under subsection (8).  (6) In deciding whether to vary or revoke a determination made under subsection (1), the Secretary must comply with any decision‑making principles determined under subsection (12) for the purposes of this subsection.  (7) Subsection (5) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 to other instruments under this Act. Request to reconsider circumstances  (8) Subject to subsection (9), if a determination made under subsection (1) is in force in relation to a person, the person may request the Secretary to:  (a) reconsider the person’s circumstances; and  (b) vary, or revoke, the determination.  (9) A person must not make a request under subsection (8) in relation to a determination if, at any time during the preceding period of 90 days, the person has made a request under that subsection in relation to the same determination.  (10) If a person makes a request under subsection (8), the Secretary must reconsider the person’s circumstances unless the request was made in contravention of subsection (9).  (11) A determination made under subsection (1) is not a legislative instrument. Decision‑making principles  (12) The Minister may, by legislative instrument, determine decision‑making principles for the purposes of subsections (2) and (6).  (13) Without limiting subsection (12), the decision‑making principles may set out when the Secretary must make a determination under subsection (1) in relation to a person. Subdivision F—Disengaged youth and long‑term welfare payment recipients 123SD  Persons subject to the enhanced income management regime—Northern Territory Disengaged youth  (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:  (b) at the test time, the person’s usual place of residence is within the Northern Territory; and  (c) at the test time, the person is an eligible recipient of a category C welfare payment; and  (d) at the test time, the person is at least 15 years of age and under 25 years of age; and  (e) at the test time, the person is not an exempt welfare payment recipient; 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) the person was an eligible recipient of a category C welfare payment for at least 13 weeks during the 26‑week period ending immediately before the test time; and  (h) at the test time, the person is not subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ or 123SCL; and  (i) subsection (1A) or (1B) of this section applies.  (1A) 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).  (1B) 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  (d) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UCB(1).  (b) paragraph (1)(b) ceases to apply in relation to the person; and  (c) at the time of that cessation, paragraphs (1)(c), (d), (e), (f) and (h) apply in relation to the person; then the person remains subject to the enhanced income management regime under subsection (1) until the earlier of the following:  (d) the time paragraph (1)(c), (d), (e), (f) or (h) ceases to apply in relation to the person;  (e) the end of the period of 13 weeks beginning on the day that paragraph (1)(b) ceased to apply in relation to the person.  (2A) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:  (ii) subject to the income management regime under subsection 123UCB(1).  (2B) 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  (ii) subject to the income management regime under subsection 123UCB(1); and  (e) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UCB(2). Long‑term welfare payment recipient  (3) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:  (b) at the test time, the person’s usual place of residence is within the Northern Territory; and  (c) at the test time, the person is an eligible recipient of a category C welfare payment; and  (d) at the test time, the person is at least 25 years of age but has not reached pension age; and  (e) at the test time, the person is not an exempt welfare payment recipient; 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) the person was an eligible recipient of a category C welfare payment for at least 52 weeks during the 104‑week period ending immediately before the test time; and  (h) at the test time, the person is not subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ or 123SCL; and  (i) subsection (5) or (6) of this section applies.  (a) a person is subject to the enhanced income management regime under subsection (3); and  (b) paragraph (3)(b) ceases to apply in relation to the person; and  (c) at the time of that cessation, paragraphs (3)(c), (d), (e), (f) and (h) apply in relation to the person; then the person remains subject to the enhanced income management regime under subsection (3) until the earlier of the following:  (d) the time paragraph (3)(c), (d), (e), (f) or (h) ceases to apply in relation to the person;  (e) the end of the period of 13 weeks beginning on the day that paragraph (3)(b) ceased to apply in relation to the person.  (5) 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).  (6) 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  (d) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UCC(1).  (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:  (i) subject to the enhanced income management regime under subsection (3); or  (ii) subject to the income management regime under subsection 123UCC(1).  (8) 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  (ii) subject to the income management regime under subsection 123UCC(1); and  (e) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UCC(2). 123SDA  Persons subject to the enhanced income management regime—persons residing in other areas Disengaged youth  (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’s usual place of residence is within a State, a Territory or an area specified in an instrument made under subsection (2); and  (b) at the test time, the person is an eligible recipient of a category C welfare payment; and  (c) at the test time, the person is at least 15 years of age and under 25 years of age; and  (e) 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  (f) the person was an eligible recipient of a category C welfare payment for at least 13 weeks during the 26‑week period ending immediately before the test time; and  (g) at the test time, the person is not subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ or 123SCL.  (2) The Minister may, by legislative instrument, make a determination specifying a State, a Territory or an area for the purposes of paragraph (1)(a).  (b) paragraph (1)(a) ceases to apply in relation to the person; and  (c) at the time of that cessation, paragraphs (1)(b), (c), (d), (e) and (g) apply in relation to the person; then the person remains subject to the enhanced income management regime under subsection (1) until the earlier of the following:  (d) the time paragraph (1)(b), (c), (d), (e) or (g) ceases to apply in relation to the person;  (e) the end of the period of 13 weeks beginning on the day that paragraph (1)(a) ceased to apply in relation to the person.  (4) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:  (ii) subject to the income management regime under subsection 123UCB(1). Long‑term welfare payment recipient  (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’s usual place of residence is within a State, a Territory or an area specified in an instrument made under subsection (6); and  (b) at the test time, the person is an eligible recipient of a category C welfare payment; and  (c) at the test time, the person is at least 25 years of age but has not reached pension age; and  (e) 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  (f) the person was an eligible recipient of a category C welfare payment for at least 52 weeks during the 104‑week period ending immediately before the test time; and  (g) at the test time, the person is not subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ or 123SCL.  (6) The Minister may, by legislative instrument, make a determination specifying a State, a Territory or an area for the purposes of paragraph (5)(a).  (a) a person is subject to the enhanced income management regime under subsection (5); and  (b) paragraph (5)(a) ceases to apply in relation to the person; and  (c) at the time of that cessation, paragraphs (5)(b), (c), (d), (e) and (g) apply in relation to the person; then the person remains subject to the enhanced income management regime under subsection (5) until the earlier of the following:  (d) the time paragraph (5)(b), (c), (d), (e) or (g) ceases to apply in relation to the person;  (e) the end of the period of 13 weeks beginning on the day that paragraph (5)(a) ceased to apply in relation to the person.  (8) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:  (i) subject to the enhanced income management regime under subsection (5); or  (ii) subject to the income management regime under subsection 123UCC(1). 123SDB  Exempt welfare payment recipient—inclusion in specified class  (1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient if the Secretary is satisfied that the person is included in a class of persons specified in an instrument made by the Minister under subsection (2).  (2) The Minister may, by legislative instrument, make a determination specifying a class of persons for the purposes of subsection (1). 123SDC  Exempt welfare payment recipient—person is not the principal carer of a child  (1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient if:  (a) the person is not the principal carer of a child who is a school age child or younger; and  (b) the Secretary is satisfied that one of the following applies:  (i) the person is a full‑time student or a new apprentice;  (ii) within at least 4 of the last 6 fortnights, the person has received less than 25% of the maximum basic rate of youth allowance, jobseeker payment, pension PP (single) or benefit (PP) partnered (other than because a compliance penalty period applied to the person);  (iii) within at least 4 of the last 6 fortnights, the person has received less than 25% of the equivalent rate of special benefit (other than because a compliance penalty period applied to the person);  (iv) the person is undertaking an activity specified in an instrument made by the Minister under subsection (2).  (2) The Minister may, by legislative instrument, make a determination specifying activities for persons for the purposes of subparagraph (1)(b)(iv). 123SDD  Exempt welfare payment recipient—person is the principal carer of a child  (1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient if:  (a) the person is the principal carer of a child who is a school age child or younger; and  (b) in relation to each child who is a school age child—the Secretary is satisfied that:  (i) the child is enrolled at a school, and, in each of the last 2 school terms that have ended, the child has had no more than 5 absences for reasons that are not satisfactory to a person responsible for the operation of the school; or  (ii) the child is enrolled at a school, and, in each of the last 2 school terms that have ended, the child has had more than 5 absences for reasons that are not satisfactory to a person responsible for the operation of the school but the person is taking reasonable steps to ensure that the child attends school as required by the law of the State or Territory concerned; or  (iii) the child is covered by a schooling arrangement that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to enrol at, or attend, a school (for example, the child is home‑schooled), and the child’s schooling is progressing satisfactorily; or  (iv) the child is participating in an activity specified in an instrument made by the Minister under subsection (2); and  (c) in relation to each other child—the Secretary is satisfied that the person or the child is participating in the required number and kind of activities specified in an instrument made by the Minister under subsection (3); and  (d) the Secretary is satisfied that there were no indications of financial vulnerability in relation to the person during the last 12‑month period. Alternative activities for school age children  (2) The Minister may, by legislative instrument, make a determination specifying activities for school age children for the purposes of subparagraph (1)(b)(iv). Activities relating to children (other than school age children)  (3) The Minister must, by legislative instrument, make a determination specifying the number and kind of activities for a person, or the person’s child (other than a school age child), for the purposes of paragraph (1)(c).  (4) Without limiting subsection (3), the activities that may be specified under that subsection may relate to a child’s intellectual, physical or social development. Decision‑making principles relating to financial vulnerability  (5) In deciding whether the Secretary is satisfied as mentioned in paragraph (1)(d), the Secretary must comply with any decision‑making principles determined under subsection (6) for the purposes of this subsection.  (6) The Minister may, by legislative instrument, determine decision‑making principles for the purposes of subsection (5).  (7) A determination made by the Secretary under subsection (1) is not a legislative instrument.  (8) In this section: person responsible, for the operation of a school, has the same meaning as in Part 3C. 123SDE  Full‑time student   A person is a full‑time student for the purposes of this Part if the person:  (a) is an eligible recipient of youth allowance; and  (b) is undertaking full‑time study (within the meaning of section 541B of the 1991 Act). 123SDF  School age child  (1) For the purposes of this Part, a child is a school age child if the child is required, under a law of a State or Territory:  (a) to be enrolled at a school; or  (b) to attend a school at times required under that law. attendance, at a school, includes attendance at a place, for the purpose of schooling, that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to attend a school. enrolment, at a school, includes anything, for the purposes of schooling, that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to enrol at a school. Subdivision G—Volunteers 123SE  Persons subject to the enhanced income management regime—volunteers  (1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time if:  (a) at that time, a voluntary enhanced income management agreement is in force in relation to the person; or  (b) immediately before 6 March 2023, the person was a voluntary participant under section 124PH. Cessation—former section 124PH voluntary participants  (2) If paragraph (1)(b) applies to a person, the person may make a request to the Secretary to cease to be subject to the enhanced income management regime under this section. The request cannot be withdrawn or revoked.  (3) If the person does so, the Secretary must give the person a notice stating that the person ceases to be subject to the enhanced income management regime under this section. The notice comes into force on a day specified in the notice (which must be no later than 7 days after the day on which the request was made).  (4) A notice under subsection (3) has effect accordingly.  (5) A notice under subsection (3) is not a legislative instrument.  (6) Subsection (3) does not prevent paragraph (1)(a) applying in relation to the person at a later time.  (7) A person ceases to be subject to the enhanced income management regime under paragraph (1)(b) if the person becomes subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ, 123SCL, 123SD or 123SDA. 123SF  Voluntary enhanced income management agreement  (1) A person may enter into a written agreement with the Secretary under which the person agrees voluntarily to be subject to the enhanced income management regime throughout the period when the agreement is in force.  (2) An agreement under subsection (1) is to be known as a voluntary enhanced income management agreement.  (3) The Secretary must not enter into a voluntary enhanced income management agreement with a person unless:  (a) the person is an eligible recipient of a category A welfare payment; and  (b) the person’s usual place of residence is within a voluntary enhanced income management area or the Ceduna area, the East Kimberley area, the Goldfields area or the Bundaberg and Hervey Bay area; and  (c) if 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).  (4) The Secretary must not enter into a voluntary enhanced income management agreement with a person if:  (aa) the person is subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ, 123SCL, 123SD or 123SDA or paragraph 123SE(1)(b); or  (a) the person is subject to the income management regime under Part 3B; or  (b) during the 12‑month period ending when the voluntary enhanced income management agreement is to come into force, there were 4 occasions on which previous voluntary enhanced income management agreements relating to the person were terminated under subsection 123SH(3).  (5) The Minister may, by legislative instrument, determine that: is a voluntary enhanced income management area for the purposes of this Part. 123SG  Duration of voluntary enhanced income management agreement  (1) A voluntary enhanced income management agreement in relation to a person:  (a) comes into force at the time specified in the agreement, so long as:  (i) at that time, the person is an eligible recipient of a category A welfare payment; and  (ii) at that time, the person’s usual place of residence is within a voluntary enhanced income management area or the Ceduna area, the East Kimberley area, the Goldfields area or the Bundaberg and Hervey Bay area; and  (iii) if, at that 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  (iiia) at that time, the person is not subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ, 123SCL, 123SD or 123SDA or paragraph 123SE(1)(b); and  (iv) at that time, the person is not subject to the income management regime under Part 3B; and  (b) remains in force until:  (i) it is terminated under section 123SH, unless subparagraph (ii) applies; or  (ii) if the agreement specifies a period (which must be at least 13 weeks) during which it is to remain in force, and the agreement has not been terminated under section 123SH before the end of that period—the end of that period.  (2) If a voluntary enhanced income management agreement (the original agreement) in relation to a person is in force, subsection (1) does not prevent the Secretary from entering into a new voluntary enhanced income management agreement with the person, so long as the new agreement is expressed to come into force immediately after the original agreement ceases to be in force.  (3) If a voluntary enhanced income management agreement in relation to a person has ceased to be in force, subsection (1) does not prevent the Secretary from entering into a new voluntary enhanced income management agreement with the person. 123SH  Termination of voluntary enhanced income management agreement Termination by request  (1) If a voluntary enhanced income management agreement in relation to a person is in force, the person may, by written notice given to the Secretary, request the Secretary to terminate the agreement.  (2) However, a person may make a request under subsection (1) only if the agreement has been in force for at least 13 weeks.  (3) The Secretary must comply with a request made in accordance with subsections (1) and (2) by terminating the agreement as soon as practicable after receiving the request. Other grounds for termination  (a) a voluntary enhanced income management agreement in relation to a person is in force; and  (b) any of the following events occur:  (i) the person ceases to be an eligible recipient of a category A welfare payment;  (ii) in a case where the person has a Part 3B payment nominee—that nominee ceases to be subject to the enhanced income management regime or ceases to be subject to the income management regime (within the meaning of Part 3B);  (iii) the person becomes subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ, 123SCL, 123SD or 123SDA; the Secretary must terminate the agreement as soon as practicable after the occurrence of the event. Limit on new voluntary enhanced income management agreements  (5) If a voluntary enhanced income management agreement in relation to a person is terminated under this section, the Secretary must not enter into another voluntary enhanced income management agreement with the person within 21 days after the termination. Subdivision H—Relationship with other provisions 123SI  Relationship with other provisions  (1) If a person is subject to the enhanced income management regime at a particular time, then the person cannot be subject to the income management regime under Part 3B at that time.  (a) a person was a program participant under section 124PGE immediately before the start of 1 October 2022; and  (b) on or after 1 October 2022 and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person; then, despite section 123SCB, 123SCC, 123SCJ, 123SCL, 123SD or 123SDA, the person cannot become subject to the enhanced income management regime under that section at any time after the making of that determination. 123SIA  Requests to transfer from the income management regime Person’s request  (1) A person who is subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC or 123UFAA may make a request to the Secretary to transfer to the enhanced income management regime. The request cannot be withdrawn or revoked. Secretary’s notice  (2) If the person does so, the Secretary must give the person a written notice stating that the person is eligible to transfer to the enhanced income management regime.  (3) The notice comes into force on a day specified in the notice (which must be no later than 28 days after the day on which the request was made).  (4) The notice ceases to be in force immediately after the person first ceases to be subject to the enhanced income management regime.  (5) A notice under subsection (2) is not a legislative instrument. Division 3—Portioning of welfare payments Subdivision A—Persons subject to the enhanced income management regime—Queensland Commission 123SJ  Category B welfare payment to be split into qualified and unqualified portions  (1) If an instalment of a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SC:  (a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is the percentage determined by the Secretary under subsection (2) of this section, after consultation with the Queensland Commission; and  (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a). Note: The percentage may be varied under subsection (4).  (2) The Secretary may determine a percentage in relation to a person for the purposes of paragraph (1)(a).  (3) If a category B welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SC, 100% of the gross amount of the payment is qualified (the qualified portion). Note: The percentage may be varied under subsection (4).  (4) For a person who is subject to the enhanced income management regime under section 123SC, the Secretary may make a determination that:  (c) varies the percentage applicable under subsection (3) to 0%.  (5) The Secretary may make a determination under subsection (4) only if:  (a) the Secretary is satisfied that the person is unable to use the person’s debit card that was issued to the person and that is attached to the person’s BasicsCard bank account, or is unable to access that account, as a direct result of:  (iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or  (b) the person’s category B welfare payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:  (i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or When determinations take effect  (6) A determination under subsection (2) or (4) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made). Determinations are not legislative instruments  (7) A determination under subsection (2) or (4) is not a legislative instrument. 123SK  Payment of balance of qualified portion of category B welfare payment   If a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SC, the Secretary must pay the balance of the qualified portion of the payment to the credit of a BasicsCard bank account maintained by the person. 123SL  Recipient’s use of funds from category B welfare payments   A person who receives a category B welfare payment and is subject to the enhanced income management regime under section 123SC:  (a) may use the balance of the qualified portion of the payment, as paid under section 123SK, to obtain goods or services, other than: Subdivision AA—Persons subject to the enhanced income management regime—child protection 123SLA  Category B welfare payment to be split into qualified and unqualified portions  (1) If an instalment of a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SCA:  (ii) if a lower percentage is determined by the Minister under subsection (2) of this section—the lower percentage; and  (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).  (3) An instrument made under subsection (2) may determine different percentages in relation to different kinds of category B welfare payments.  (4) If a category B welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SCA:  (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).  (6) An instrument made under subsection (5) may determine different percentages in relation to different kinds of category B welfare payments.  (7) For a person who is subject to the enhanced income management regime under section 123SCA, the Secretary may make a determination that:  (a) the Secretary is satisfied that the person is unable to use the person’s debit card that was issued to the person and that is attached to the person’s BasicsCard bank account, or is unable to access that account, as a direct result of:  (iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or  (b) the person’s category B welfare payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:  (i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or  (9) A determination made under subsection (7) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made). 123SLB  Payment of balance of qualified portion of category B welfare payment   If a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SCA, the Secretary must pay the balance of the qualified portion of the payment to the credit of a BasicsCard bank account maintained by the person. 123SLC  Recipient’s use of funds from category B welfare payments   A person who receives a category B welfare payment and is subject to the enhanced income management regime under section 123SCA:  (a) may use the balance of the qualified portion of the payment, as paid under section 123SLB, to obtain goods or services, other than: Subdivision AB—Persons subject to the enhanced income management regime—school enrolment and attendance 123SLD  Category B welfare payment to be split into qualified and unqualified portions  (1) If an instalment of a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SCB or 123SCC:  (ii) if a lower percentage is determined by the Minister under subsection (2) of this section—the lower percentage; and  (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).  (3) An instrument made under subsection (2) may determine different percentages in relation to different kinds of category B welfare payments.  (4) If a category B welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SCB or 123SCC:  (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).  (6) An instrument made under subsection (5) may determine different percentages in relation to different kinds of category B welfare payments.  (7) For a person who is subject to the enhanced income management regime under section 123SCB or 123SCC, the Secretary may make a determination that:  (a) the Secretary is satisfied that the person is unable to use the person’s debit card that was issued to the person and that is attached to the person’s BasicsCard bank account, or is unable to access that account, as a direct result of:  (iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or  (b) the person’s category B welfare payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:  (i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or  (9) A determination made under subsection (7) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made). 123SLE  Payment of balance of qualified portion of category B welfare payment   If a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SCB or 123SCC, the Secretary must pay the balance of the qualified portion of the payment to the credit of a BasicsCard bank account maintained by the person. 123SLF  Recipient’s use of funds from category B welfare payments   A person who receives a category B welfare payment and is subject to the enhanced income management regime under section 123SCB or 123SCC:  (a) may use the balance of the qualified portion of the payment, as paid under section 123SLE, to obtain goods or services, other than: Subdivision AC—Persons subject to the enhanced income management regime—referrals by recognised State/Territory authority 123SLG  Category B welfare payment to be split into qualified and unqualified portions  (1) If an instalment of a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SCJ:  (i) 70%, unless subparagraph (ii) applies; or  (ii) if another percentage is determined by the Minister under subsection (2) of this section—the other percentage; and  (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).  (3) An instrument made under subsection (2) may determine different percentages depending on one or more of the following:  (a) the different kinds of category B welfare payments payable to persons subject to the enhanced income management regime under section 123SCJ;  (c) the recognised State/Territory authority.  (4) If a category B welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SCJ:  (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).  (6) An instrument made under subsection (5) may determine different percentages depending on one or more of the following:  (a) the different kinds of category B welfare payments payable to persons subject to the enhanced income management regime under section 123SCJ;  (c) the recognised State/Territory authority.  (7) For a person who is subject to the enhanced income management regime under section 123SCJ, the Secretary may make a determination that:  (a) the Secretary is satisfied that the person is unable to use the person’s debit card that was issued to the person and that is attached to the person’s BasicsCard bank account, or is unable to access that account, as a direct result of:  (iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or  (b) the person’s category B welfare payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:  (i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or  (9) A determination made under subsection (7) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made). 123SLH  Payment of balance of qualified portion of category B welfare payment   If a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SCJ, the Secretary must pay the balance of the qualified portion of the payment to the credit of a BasicsCard bank account maintained by the person. 123SLI  Recipient’s use of funds from category B welfare payments   A person who receives a category B welfare payment and is subject to the enhanced income management regime under section 123SCJ:  (a) may use the balance of the qualified portion of the payment, as paid under section 123SLH, to obtain goods or services, other than: Subdivision AD—Persons subject to the enhanced income management regime—vulnerable welfare payment recipients 123SLJ  Relevant payment to be split into qualified and unqualified portions  (1) If an instalment of a relevant payment is payable to a person who is subject to the enhanced income management regime under section 123SCL:  (ii) if another percentage is determined by the Minister under subsection (2) of this section—the other percentage; and  (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).  (3) An instrument made under subsection (2) may determine different percentages in relation to different kinds of relevant payments.  (4) If a relevant payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SCL:  (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).  (6) An instrument made under subsection (5) may determine different percentages in relation to different kinds of relevant payments.  (7) For a person who is subject to the enhanced income management regime under section 123SCL, the Secretary may make a determination that:  (a) the Secretary is satisfied that the person is unable to use the person’s debit card that was issued to the person and that is attached to the person’s BasicsCard bank account, or is unable to access that account, as a direct result of:  (iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or  (b) the person’s relevant payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:  (i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or  (9) A determination under subsection (7) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).  (10) A determination under subsection (7) is not a legislative instrument. 123SLK  Payment of balance of qualified portion of relevant payment   If a relevant payment is payable to a person who is subject to the enhanced income management regime under section 123SCL, the Secretary must pay the balance of the qualified portion of the payment to the credit of a BasicsCard bank account maintained by the person. 123SLL  Recipient’s use of funds from relevant payments   A person who receives a relevant payment and is subject to the enhanced income management regime under section 123SCL:  (a) may use the balance of the qualified portion of the payment, as paid under section 123SLK, to obtain goods or services, other than: Subdivision B—Persons subject to the enhanced income management regime—disengaged youth and long‑term welfare payment recipients 123SM  Category D welfare payment to be split into qualified and unqualified portions  (1) If an instalment of a category D welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SD or 123SDA:  (ii) if another percentage is determined by the Minister under subsection (1A) of this section—the other percentage; and  (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).  (1A) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (1)(a)(ii).  (1B) An instrument made under subsection (1A) may determine different percentages in relation to different kinds of category D welfare payments.  (2) If a category D welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SD or 123SDA:  (ii) if a lower percentage is determined by the Minister under subsection (2A) of this section—the lower percentage; and  (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).  (2A) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (2)(a)(ii).  (2B) An instrument made under subsection (2A) may determine different percentages in relation to different kinds of category D welfare payments.  (3) For a person who is subject to the enhanced income management regime under section 123SD or 123SDA, the Secretary may make a determination that:  (c) varies the percentage applicable under paragraph (2)(a) to 0%; and  (d) varies the percentage applicable under paragraph (2)(b) to 100%.  (4) The Secretary may make a determination under subsection (3) only if:  (a) the Secretary is satisfied that the person is unable to use the person’s debit card that was issued to the person and that is attached to the person’s BasicsCard bank account, or is unable to access that account, as a direct result of:  (iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or  (b) the person’s category D welfare payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:  (i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or  (5) A determination under subsection (3) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).  (6) A determination under subsection (3) is not a legislative instrument. 123SN  Payment of balance of qualified portion of category D welfare payment   If a category D welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SD or 123SDA, the Secretary must pay the balance of the qualified portion of the payment to the credit of a BasicsCard bank account maintained by the person. 123SO  Recipient’s use of funds from category D welfare payments   A person who receives a category D welfare payment and is subject to the enhanced income management regime under section 123SD or 123SDA:  (a) may use the balance of the qualified portion of the payment, as paid under section 123SN, to obtain goods or services, other than: Subdivision C—Persons subject to the enhanced income management regime—volunteers 123SP  Category B welfare payment to be split into qualified and unqualified portions  (1) If an instalment of a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SE:  (ii) if another percentage is determined by the Minister under subsection (1A) of this section—the other percentage; and  (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).  (1A) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (1)(a)(ii).  (1B) An instrument made under subsection (1A) may determine different percentages in relation to different kinds of category B welfare payments.  (2) If a category B welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SE:  (ii) if a lower percentage is determined by the Minister under subsection (2A) of this section—the lower percentage; and  (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).  (2A) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (2)(a)(ii).  (2B) An instrument made under subsection (2A) may determine different percentages in relation to different kinds of category B welfare payments.  (3) For a person who is subject to the enhanced income management regime under section 123SE, the Secretary may make a determination that:  (c) varies the percentage applicable under paragraph (2)(a) to 0%; and  (d) varies the percentage applicable under paragraph (2)(b) to 100%.  (4) The Secretary may make a determination under subsection (3) only if:  (a) the Secretary is satisfied that the person is unable to use the person’s debit card that was issued to the person and that is attached to the person’s BasicsCard bank account, or is unable to access that account, as a direct result of:  (iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or  (b) the person’s category B welfare payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:  (i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or  (5) A determination under subsection (3) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).  (6) A determination under subsection (3) is not a legislative instrument. 123SQ  Payment of balance of qualified portion of category B welfare payment   If a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SE, the Secretary must pay the balance of the qualified portion of the payment to the credit of a BasicsCard bank account maintained by the person. 123SR  Recipient’s use of funds from category B welfare payments   A person who receives a category B welfare payment:  (a) may use the balance of the qualified portion of the payment, as paid under section 123SQ, to obtain goods or services, other than: Division 4—Information 123SS  Disclosure of information to the Secretary—financial institution  (1) Despite any law (whether written or unwritten) in force in a State or Territory, an officer or employee of a financial institution may give the Secretary information about a person if:  (a) the person is subject to the enhanced income management regime; and Note: Subsection 202(8A) allows a person to disclose information about a BasicsCard bank account to a financial institution.  (2) If information about a person is disclosed as mentioned in subsection (1), the Secretary may disclose information about the person to an officer or employee of the financial institution for the purposes of the performance of the duties, or the exercise of the powers, of the officer or employee. 123ST  Disclosure of information—Queensland Commission  (1) Despite any law (whether written or unwritten) in force in Queensland, the Queensland Commission may give the Secretary information about a person if:  (i) the person is subject to the enhanced income management regime under section 123SC; or  (ii) the Queensland Commission is considering whether to give a notice of the kind referred to in paragraph 123SC(1)(b) in relation to the person; and  (2) If information about a person is disclosed by the Queensland Commission as mentioned in subsection (1), the Secretary may disclose information about the person to the Queensland Commission for the purposes of the performance of the functions, or the exercise of the powers, of the Queensland Commission.  (a) a person ceases to be subject to the enhanced income management regime under section 123SC because of the cancellation of a category A welfare payment of the person or the person’s partner; and  (b) immediately before the cancellation, the relevant notice referred to in paragraph 123SC(1)(b) or (3)(a) had not been withdrawn or revoked and had not expired; then, as soon as practicable after the cancellation, the Secretary must give the Queensland Commission written notice of the cancellation. 123STA  Disclosure of information—child protection  (1) Despite any law (whether written or unwritten) in force in a State or Territory, a child protection officer of a State or Territory may give the Secretary information about a person if:  (i) the person is subject to the enhanced income management regime under section 123SCA; or  (ii) the child protection officer is considering whether to give a notice of the kind referred to in paragraph 123SCA(1)(b) in relation to the person; and  (2) If information about a person is disclosed by a child protection officer of a State or Territory as mentioned in subsection (1), the Secretary may disclose information about the person to a child protection officer of the State or Territory for the purposes of the operation of this Part.  (a) a person ceases to be subject to the enhanced income management regime under section 123SCA because of the cancellation of a category A welfare payment of the person or the person’s partner; and  (b) immediately before the cancellation, the notice referred to in paragraph 123SCA(1)(b), that was given to the person by a child protection officer of a State or Territory, is in force; then, as soon as practicable after the cancellation, the Secretary must give a child protection officer of the State or Territory written notice of the cancellation. 123STB  Disclosure of information—school enrolment and attendance  (1) Despite any law (whether written or unwritten) in force in a State or Territory: may give the Secretary information about the enrolment, or non‑enrolment, of children at school if the information is relevant to the operation of this Part.  (2) Despite any law (whether written or unwritten) in force in a State or Territory: may give the Secretary information about the attendance, or non‑attendance, of children at school if the information is relevant to the operation of this Part. 123STC  Disclosure of information—referrals by recognised State/Territory authority  (1) Despite any law (whether written or unwritten) in force in a State or Territory, an officer or employee of a recognised State/Territory authority may give the Secretary information about a person if:  (i) the person is subject to the enhanced income management regime under section 123SCJ; or  (ii) the officer or employee is considering whether to give a notice of the kind referred to in paragraph 123SCJ(1)(b) in relation to the person; and  (2) If information about a person is disclosed by an officer or employee of a recognised State/Territory authority as mentioned in subsection (1), the Secretary may disclose information about the person to an officer or employee of the recognised State/Territory authority for the purposes of the operation of this Part.  (a) a person ceases to be subject to the enhanced income management regime under section 123SCJ because of the cancellation of a category A welfare payment of the person or the person’s partner; and  (b) immediately before the cancellation, the notice referred to in paragraph 123SCJ(1)(b), that was given to the person by an officer or employee of a recognised State/Territory authority, is in force; then, as soon as practicable after the cancellation, the Secretary must give an officer or employee of the recognised State/Territory authority written notice of the cancellation. 123SU  BasicsCard bank accounts  (1) For the purposes of this Part, the Secretary may, by legislative instrument, determine a kind of bank account to be maintained by a person who is subject to the enhanced income management regime for the receipt of payments under this Part.  (2) A legislative instrument determining a kind of bank account may also prescribe terms and conditions relating to the establishment, ongoing maintenance and closure of the bank account so determined. 123SV  Exceptions to Part IV of the Competition and Consumer Act 2010  (1) For the purposes of subsection 51(1) of the Competition and Consumer Act 2010, the declining of a transaction by a financial institution is specified and specifically authorised if the transaction would involve:  (a) money in a BasicsCard bank account; and  (b) a business of a kind specified in a legislative instrument made under subsection (2).  (2) The Secretary may, by legislative instrument, declare a kind of business, whether by reference to merchant category codes, terminal identification codes, card accepted identification codes or otherwise, in relation to which transactions involving money in a BasicsCard bank account may be declined by a financial institution.  (3) For the purposes of subsection 51(1) of the Competition and Consumer Act 2010, the declining of a transaction by a supplier of goods or services is specified and specifically authorised if the transaction would involve:  (a) money in a BasicsCard bank account; and  (b) the obtaining of:  (ii) a cash‑like product that could be used to obtain excluded goods or excluded services.  (4) To avoid doubt, for the purposes of this section, it does not matter whether money in a BasicsCard bank account represents the qualified portion or unqualified portion of a payment. 123SVA  Periodic estimates of cost of enhanced income management regime  (1) As soon as practicable after the end of each reporting period, the Minister must prepare a written estimate of the full cost to the Commonwealth (as at the end of the period) of the operation of the enhanced income management regime established by this Part.  (2) The Minister must cause the estimate for a reporting period to be:  (a) published on the Department’s website as soon as practicable after it is prepared; and  (b) tabled in each House of the Parliament within 7 sitting days of that House after the estimate is published under paragraph (a). reporting period means the following:  (a) the period of 6 months beginning on the day this section commences;  (b) the period of 12 months beginning on the day after the end of the period mentioned in paragraph (a);  (c) each subsequent 12‑month period. 123SW  This Part has effect despite other provisions etc.   This Part has effect despite anything in:  (a) any other provision of this Act; or  (b) the 1991 Act; or  (c) the Family Assistance Act; or  (d) the Family Assistance Administration Act. Part 3B—Income management regime 123TA  Simplified outline   The following is a simplified outline of this Part: • This Part sets up an income management regime for recipients of certain welfare payments. • A person may become subject to the income management regime because:  (a) a child protection officer of a State or Territory requires the person to be subject to the income management regime; or  (b) the Secretary has determined that the person is a vulnerable welfare payment recipient; or  (c) the person meets the criteria relating to disengaged youth; or  (d) the person meets the criteria relating to long‑term welfare payment recipients; or  (e) the person, or the person’s partner, has a child who does not meet school enrolment requirements; or  (f) the person, or the person’s partner, has a child who has unsatisfactory school attendance; or  (g) the Queensland Commission requires the person to be subject to the income management regime; or  (ga) an officer or employee of a recognised State/Territory authority requires the person to be subject to the income management regime; or  (h) the person voluntarily agrees to be subject to the income management regime. • A person who is subject to the income management regime will have an income management account. • Amounts will be deducted from the person’s welfare payments and credited to the person’s income management account. • Amounts will be debited from the person’s income management account for the purposes of enabling the Secretary to take action directed towards meeting the priority needs of:  (a) the person; and  (b) the person’s children (if any); and  (c) the person’s partner (if any); and  (d) any other dependants of the person. 123TB  Objects   The objects of this Part are as follows:  (a) to reduce immediate hardship and deprivation by ensuring that the whole or part of certain welfare payments is directed to meeting the priority needs of:  (i) the recipient of the welfare payment; and  (ii) the recipient’s children (if any); and  (iii) the recipient’s partner (if any); and  (iv) any other dependants of the recipient;  (b) to ensure that recipients of certain welfare payments are given support in budgeting to meet priority needs;  (c) to reduce the amount of certain welfare payments available to be spent on alcoholic beverages, gambling, tobacco products and pornographic material;  (d) to reduce the likelihood that recipients of welfare payments will be subject to harassment and abuse in relation to their welfare payments;  (e) to encourage socially responsible behaviour, including in relation to the care and education of children;  (f) to improve the level of protection afforded to welfare recipients and their families. 123TC  Definitions 2020 economic support payment means:  (a) a first 2020 economic support payment under Division 1 of Part 2.6B of the 1991 Act; or  (b) a second 2020 economic support payment under Division 2 of Part 2.6B of the 1991 Act; or  (c) a first 2020 economic support payment under the ABSTUDY Scheme; or  (d) a second 2020 economic support payment under the ABSTUDY Scheme; or  (e) a first 2020 economic support payment under Division 1 of Part 9 of the Family Assistance Act; or  (f) a second 2020 economic support payment under Division 2 of Part 9 of the Family Assistance Act. 2022 cost of living payment means:  (a) a 2022 cost of living payment under Division 1 of Part 2.6D of the 1991 Act; or  (b) a 2022 cost of living payment under the ABSTUDY Scheme. account statement, in relation to an income management account, means a statement that sets out:  (a) the amounts credited to the income management account during a particular period; and  (b) the amounts debited from the income management account during that period; and  (c) the balance of the income management account as at the end of that period. acquire has the same meaning as in the Competition and Consumer Act 2010. additional economic support payment means:  (a) an additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act; or  (b) an additional economic support payment 2021 under Division 2 of Part 2.6C of the 1991 Act; or  (c) an additional economic support payment 2020 under Division 1 of Part 10 of the Family Assistance Act; or  (d) an additional economic support payment 2021 under Division 2 of Part 10 of the Family Assistance Act. applicable school period has the meaning given by section 123UI. category E welfare payment means:  (a) youth allowance; or  (b) jobseeker payment; or  (c) special benefit; or  (d) pension PP (single); or  (e) benefit PP (partnered). category H welfare payment means:  (c) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance; or  (d) a service pension; or  (e) income support supplement; or  (ea) a veteran payment. category I welfare payment means:  (a) a category H welfare payment; or  (g) carer allowance; or  (ga) child disability assistance; or  (gb) carer supplement; or  (h) mobility allowance; or  (i) pensioner education supplement; or  (j) telephone allowance under Part 2.25 of the 1991 Act; or  (k) veterans supplement under section 118B of the Veterans’ Entitlements Act; or  (n) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or  (o) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or  (p) a social security bereavement payment; or  (q) a veterans’ entitlement bereavement payment; or  (s) an advance payment under Part 2.22 of the 1991 Act; or  (t) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or  (u) a mobility allowance advance under section 1045 of the 1991 Act; or  (v) an advance payment under Part IVA of the Veterans’ Entitlements Act. category P welfare payment means:  (c) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance. category Q welfare payment means:  (a) a category P welfare payment; or  (b) carer allowance; or  (ba) child disability assistance; or  (bb) carer supplement; or  (c) mobility allowance; or  (d) pensioner education supplement; or  (e) telephone allowance under Part 2.25 of the 1991 Act; or  (f) utilities allowance under Part 2.25A of the 1991 Act; or  (g) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or  (h) a social security bereavement payment (other than a social security bereavement payment in relation to an age pension or a carer payment); or  (i) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or  (j) an advance payment under Part 2.22 of the 1991 Act (other than an advance payment of an age pension or a carer payment); or  (k) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or  (l) a mobility allowance advance under section 1045 of the 1991 Act; or  (m) double orphan pension; or  (n) family tax benefit under the Family Assistance Act; or  (o) family tax benefit advance under the Family Assistance Administration Act; or  (p) stillborn baby payment under the Family Assistance Act. category R welfare payment means:  (c) a service pension; or  (d) income support supplement; or  (da) a veteran payment. category S welfare payment means:  (a) family tax benefit under the Family Assistance Act; or  (b) family tax benefit advance under the Family Assistance Administration Act; or  (c) stillborn baby payment under the Family Assistance Act; or  (e) double orphan pension; or  (fa) child disability assistance; or  (fb) carer supplement; or  (g) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre. child of a person means:  (a) a child for whom the person is the principal carer; or  (b) an FTB child of the person; or  (c) on or after 1 July 2008—a regular care child of the person. This definition does not apply to:  (d) the definition of child protection officer in this section; or  (e) Division 2; or  (f) subsection 123ZE(2); or  (g) section 123ZEB. child protection officer means an officer or employee of a State or Territory who has functions, powers or duties in relation to the care, protection or welfare of children. clean energy income‑managed payment means:  (a) a clean energy advance under the 1991 Act; or  (c) a clean energy advance under the Family Assistance Act; or  (d) quarterly energy supplement under the 1991 Act; or  (e) quarterly energy supplement under the Veterans’ Entitlements Act for service pension. closure day means the day on which Part 1 of Schedule 1 to the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 commences. declared child protection State or Territory has the meaning given by section 123TF. declared primary school area has the meaning given by subsection 123TG(1). declared secondary school area has the meaning given by subsection 123TG(3). declared voluntary income management area has the meaning given by section 123TGA. economic security strategy payment means:  (a) an economic security strategy payment under Part 2.17 of the 1991 Act; or  (b) an economic security strategy payment under Part VIIG of the Veterans’ Entitlements Act; or  (c) an economic security strategy payment to families under Part 6 of the Family Assistance Act; or  (d) a payment under the scheme determined under Schedule 4 to the Social Security and Other Legislation Amendment (Economic Security Strategy) Act 2008. eligible care child has the meaning given by section 123UH. eligible care period has the meaning given by section 123UJ. eligible recipient has the meaning given by section 123TK. ETR income‑managed payment means:  (a) ETR payment under the Family Assistance Act; or  (b) ETR payment under the Veterans’ Entitlements Act. excluded goods has the meaning given by subsection 123TI(1). excluded Part 3B payment nominee means:  (a) the Public Trustee (however described) of a State or Territory; or  (b) a Part 3B payment nominee who:  (i) is not subject to the enhanced income management regime (within the meaning of Part 3AA); and  (ii) is not subject to the income management regime. excluded service has the meaning given by subsection 123TI(2). exempt welfare payment recipient has the meaning given by section 123UGB, 123UGC or 123UGD. family law order means:  (a) a parenting order within the meaning of section 64B of the Family Law Act 1975; or  (b) a family violence order within the meaning of section 4 of that Act; or  (c) a State child order registered under section 70D of that Act; or  (d) an overseas child order registered under section 70G of that Act. full‑time student has the meaning given by section 123UGF. household stimulus payment means:  (a) a training and learning bonus under Part 2.18 of the 1991 Act; or  (c) an education entry payment supplement under Division 14 of Part 2.13A of the 1991 Act; or  (d) a back to school bonus or single income family bonus under Part 7 of the Family Assistance Act; or  (e) a payment under the scheme determined under Schedule 4 to the Household Stimulus Package Act (No. 2) 2009. income management account means a notional account kept in accordance with section 123WA. Income Management Record means the Income Management Record established by section 123VA. income tax law has the same meaning as in the Income Tax Assessment Act 1997. net amount of an instalment or payment means:  (a) if a deduction is made from, or an amount is set off against, the instalment or payment under:  (i) section 61 or 238 of this Act; or  (ii) section 1231 of the 1991 Act; or  (iii) section 84, 84A, 92, 92A, 225, 226 or 227 of the Family Assistance Administration Act; or  (iv) section 50A, 50B, 58J, 79L, 122B, 122D, 205 or 205AA of the Veterans’ Entitlements Act;   so much of the instalment or payment as remains after the deduction is made or the set‑off occurs, as the case may be; or  (b) in any other case—the amount of the instalment or payment. non‑alcoholic beverage means a beverage other than an alcoholic beverage. parenting plan has the same meaning as in the Family Law Act 1975. Part 3B payment nominee means:  (a) a person who is, by virtue of an appointment in force under section 123B of this Act or section 219TB of the Family Assistance Administration Act, the payment nominee of another person; or  (b) a person to whom payment of another person’s service pension or veteran payment is made by virtue of an approval in force under section 58D of the Veterans’ Entitlements Act; or  (c) a person to whom payment of another person’s service pension or veteran payment is made by virtue of an appointment in force under section 202 of the Veterans’ Entitlements Act; or  (d) a person to whom another person’s instalments of youth allowance are to be paid in accordance with subsection 45(1) of this Act. pornographic material has the meaning given by section 123TJ. priority needs has the meaning given by section 123TH. quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October. Queensland Commission means a body or agency that:  (a) is established by a law of Queensland; and  (b) is specified in a legislative instrument made by the Minister for the purposes of this paragraph. recognised State or Territory has the meaning given by section 123TGAB. recognised State/Territory authority has the meaning given by section 123TGAA. registered parenting plan has the same meaning as in the Family Law Act 1975. repeal day means the day on which Part 2 of Schedule 1 to the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 commences. school age child has the meaning given by section 123UGG. stored value card includes a portable device that is:  (a) capable of storing monetary value in a form other than physical currency; and  (b) of a kind specified in a legislative instrument made by the Minister for the purposes of this paragraph. subject to the income management regime has the meaning given by section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF, 123UFAA or 123UFA. supply has the same meaning as in the Competition and Consumer Act 2010. tobacco product means:  (a) a tobacco product within the meaning of the Public Health (Tobacco and Other Products) Act 2023; or  (b) an e‑cigarette product (within the meaning of that Act) that contains tobacco. unsatisfactory school attendance situation has the meaning given by section 123UK. veterans’ entitlement bereavement payment means:  (a) a bereavement payment within the meaning of subsection 53K(3) of the Veterans’ Entitlements Act; or  (b) a bereavement payment paid under subsection 53L(4) of that Act; or  (c) an amount paid under subsection 53Q(1) of that Act; or  (d) a bereavement payment within the meaning of subsection 53T(1) of that Act. voluntary income management agreement means an agreement under section 123UM. vulnerable welfare payment recipient has the meaning given by section 123UGA. 123TF  Declared child protection State or Territory   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. 123TG  Declared primary school area and declared secondary school area Declared primary school area is a declared primary school area for the purposes of this Part.  (2) This Part does not prevent an area specified under paragraph (1)(c) from being described as the area within the boundary of premises occupied by a particular primary school. Declared secondary school area  (3) The Minister may, by legislative instrument, determine that: is a declared secondary school area for the purposes of this Part.  (4) This Part does not prevent an area specified under paragraph (3)(c) from being described as the area within the boundary of premises occupied by a particular secondary school. 123TGAA  Recognised State/Territory authority  (a) a specified department, or a specified part of a department, of a State or Territory; or  (b) a specified body of a State or Territory; or  (c) a specified agency of a State or Territory; is a recognised State/Territory authority for the purposes of this Part. Functions, powers or duties of officers or employees  (2) Before making a determination under subsection (1), the Minister must be satisfied that officers or employees of the department or part of the department, or of the body or agency, have functions, powers or duties in relation to the care, protection, welfare or safety of adults, children or families. Appropriate review process  (3) Before making a determination under subsection (1), the Minister must be satisfied that there is an appropriate process for reviewing any decisions to give notices of the kind referred to in paragraph 123UFAA(1)(b) that could be made by officers or employees of the department or part of the department or of the body or agency if the Minister were to make the determination.  (4) In deciding whether the Minister is satisfied as mentioned in subsection (3), the Minister must have regard to the following:  (a) the cost of the review process to applicants;  (b) the timeliness of the review process;  (c) whether the review process provides that applicants are entitled to be represented and heard;  (d) the degree of independence of the review process;  (e) whether the review process provides for the use of the services of an interpreter. This subsection does not limit the matters to which the Minister may have regard to in deciding whether the Minister is satisfied as mentioned in subsection (3). 123TGAB  Recognised State or Territory   The Minister may, by legislative instrument, determine that a specified State or Territory is a recognised State or Territory for the purposes of this Part. 123TGA  Declared voluntary income management area   The Minister may, by legislative instrument, determine that: is a declared voluntary income management area for the purposes of this Part. 123TH  Priority needs  (1) For the purposes of this Part, a person’s priority needs are as follows:  (a) food;  (b) non‑alcoholic beverages;  (c) clothing;  (d) footwear;  (e) basic personal hygiene items;  (f) basic household items;  (g) housing, including:  (i) rent; and  (ii) home loan repayments; and  (iii) repairs; and  (iv) maintenance;  (h) household utilities, including:  (i) electricity; and  (ii) gas; and  (iii) water; and  (iv) sewerage; and  (v) garbage collection; and  (vi) fixed‑line telephone;  (i) rates and land tax;  (j) health, including:  (i) medical, nursing, dental or other health services; and  (ii) pharmacy items; and  (iii) the supply, alteration or repair of artificial teeth; and  (iv) the supply, alteration or repair of an artificial limb (or part of a limb), artificial eye or hearing aid; and  (v) the supply, alteration or repair of a medical or surgical appliance; and  (vi) the testing of eyes; and  (vii) the prescribing of spectacles or contact lenses; and  (viii) the supply of spectacles or contact lenses; and  (ix) the management of a disability;  (k) child care and development;  (l) education and training;  (m) items required for the purposes of the person’s employment, including:  (i) a uniform or other occupational clothing; and  (ii) protective footwear; and  (iii) tools of trade;  (n) funerals;  (o) public transport services, where the services are used wholly or partly for purposes in connection with any of the above needs;  (p) the acquisition, repair, maintenance or operation of:  (i) a motor vehicle; or  (ii) a motor cycle; or  (iii) a bicycle;   that is used wholly or partly for purposes in connection with any of the above needs;  (q) any thing specified in a legislative instrument made by the Minister for the purposes of this paragraph.  (2) For the purposes of this Part, excluded goods or excluded services are not priority needs. 123TI  Excluded goods and excluded services Excluded goods  (1) Each of the following goods are excluded goods for the purposes of this Part:  (a) alcoholic beverages;  (b) tobacco products;  (c) pornographic material;  (d) goods specified in a legislative instrument made by the Minister for the purposes of this paragraph. Excluded services  (2) Each of the following services is an excluded service for the purposes of this Part:  (a) gambling;  (b) a service specified in a legislative instrument made by the Minister for the purposes of this paragraph. 123TJ  Pornographic material  (1) For the purposes of this Part, pornographic material is:  (a) a publication, film or computer game classified RC; or  (b) an unclassified publication, film or computer game that contains material that would be likely to cause it to be classified RC; or  (c) a publication classified Category 1 restricted or Category 2 restricted; or  (d) an unclassified publication that contains material that would be likely to cause it to be classified Category 1 restricted or Category 2 restricted; or  (e) a film classified X 18+; or  (f) an unclassified film that contains material that would be likely to cause it to be classified X 18+.  (2) An expression used in subsection (1) and in the Classification (Publications, Films and Computer Games) Act 1995 has the same meaning in subsection (1) as it has in that Act. 123TK  Eligible recipient  (1) For the purposes of this Part, if a claim by a person for a particular payment is granted, the person is an eligible recipient of the payment during the period:  (a) beginning on:  (i) if the payment is in relation to a service pension or income support supplement—the provisional commencement day (within the meaning of the Veterans’ Entitlements Act) for the payment; or  (ii) in any other case—the start day for the payment; and  (b) ending when the payment is cancelled.  (2) For the purposes of this Part, a person is an eligible recipient of a veteran payment while the person is receiving that payment. Division 2—Persons subject to the income management regime Subdivision A—Situations in which a person is subject to the income management regime 123UA  Persons subject to the income management regime   This Subdivision sets out the various situations in which a person is subject to the income management regime. 123UC  Persons subject to the income management regime—child protection  (1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:  (b) before the test time, 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 this section; and  (i) under a law (whether written or unwritten) in force in a State or Territory (other than a law of the Commonwealth); or  (d) at the test time, the notice had not been withdrawn or revoked; 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—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 123UF; and  (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  (ii) subject to the enhanced income management regime under subsection 123SCA(1).  (3) 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. 123UCA  Persons subject to the income management regime—vulnerable welfare payment recipients  (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 H welfare payment; and  (b) 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 (3); and  (c) at the test time, the person is a vulnerable welfare payment recipient; and  (d) 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  (e) at the test time, the person is not subject to the income management regime under section 123UC, 123UD, 123UE, 123UF or 123UFAA.  (b) paragraph (1)(b) ceases to apply in relation to the person; and  (c) at the time of that cessation, paragraphs (1)(a), (c), (d) and (e) apply in relation to the person; then the person remains subject to the income management regime under subsection (1) until paragraph (1)(a), (c), (d) or (e) ceases to apply in relation to the person.  (3) The Minister may, by legislative instrument, specify a State, a Territory or an area for the purposes of this section.  (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 subsection (1) 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.  (6) 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. 123UCB  Persons subject to the income management regime—disengaged youth  (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 15 years of age and under 25 years of 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  (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 13 weeks during the 26‑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  (ii) subject to the enhanced income management regime under subsection 123SD(1) or 123SDA(1).  (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.  (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. 123UCC  Persons subject to the income management regime—long‑term welfare payment recipients  (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  (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  (ii) subject to the enhanced income management regime under subsection 123SD(3) or 123SDA(5).  (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.  (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. 123UD  Persons subject to the income management regime—school enrolment  (1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:  (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.  (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  (c) at the test time, the Part 3B payment nominee is subject to the income management regime under subsection (1).  (4B) If:  (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).  (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. 123UE  Persons subject to the income management regime—school attendance  (1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:  (b) at the test time, an unsatisfactory school attendance situation exists in relation to a child; and  (c) throughout a period that ended before the unsatisfactory school attendance situation came into existence, the child was an eligible care child of:  (i) the person; or  (ii) the person’s partner; and  (d) at the test time, the child is enrolled at a school; and  (e) if the school is a primary school—at the test time, the school is in a declared primary school area; and  (f) if the school is a secondary school—at the test time, the school is in a declared secondary school area; and  (g) before the test time, the person, or the person’s partner, had been given a formal warning under section 123UL; and  (h) the whole or a part of an applicable school period in relation to the child occurred in the period:  (i) beginning when the formal warning was given; and  (ii) ending at the test time; and  (i) 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  (j) at the test time, the person is not subject to the income management regime under section 123UC or 123UF; and  (k) at the test time, a determination under subsection (2) is not in force in relation to the person; and  (l) such other conditions (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph are satisfied.  (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  (c) at the test time, the Part 3B payment nominee is subject to the income management regime under subsection (1).  (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. 123UF  Persons subject to the income management regime—Queensland Commission  (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 P welfare payment; and  (b) before the test time, the Queensland Commission gave the Secretary a written notice requiring that the person be subject to the income management regime under this section; and  (c) the notice was given under a law of Queensland; and  (d) the notice was not given in such circumstances (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph; and  (e) at the test time, the notice had not been withdrawn or revoked; 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) the test time occurs before 1 January 2022.  (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, neither the person, nor the person’s partner, is an eligible recipient of a category P welfare payment; and  (b) at the test time, the person, or the person’s partner, is an eligible recipient of a category R welfare payment; and  (c) before the test time, the Queensland Commission gave the Secretary a written notice requiring that the person be subject to the income management regime under this section; and  (d) the notice was given under a law of Queensland; and  (e) the notice was not given in such circumstances (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph; and  (f) at the test time, the notice had not been withdrawn or revoked; and  (g) 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  (h) the test time occurs before 1 January 2022.  (3) 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  (c) at the test time, the Part 3B payment nominee is subject to the income management regime under subsection (1) or (2). Relationship with Part 3D  (4) If a person becomes a program participant under section 124PGD on a day (the trigger day), the following apply:  (a) despite any other provision of this Part, the Secretary may, on a day (the transfer day) before the end of 60 days beginning on the trigger day, pay, to the credit of a welfare restricted bank account (within the meaning of Part 3D) maintained by the person, an amount equal to the credit balance (if any) of the person’s income management account as at the end of the day before the transfer day;  (b) immediately after any such payment:  (i) the Income Management Record is debited by an amount equal to the payment; and  (ii) the person’s income management account is debited by an amount equal to the payment;  (c) if the person is subject to the income management regime under subsection (1) on the day before the trigger day—the person ceases to be subject to the income management regime under subsection (1) on the trigger day. 123UFAA  Persons subject to the income management regime—other State/Territory referrals  (1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:  (b) before the test time, an officer or employee of a recognised State/Territory authority gave the Secretary a written notice requiring that the person be subject to the income management regime under this section; and  (i) under a law (whether written or unwritten) in force in a State or Territory (other than a law of the Commonwealth); or  (d) at the test time, the notice had not been withdrawn or revoked; and  (e) at the test time, the State or Territory is a recognised State or Territory; 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, 123UD, 123UE or 123UF.  (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  (ii) subject to the enhanced income management regime under subsection 123SCJ(1).  (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.  (5) 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. 123UFA  Persons subject to the income management regime—voluntary income management agreement  (1) For the purposes of this Part, a person is subject to the income management regime at a particular time if, at that time, a voluntary income management agreement is in force in relation to the person.  (2) 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. Subdivision BA—Additional provisions relating to vulnerable welfare payment recipients 123UGA  Vulnerable welfare payment recipients Determination by Secretary  (1) The Secretary may, by writing, determine that a person is a vulnerable welfare payment recipient for the purposes of this Part.  (2) In making a determination under subsection (1), the Secretary must comply with any decision‑making principles set out in a legislative instrument made by the Minister for the purposes of this subsection. Duration of determination  (3) A determination made under subsection (1):  (a) comes into force:  (i) on the day on which it is made; or  (ii) if a later day is specified in the determination—on that later day; and  (b) remains in force (unless earlier revoked):  (i) for 12 months; or  (ii) if a shorter period is specified in the determination—for that shorter period. New determinations  (4) If a determination made under subsection (1) is, or has been, in force in relation to a person, subsection (3) does not prevent the Secretary from making a new determination under subsection (1) in relation to that person. Variation and revocation  (5) The Secretary may, by writing, vary or revoke a determination made under subsection (1):  (a) on his or her own initiative; or  (b) on request made under subsection (8).  (6) In deciding whether to vary or revoke a determination made under subsection (1), the Secretary must comply with any decision‑making principles set out in an instrument made for the purposes of subsection (2).  (7) Subsection (5) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 to other instruments under this Act. Request to reconsider circumstances  (8) Subject to subsection (9), if a determination made under subsection (1) is in force in relation to a person, the person may request the Secretary to:  (a) reconsider the person’s circumstances; and  (b) vary, or revoke, the determination.  (9) A person must not make a request under subsection (8) in relation to a determination if, at any time during the preceding period of 90 days, the person has made a request under that subsection in relation to the same determination.  (10) If a person makes a request under subsection (8), the Secretary must reconsider the person’s circumstances unless the request was made in contravention of subsection (9).  (11) A determination made under subsection (1) is not a legislative instrument. Subdivision BB—Additional provisions relating to disengaged youth and long‑term welfare payment recipients 123UGB  Exempt welfare payment recipient—inclusion in specified class  (1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient if the Secretary is satisfied that the person is included in a class of persons specified in an instrument made by the Minister under subsection (2).  (2) The Minister may, by legislative instrument, specify a class of persons to be exempt welfare payment recipients for the purposes of this section. 123UGC  Exempt welfare payment recipient—person is not the principal carer of a child  (1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient at a particular time (the test time) if:  (a) at the test time, the person is not the principal carer of a child who is a school age child or younger; and  (b) the Secretary is satisfied that one of the following applies:  (i) the person is a full‑time student or a new apprentice at the test time;  (ii) within at least 4 of the last 6 fortnights before the test time, the person has received less than 25% of the maximum basic rate of youth allowance, jobseeker payment, pension PP (single) or benefit (PP) partnered (other than because a compliance penalty period applied to the person);  (iia) within at least 4 of the last 6 fortnights before the test time, the person has received less than 25% of the equivalent rate of special benefit (other than because a compliance penalty period applied to the person);  (iii) at the test time, the person is undertaking an activity specified in an instrument made by the Minister under subsection (2).  (2) The Minister may, by legislative instrument, specify activities for the purpose of subparagraph (1)(b)(iii). The activities may be specified by reference to a class of persons undertaking the activities. 123UGD  Exempt welfare payment recipient—person is the principal carer of a child  (1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient at a particular time (the test time) if:  (a) at the test time, the person is the principal carer of a child who is a school age child or younger; and  (b) in relation to each child who is a school age child—the Secretary is satisfied that:  (i) at the test time, the child is enrolled at a school, and, in each of the 2 school terms ending immediately before that time, the child has had no more than 5 absences for reasons that are not satisfactory to a person responsible for the operation of the school; or  (ia) at the test time, the child is enrolled at a school, and, in each of the 2 school terms ending immediately before that time, the child has had more than 5 absences for reasons that are not satisfactory to a person responsible for the operation of the school but the person is taking reasonable steps to ensure that the child attends school as required by the law of the State or Territory concerned; or  (ii) at the test time, the child is covered by a schooling arrangement that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to enrol at, or attend, a school (for example, the child is home‑schooled), and the child’s schooling is progressing satisfactorily; or  (iii) at the test time, the child is participating in an activity specified in an instrument made by the Minister under subsection (2); and  (c) in relation to each other child—the Secretary is satisfied that, at the test time, the person or the child is participating in the required number and kind of activities specified in an instrument made by the Minister under subsection (3); and  (d) the Secretary is satisfied that there were no indications of financial vulnerability in relation to the person during the 12‑month period ending immediately before the test time. Note: In deciding whether he or she is satisfied as mentioned in paragraph (1)(d), the Secretary must comply with decision‑making principles: see subsection (5). Alternative activities for school age children  (2) The Minister may, by legislative instrument, specify activities for the purpose of subparagraph (1)(b)(iii). Activities relating to children (other than school age children)  (3) The Minister must, by legislative instrument, specify the number and kind of activities that a person, or the person’s child (other than a school age child), may participate in for the purposes of paragraph (1)(c).  (4) The activities that may be specified under subsection (3) may relate to a child’s intellectual, physical or social development. Decision‑making principles relating to financial vulnerability  (5) In deciding whether he or she is satisfied as mentioned in paragraph (1)(d), the Secretary must comply with any decision‑making principles set out in a legislative instrument made by the Minister for the purposes of this subsection.  (6) A determination made by the Secretary under subsection (1) is not a legislative instrument.  (7) In this section: person responsible, for the operation of a school, has the same meaning as in Part 3C. 123UGF  Full‑time student   A person is a full‑time student for the purposes of this Part if the person:  (a) is an eligible recipient of youth allowance; and  (b) is undertaking full‑time study (as defined by section 541B of the 1991 Act). 123UGG  School age child  (1) For the purposes of this Part, a child is a school age child if the child is required, under a law of a State or Territory:  (a) to be enrolled at a school; or  (b) to attend a school at times required under that law. attendance, at a school, includes attendance at a place, for the purpose of schooling, that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to attend a school. enrolment, at a school, includes anything, for the purposes of schooling, that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to enrol at a school. Subdivision C—Additional provisions relating to school enrolment and attendance 123UH  Eligible care child   For the purposes of this Part, a person (the first person) is an eligible care child of another person at a particular time if, and only if:  (a) at the particular time, the first person is a child for whom the other person is the principal carer; or  (b) all of the following conditions are satisfied:  (i) that time occurs during an eligible care period;  (ii) under a family law order, registered parenting plan or parenting plan that is in force during the eligible care period, the first person is supposed to live or spend time with the other person;  (iii) assuming the family law order, registered parenting plan or parenting plan were complied with during the eligible care period, the first person would have been in the other person’s care for at least 14% of that period. 123UI  Applicable school period  (1) For the purposes of this Part, an applicable school period in relation to a child is a period ascertained in accordance with a legislative instrument made by the Minister for the purposes of this subsection.  (2) A period ascertained under subsection (1) may be a recurring period.  (3) A period may be ascertained under subsection (1) by reference to a term of the school attended by the child.  (4) For the purposes of this Part, it is immaterial whether an applicable school period begins before or after the commencement of this section. 123UJ  Eligible care period  (1) For the purposes of this Part, an eligible care period is a period ascertained in accordance with a legislative instrument made by the Minister for the purposes of this subsection.  (2) A period ascertained under subsection (1) may be a recurring period (for example, a fortnight).  (3) For the purposes of this Part, it is immaterial whether an eligible care period begins before or after the commencement of this section. 123UK  Unsatisfactory school attendance situation  (1) For the purposes of this Part, the question whether an unsatisfactory school attendance situation exists, or has existed, in relation to a child is to be ascertained in accordance with a legislative instrument made by the Minister for the purposes of this subsection.  (2) However, an unsatisfactory school attendance situation does not exist in relation to a child if the child is not required, under a law of a State or Territory, to attend school in a State or Territory.  (3) For the purposes of this Part, it is immaterial whether an unsatisfactory school attendance situation exists or has existed before or after the commencement of this section. 123UL  Formal warning—unsatisfactory school attendance situation   If:  (a) a person is not subject to the income management regime under section 123UE; and  (b) the person, or the person’s partner, has an eligible care child; and  (c) an unsatisfactory school attendance situation exists, or has existed, in relation to the eligible care child; the Secretary may give the person a formal warning that the person, or the person’s partner, could become subject to the income management regime under section 123UE if an unsatisfactory school attendance situation exists in relation to the eligible care child. Subdivision D—Voluntary income management agreements 123UM  Voluntary income management agreement  (1) A person may enter into a written agreement with the Secretary under which the person agrees voluntarily to be subject to the income management regime throughout the period when the agreement is in force.  (2) An agreement under subsection (1) is to be known as a voluntary income management agreement.  (3) The Secretary must not enter into a voluntary income management agreement with a person (the first person) unless:  (a) the first person is an eligible recipient of a category H welfare payment; and  (b) the first person’s usual place of residence is within a declared voluntary income management area; and  (c) if the first person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee.  (4) In deciding whether to enter into a voluntary income management agreement with a person, the Secretary must have regard to:  (a) the extent to which it would be feasible for the Secretary to take action under Division 6 in relation to the person if the person were subject to the income management regime; and  (5) The Secretary must not enter into a voluntary income management agreement with a person if:  (a) the person is subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF or 123UFAA; or  (b) during the 12‑month period ending when the voluntary income management agreement is to come into force, there were 4 occasions on which previous voluntary income management agreements relating to the person were terminated under subsection 123UO(2). 123UN  Duration of voluntary income management agreement  (1) A voluntary income management agreement in relation to a person (the first person):  (a) comes into force at the time specified in the agreement, so long as:  (i) at that time, the first person is an eligible recipient of a category H welfare payment; and  (ii) at that time, the first person’s usual place of residence is within a declared voluntary income management area; and  (iii) if, at that time, the first person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and  (v) at that time, the first person is not subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF or 123UFAA; and  (b) remains in force until:  (i) it is terminated under section 123UO; or  (ii) if the agreement specifies a period (which must be at least 13 weeks) during which it is to remain in force, and the agreement has not been terminated under section 123UO before the end of that period—the end of that period.  (3) If a voluntary income management agreement (the original agreement) in relation to a person is in force, subsection (1) does not prevent the Secretary from entering into a new voluntary income management agreement with the person, so long as the new agreement is expressed to come into force immediately after the original agreement ceases to be in force.  (4) If a voluntary income management agreement in relation to a person has ceased to be in force, subsection (1) does not prevent the Secretary from entering into a new voluntary income management agreement with the person. 123UO  Termination of voluntary income management agreement Termination by request  (1) A person may, by written notice given to the Secretary, request the Secretary to terminate a voluntary income management agreement in relation to the person if:  (a) the agreement has been in force for at least 13 weeks; or  (b) the person has made a request (whether orally or in writing) to the Secretary to enter into a voluntary enhanced income management agreement (within the meaning of Part 3AA).  (2) The Secretary must terminate a voluntary income management agreement in relation to a person as soon as practicable after the person makes a valid request under subsection (1). Grounds of termination  (a) a voluntary income management agreement in relation to a person (the first person) is in force; and  (b) any of the following events occurs:  (i) the first person ceases to be an eligible recipient of a category H welfare payment;  (iii) in a case where the first person has a Part 3B payment nominee—the Part 3B payment nominee becomes an excluded Part 3B payment nominee;  (v) the first person becomes subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF or 123UFAA;  (vi) the Secretary becomes satisfied that it is not feasible for the Secretary to take action under Division 6 in relation to the first person; the Secretary must terminate the voluntary income management agreement as soon as practicable after the occurrence of the event.  (a) a voluntary income management agreement in relation to a person is in force; and  (b) the person’s usual place of residence is within the Northern Territory; the Secretary may, by written notice given to the person, terminate the agreement. The termination takes effect on a day specified in the notice (which must not be earlier than the day on which the notice is given). Limit on new voluntary income management agreements  (4) If a voluntary income management agreement in relation to a person is terminated under this section, the Secretary must not enter into another voluntary income management agreement with the person within 21 days after the termination. Subdivision E—Relationship with Part 3AA 123UP  Payment of credit balances of income management account to BasicsCard bank account  (1) This section applies if a person becomes subject to the enhanced income management regime (within the meaning of Part 3AA) on a day (the trigger day). Note: A person who is subject to the income management regime can request to transfer to the enhanced income management regime (see section 123SIA).  (2) Despite any other provision of this Part, the Secretary may, on a day (the payment day) before the end of 60 days beginning on the trigger day, pay, to the credit of a BasicsCard bank account (within the meaning of Part 3AA) maintained by the person, an amount equal to the credit balance (if any) of the person’s income management account as at the end of the day before the payment day.  (3) Immediately after any such payment:  (a) the Income Management Record is debited by an amount equal to the payment; and  (b) the person’s income management account is debited by an amount equal to the payment.  (4) Despite any other provision of this Part, the person cannot become subject to the income management regime under any provision of this Part at any time on or after the trigger day. Division 3—Establishment of the Income Management Record 123VA  Establishment of the Income Management Record   The Income Management Record is established by this section. 123VC  Bank account   Amounts standing to the credit of the Income Management Record may be kept in a single bank account. Division 4—Income management accounts Subdivision A—Income management accounts 123WA  Income management accounts Income management accounts to be kept  (1) Separate notional accounts are to be kept within the Income Management Record in the names of particular persons. Person’s income management account  (2) An account kept in the name of a person is to be known as the person’s income management account. Note: Section 123TC provides that income management account means a notional account kept in accordance with this section. Amounts not held on trust  (3) An amount standing to the credit of a person’s income management account is not held on trust. 123WB  Opening of income management accounts Power  (1) The Secretary may open an income management account in the name of a particular person.  (2) The Secretary may open the income management account even if the person is not subject to the income management regime. Duty  (3) The Secretary must open an income management account in the name of a particular person if:  (a) the person does not already have an income management account; and  (b) the person is subject to the income management regime. 123WC  Closing of income management accounts   The Secretary may close a person’s income management account if the balance of the income management account is nil, and:  (a) the person is not subject to the income management regime; or  (b) the person has died. 123WD  Income management accounts may have a nil balance Nil balance  (1) A person’s income management account may have a nil balance. Examples  (2) The following are examples of cases where an income management account might have a nil balance:  (a) no amount has been credited to the income management account;  (b) the balance of the income management account has been debited under section 123WJ;  (c) the balance of the income management account has been debited under section 123WL;  (d) the balance of the income management account has been debited under Division 6. 123WE  One income management account per person Only one income management account  (1) Only one income management account may be kept in respect of a particular person.  (2) A contravention of subsection (1) does not affect the validity of an income management account. Amalgamation  (3) If the Secretary becomes aware that 2 or more income management accounts are being kept in respect of the same person, the Secretary must amalgamate the accounts into a single account. 123WF  Credits to, and debits from, a person’s income management account   An amount must not be credited to, or debited from, a person’s income management account except as provided by this Part. Subdivision B—Account statements 123WG  Internet and telephone access to account statements etc. Internet and telephone access to account statements etc.  (2) The Secretary may issue the person with a means of identification (for example, a personal identification number) that enables the person to do either or both of the following:  (a) to access on the internet electronic versions of account statements for the person’s income management account;  (b) to be told the balance of the person’s income management account using an automated telephone answering system. 123WH  Person may request account statements Account statement may be requested  (2) The person may request the Secretary to give the person a written account statement for the income management account.  (3) The Secretary must comply with the request.  (4) However, the Secretary may refuse to comply with the request if the person has made a previous request at any time during the preceding period of 30 days. 123WI  Account statements to be given Account statement to be given  (2) At least once each quarter, the Secretary must give the person a written account statement for the income management account.  (3) However, the Secretary is not required to give the person a written account statement relating to a particular period unless:  (a) an amount has been credited to, or debited from, the income management account during that period; or  (b) the income management account has a credit balance as at the end of that period. Subdivision C—Miscellaneous 123WJ  Payment of credit balances of income management accounts—person ceases to be subject to the income management regime  (a) at a particular time, a person (the first person) ceases to be subject to the income management regime; and  (b) the first person’s income management account has a credit balance at that time; and  (c) if, immediately before the first person ceased to be subject to the income management regime, the first person was subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF or 123UFAA—the Secretary is satisfied that the first person is not likely to become subject to the income management regime within 60 days after the cessation; and  (d) if, immediately before the first person ceased to be subject to the income management regime, the first person was subject to the income management regime under section 123UFA—the Secretary is satisfied that the first person is not likely to become subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF or 123UFAA within 60 days after the cessation. Residual amount  (2) For the purposes of this section, the residual amount is an amount equal to the credit balance of the first person’s income management account.  (3) The residual amount is payable to the first person in accordance with this section. Payment by instalments  (4) The Secretary may determine that the whole or a part of the residual amount is to be paid to the first person by instalments. The instalments are to be paid on the days specified in a determination made by the Secretary.  (5) The days specified in the determination must occur within the 12‑month period beginning when the person ceased to be subject to the income management regime.  (6) If an instalment is paid under subsection (4):  (a) the Income Management Record is debited by an amount equal to the amount of the instalment; and  (b) the first person’s income management account is debited by an amount equal to the amount of the instalment. Lump sum payment  (7) The Secretary may determine that the whole or a part of the residual amount is to be paid to the first person as a single lump sum on a day determined by the Secretary.  (8) The day specified in the determination must occur within the 12‑month period beginning when the person ceased to be subject to the income management regime.  (9) The Secretary must not make a determination under subsection (7) unless:  (a) the lump sum is $200 or less; or  (b) the Secretary is satisfied that there are special circumstances that warrant the making of the determination; or  (c) immediately before the first person ceased to be subject to the income management regime, the first person was subject to the income management regime under section 123UFA.  (10) If a lump sum is paid under subsection (7):  (a) the Income Management Record is debited by an amount equal to the lump sum; and  (b) the first person’s income management account is debited by an amount equal to the lump sum.  (11) The Secretary may, on behalf of the Commonwealth:  (a) make a payment in discharge, in whole or in part, of an obligation of the first person to pay an amount to a third person; or  (b) make a payment in discharge, in whole or in part, of an obligation of a third person to pay an amount to a fourth person;  (c) the payment is made with the consent of the first person; and  (d) the amount paid by the Secretary does not exceed the residual amount.  (12) The payment under subsection (11) must occur within the 12‑month period beginning when the person ceased to be subject to the income management regime.  (13) If the Secretary makes a payment under subsection (11):  (a) the Income Management Record is debited by an amount equal to the amount paid under subsection (11); and  (b) the first person’s income management account is debited by an amount equal to the amount paid under subsection (11); and  (c) the Secretary is taken to have paid the first person so much of the residual amount as equals the amount paid under subsection (11). Set‑off  (14) If the first person owes an amount (the debt amount) to the Commonwealth, the Secretary may, with the consent of the first person, set off the whole or part of the residual amount against the whole or a part of the debt amount.  (15) The set‑off under subsection (14) must occur within the 12‑month period beginning when the person ceased to be subject to the income management regime.  (16) If the Secretary sets off an amount under subsection (14):  (a) the Income Management Record is debited by an amount equal to the amount set off; and  (b) the first person’s income management account is debited by an amount equal to the amount set off; and  (c) the Secretary is taken to have paid the first person so much of the residual amount as equals the amount set off.  (16A) Subsection (14) is not limited by Chapter 5 of the 1991 Act also applying in relation to the debt amount.  (17) If a payment is made under subsection (4), (7) or (11), the payment does not have consequences under the income tax law for the first person.  (18) If the Secretary sets off an amount under subsection (14), the set‑off does not have consequences under the income tax law for the first person. Interpretation  (19) This section is subject to section 123WJA. 123WJA  Ceasing payment of credit balances of income management accounts—person becomes subject to the income management regime again  (a) at a particular time, a person ceases to be subject to the income management regime; and  (b) at the time referred to in paragraph (a), there is a residual amount in relation to the person; and  (c) at any time after the cessation, the person becomes subject to the income management regime again; and  (d) at the time referred to in paragraph (c), the whole or a part of the residual amount has not been paid to the person in accordance with section 123WJ.  (2) The Secretary may determine that section 123WJ ceases to apply in relation to:  (a) the whole of the residual amount; or  (b) a part of the residual amount specified in the determination. The determination has effect accordingly. residual amount has the same meaning as in subsection 123WJ(2). 123WK  Payment into bank account etc. of credit balances of income management accounts—person ceases to be subject to the income management regime  (1) This section applies to an amount that is to be paid to a person as:  (a) an instalment under subsection 123WJ(4); or  (b) a lump sum under subsection 123WJ(7). Payment into bank account etc.  (2) The amount is to be paid to the credit of a bank account kept by the person.  (3) The bank account may be kept by the person either alone or jointly or in common with another person.  (4) The Secretary may direct that the whole or a part of the amount be paid to the person in a different way from that provided for by subsection (2).  (5) If the Secretary gives a direction under subsection (4), the amount is to be paid in accordance with the direction. 123WL  Payment of credit balances of income management accounts—person dies  (a) an income management account is kept in the name of a person; and  (c) at the time of the person’s death, the person’s income management account has a credit balance. Residual amount  (2) For the purposes of this section, the residual amount is an amount equal to the credit balance of the person’s income management account. Payment of residual amount  (3) The residual amount is to be paid in one or more of the following ways (as determined by the Secretary):  (a) to the legal personal representative of the person;  (b) to one or more other persons whom the Secretary is satisfied have carried out, are carrying out, or will carry out, an appropriate activity in relation to the estate or affairs of the person;  (c) to the credit of a bank account nominated by the person for the purposes of subsection 55(2). An amount that is to be paid under this subsection is to be paid as a lump sum on a day determined by the Secretary.  (3A) A person may be paid more than one amount under subsection (3).  (5) If a lump sum is paid under subsection (3):  (a) the Income Management Record is debited by an amount equal to the lump sum; and  (b) the person’s income management account is debited by an amount equal to the lump sum.  (6) If a payment is made under subsection (3), the payment does not have consequences under the income tax law for the person’s estate. 123WM  Payment into bank account etc. of credit balances of income management accounts—person dies  (1) This section applies to an amount that is to be paid to a person under paragraph 123WL(3)(a) or (b). Payment into bank account etc.  (2) The amount is to be paid to the credit of a bank account kept by the person.  (3) The bank account may be kept by the person either alone or jointly or in common with another person.  (4) The Secretary may direct that the whole or a part of the amount be paid to the person in a different way from that provided for by subsection (2).  (5) If the Secretary gives a direction under subsection (4), the amount is to be paid in accordance with the direction. 123WN  Crediting of amounts to income management accounts—Ministerial rules   The Minister may, by legislative instrument, make rules providing that an amount ascertained in accordance with the rules is to be credited to:  (a) the Income Management Record; and  (b) a person’s income management account; in the circumstances specified in the rules. Division 5—Deductions from welfare payments 123XI  Deductions from category I welfare payments—instalments  (a) a person is subject to the income management regime under section 123UC; and  (a) the Secretary must deduct from the instalment of the category I welfare payment the deductible portion of the instalment;  (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage;  (4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments. 123XJ  Deductions from category I welfare payments—lump sums  (a) a person is subject to the income management regime under section 123UC; and  (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage;  (4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments. Subdivision BA—Vulnerable welfare payment recipients 123XJA  Deductions from category I welfare payments—instalments  (a) a person is subject to the income management regime under section 123UCA; and  (b) an instalment of category I welfare payment is payable to the person.  (a) the Secretary must deduct from the instalment of the category I welfare payment the deductible portion of the instalment;  (4) For the purposes of subsection (2), the deductible portion of an instalment of a category I welfare payment is:  (a) 50%; or  (b) if another percentage (not exceeding 100%) is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the other percentage;  (5) An instrument under paragraph (4)(b) may specify different percentages in relation to different category I welfare payments.  (6) An instrument under paragraph (4)(b) may specify a percentage that is higher than 50% only if the Minister considers the higher percentage is necessary to promote the objects of this Part. 123XJB  Deductions from category I welfare payments—lump sums  (a) a person is subject to the income management regime under section 123UCA; and  (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage;  (4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments. Subdivision BB—Disengaged youth and long‑term welfare payment recipients 123XJC  Deductions from category I welfare payments—instalments  (a) a person is subject to the income management regime under section 123UCB or 123UCC; and  (b) an instalment of category I welfare payment is payable to the person.  (a) the Secretary must deduct from the instalment of the category I welfare payment the deductible portion of the instalment;  (4) For the purposes of subsection (2), the deductible portion of an instalment of a category I welfare payment is:  (a) 50%; or  (b) if another percentage (not exceeding 100%) is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the other percentage;  (5) An instrument under paragraph (4)(b) may specify different percentages in relation to different category I welfare payments.  (6) An instrument under paragraph (4)(b) may specify a percentage that is higher than 50% only if the Minister considers the higher percentage is necessary to promote the objects of this Part. 123XJD  Deductions from category I welfare payments—lump sums  (a) a person is subject to the income management regime under section 123UCB or 123UCC; and  (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage;  (4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments. 123XK  Deductions from category I welfare payments—instalments  (a) a person is subject to the income management regime under section 123UD or 123UE; and  (a) the Secretary must deduct from the instalment of the category I welfare payment the deductible portion of the instalment;  (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage;  (4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments. 123XL  Deductions from category I welfare payments—lump sums  (a) a person is subject to the income management regime under section 123UD or 123UE; and  (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage;  (4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments. Subdivision D—Queensland Commission 123XM  Deductions from category Q welfare payments—instalments  (a) a person is subject to the income management regime under subsection 123UF(1) or (3); and  (b) an instalment of a category Q welfare payment is payable to the person. Deductions from category Q welfare payments—instalments  (a) the Secretary must deduct from the instalment of the category Q welfare payment the deductible portion of the instalment;  (3) For the purposes of subsection (2), the deductible portion of an instalment of a category Q welfare payment is the percentage of the net amount of the instalment determined by the Secretary in relation to the instalment (rounded down to the nearest cent). 123XN  Deductions from category Q welfare payments—lump sums  (a) a person is subject to the income management regime under subsection 123UF(1) or (3); and  (b) a category Q welfare payment is payable to the person otherwise than by instalments. Deductions from category Q welfare payments—lump sums  (a) the Secretary must deduct from the category Q welfare payment the deductible portion of the payment;  (3) For the purposes of subsection (2), the deductible portion of a category Q welfare payment is the percentage of the net amount of the payment determined by the Secretary in relation to the payment (rounded down to the nearest cent). 123XO  Deductions from category S welfare payments—instalments  (a) a person is subject to the income management regime under subsection 123UF(2); and  (b) an instalment of a category S welfare payment is payable to the person. Deductions from category S welfare payments—instalments  (a) the Secretary must deduct from the instalment of the category S welfare payment the deductible portion of the instalment;  (3) For the purposes of subsection (2), the deductible portion of an instalment of a category S welfare payment is the percentage of the net amount of the instalment determined by the Secretary in relation to the instalment (rounded down to the nearest cent). 123XP  Deductions from category S welfare payments—lump sums  (a) a person is subject to the income management regime under subsection 123UF(2); and  (b) a category S welfare payment is payable to the person otherwise than by instalments. Deductions from category S welfare payments—lump sums  (a) the Secretary must deduct from the category S welfare payment the deductible portion of the payment;  (3) For the purposes of subsection (2), the deductible portion of a category S welfare payment is the percentage of the net amount of the payment determined by the Secretary in relation to the payment (rounded down to the nearest cent). Subdivision DAA—Other State/Territory referrals 123XPAA  Deductions from category I welfare payments—instalments  (a) a person is subject to the income management regime under section 123UFAA; and  (a) the Secretary must deduct from the instalment of the category I welfare payment the deductible portion of the instalment;  (a) 70%; or  (b) if another percentage (not exceeding 100%) is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the other percentage;  (4) An instrument under paragraph (3)(b) may specify different percentages depending on one or more of the following:  (a) the category I welfare payments payable to persons subject to the income management regime under section 123UFAA;  (c) the recognised State/Territory authorities whose officers or employees may give a notice of the kind referred to in paragraph 123UFAA(1)(b). 123XPAB  Deductions from category I welfare payments—lump sums  (a) a person is subject to the income management regime under section 123UFAA; and  (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage;  (4) An instrument under paragraph (3)(b) may specify different percentages depending on one or more of the following:  (a) the category I welfare payments payable to persons subject to the income management regime under section 123UFAA;  (c) the recognised State/Territory authorities whose officers or employees may give a notice of the kind referred to in paragraph 123UFAA(1)(b). Subdivision DA—Voluntary income management agreements 123XPA  Deductions from category I welfare payments—instalments  (a) a person is subject to the income management regime under section 123UFA; and  (a) the Secretary must deduct from the instalment of the category I welfare payment the deductible portion of the instalment;  (a) 70%; or  (b) if another percentage (not exceeding 100%) is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the other percentage;  (4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments. 123XPB  Deductions from category I welfare payments—lump sums  (a) a person is subject to the income management regime under section 123UFA; and  (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage;  (4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments. Subdivision DB—Economic support payments, economic security strategy payments, household stimulus payments and cost of living payments 123XPBA  Deductions from 2020 economic support payments  (b) a 2020 economic support payment is payable to the person. Deductions from 2020 economic support payments  (a) the Secretary must deduct from the 2020 economic support payment the deductible portion of the payment;  (3) For the purposes of subsection (2), the deductible portion of a 2020 economic support payment is 100% of the amount of the payment. 123XPBB  Deductions from additional economic support payments  (b) an additional economic support payment is payable to the person. Deductions from additional economic support payments  (a) the Secretary must deduct from the additional economic support payment the deductible portion of the payment;  (3) For the purposes of subsection (2), the deductible portion of an additional economic support payment is 100% of the amount of the payment. 123XPC  Deductions from economic security strategy payments  (b) an economic security strategy payment is payable to the person.  (2) However, this section does not apply in relation to an economic security strategy payment under Part VIIG of the Veterans’ Entitlements Act if the person is subject to the income management regime because of section 123UF. Deductions from economic security strategy payments  (3) The following provisions have effect:  (a) the Secretary must deduct from the economic security strategy payment the deductible portion of the payment;  (4) For the purposes of subsection (3), the deductible portion of an economic security strategy payment is 100% of the amount of the payment. 123XPD  Deductions from household stimulus payments  (b) a household stimulus payment is payable to the person. Deductions from household stimulus payments  (a) the Secretary must deduct from the household stimulus payment the deductible portion of the payment;  (3) For the purposes of subsection (2), the deductible portion of a household stimulus payment is 100% of the amount of the payment. 123XPE  Deductions from 2022 cost of living payment  (b) a 2022 cost of living payment is payable to the person. Deductions from 2022 cost of living payment  (a) the Secretary must deduct from the 2022 cost of living payment the deductible portion of the payment;  (3) For the purposes of subsection (2), the deductible portion of a 2022 cost of living payment is 100% of the amount of the payment. Subdivision DC—Relocation scholarship payments 123XPG  Deductions from relocation scholarship payments  (b) a relocation scholarship payment is payable to the person. Deductions from payment  (a) the Secretary must deduct from the relocation scholarship payment the deductible portion of the payment;  (3) For the purposes of subsection (2), the deductible portion of a relocation scholarship payment is:  (a) 100% of the amount of the payment; or  (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage of the amount of the payment. Subdivision DE—Clean energy income‑managed payments 123XPJ  Deductions from clean energy income‑managed payments  (b) a clean energy income‑managed payment is payable to the person. Deductions from clean energy income‑managed payments  (a) the Secretary must deduct from the payment the deductible portion of the payment;  (3) For the purposes of subsection (2), the deductible portion of a clean energy income‑managed payment is 100% of the amount of the payment. Subdivision DF—ETR income‑managed payments 123XPK  Deductions from ETR income‑managed payments  (b) an ETR income‑managed payment is payable to the person. Deductions from ETR income‑managed payments  (a) the Secretary must deduct from the payment the deductible portion of the payment;  (3) For the purposes of subsection (2), the deductible portion of an ETR income‑managed payment is 100% of the amount of the payment. Subdivision E—Deducted amount taken to have been paid 123XQ  Deducted amount taken to have been paid  (1) This section applies if an amount is deducted under this Division from an instalment or payment that is payable to a person. Deducted amount taken to have been paid  (2) The deducted amount is taken, for the purposes of:  (a) the income tax law; and  (b) this Act (other than this Part); and  (c) the 1991 Act; and  (d) the Family Assistance Act; and  (e) the Family Assistance Administration Act; and  (f) the Student Assistance Act 1973; and  (g) the Veterans’ Entitlements Act; and  (h) the Child Support (Assessment) Act 1989; to have been paid to the person at whichever of the following times is applicable:  (i) if the deducted amount was equal to 100% of the net amount of the instalment or payment—when the instalment or payment would have been paid if the deduction had not been made;  (j) otherwise—when the instalment or payment was paid. Division 6—Debits from income management accounts 123YA  Priority needs—application of income management account  (b) the first person’s income management account has a credit balance. Priority needs  (2) If the Secretary is aware of any unmet priority needs of:  (a) the first person; or  (b) the first person’s children (if any); or  (c) the first person’s partner (if any); or  (d) any other dependants of the first person; the Secretary must, within a reasonable period after becoming aware of those priority needs, take appropriate action under Subdivision B directed towards meeting those priority needs.  (a) the Secretary is satisfied that the current or future balance of the first person’s income management account exceeds what is reasonably required to meet the current, and reasonably foreseeable, priority needs of:  (i) the first person; and  (ii) the first person’s children (if any); and  (iii) the first person’s partner (if any); and  (iv) any other dependants of the first person; and  (b) the first person requests the Secretary to take action under this Division that:  (i) is not directed towards meeting the current, and reasonably foreseeable, priority needs mentioned in paragraph (a); and  (ii) would result in the first person’s income management account being debited by a particular amount; and  (c) the Secretary is satisfied that the debit would not result in the current or future balance of the first person’s income management account falling below what is reasonably required to meet the current, and reasonably foreseeable, priority needs mentioned in paragraph (a); the Secretary must not unreasonably refuse the request. 123YB  Secretary must have regard to the best interests of children  (c) the person has one or more children. Secretary must have regard to the best interests of children  (2) In deciding whether to take action under this Division that results in an amount being debited from the first person’s income management account, the Secretary must have regard to:  (a) the best interests of the first person’s children; and Subdivision B—Restricted debits 123YC  Vouchers—general Vouchers  (a) give the first person a voucher that:  (ii) enables the first person to acquire goods or services; or  (b) with the consent of the first person, give a third person a voucher that:  (ii) enables the third person to acquire goods or services; so long as the face value of the voucher does not exceed the credit balance of the first person’s income management account.  (3) A voucher may be for limited goods or services.  (4) If the first person or a third person is given a voucher under subsection (2), the Income Management Record is debited by an amount equal to the face value of the voucher.  (5) If the first person or a third person is given a voucher under subsection (2), the first person’s income management account is debited by an amount equal to the face value of the voucher.  (6) The Secretary must not give the first person or a third person a voucher under subsection (2) if the Secretary is satisfied that any of the relevant goods or services are excluded goods or excluded services.  (7) If the first person or a third person is given a voucher under subsection (2), the giving of the voucher does not have any consequences under the income tax law for the first person or the third person, as the case may be. 123YD  Vouchers—Part 3B payment nominee Vouchers  (a) give the Part 3B payment nominee a voucher that:  (ii) enables the Part 3B payment nominee to acquire goods or services; or  (b) with the consent of the Part 3B payment nominee, give a third person a voucher that:  (ii) enables the third person to acquire goods or services; so long as the face value of the voucher does not exceed the credit balance of the first person’s income management account.  (3) A voucher may be for limited goods or services.  (4) If the Part 3B payment nominee or a third person is given a voucher under subsection (2), the Income Management Record is debited by an amount equal to the face value of the voucher.  (5) If the Part 3B payment nominee or a third person is given a voucher under subsection (2), the first person’s income management account is debited by an amount equal to the face value of the voucher.  (6) The Secretary must not give the Part 3B payment nominee or a third person a voucher under subsection (2) if the Secretary is satisfied that any of the relevant goods or services are excluded goods or excluded services.  (7) If the Part 3B payment nominee or a third person is given a voucher under subsection (2), the giving of the voucher does not have any consequences under the income tax law for the Part 3B payment nominee, the first person or the third person. 123YE  Stored value cards—general Stored value cards  (a) give the first person a stored value card that enables the first person to acquire goods or services, so long as no part of the monetary value stored on the card may be withdrawn in cash; or  (c) increase the monetary value stored on a stored value card held by the first person, so long as:  (ii) the stored value card enables the first person to acquire goods or services;  (e) if paragraph (a) applies—the monetary value stored on the card does not exceed the credit balance of the first person’s income management account; or  (f) if paragraph (c) applies—the increase in monetary value does not exceed the credit balance of the first person’s income management account.  (3) A stored value card may be for limited goods or services.  (4) If, under subsection (2), the Secretary gives the first person a stored value card, the Income Management Record is debited by an amount equal to the monetary value stored on the card.  (5) If, under subsection (2), the Secretary increases the monetary value stored on a stored value card held by the first person, the Income Management Record is debited by an amount equal to the increase in the monetary value.  (6) If, under subsection (2), the Secretary gives the first person a stored value card, the first person’s income management account is debited by an amount equal to the monetary value stored on the card.  (7) If, under subsection (2), the Secretary increases the monetary value stored on a stored value card held by the first person, the first person’s income management account is debited by an amount equal to the increase in the monetary value.  (8) The Secretary must not, under subsection (2):  (a) give the first person a stored value card; or  (b) increase the monetary value stored on a stored value card; if the Secretary is satisfied that the relevant goods or services are excluded goods or excluded services.  (9) If, under subsection (2), the Secretary gives the first person a stored value card, the giving of the card does not have consequences under the income tax law for the first person.  (10) If, under subsection (2), the Secretary increases the monetary value stored on a stored value card held by the first person, the increase does not have consequences under the income tax law for the first person. 123YF  Stored value cards—Part 3B payment nominee Stored value cards  (a) give the Part 3B payment nominee a stored value card that enables the Part 3B payment nominee to acquire goods or services, so long as no part of the monetary value stored on the card may be withdrawn in cash; or  (b) with the consent of the Part 3B payment nominee, give the first person a stored value card that enables the first person to acquire goods or services, so long as no part of the monetary value stored on the card may be withdrawn in cash; or  (c) increase the monetary value stored on a stored value card held by the Part 3B payment nominee, so long as:  (ii) the stored value card enables the Part 3B payment nominee to acquire goods or services; or  (d) with the consent of the Part 3B payment nominee, increase the monetary value stored on a stored value card held by the first person, so long as:  (ii) the stored value card enables the first person to acquire goods or services;  (e) if paragraph (a) or (b) applies—the monetary value stored on the card does not exceed the credit balance of the first person’s income management account; or  (f) if paragraph (c) or (d) applies—the increase in the monetary value does not exceed the credit balance of the first person’s income management account.  (3) A stored value card may be for limited goods or services.  (4) If, under subsection (2), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the Income Management Record is debited by an amount equal to the monetary value stored on the card.  (5) If, under subsection (2), the Secretary increases the monetary value stored on a stored value card held by the Part 3B payment nominee or the first person, the Income Management Record is debited by an amount equal to the increase in the monetary value.  (6) If, under subsection (2), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the first person’s income management account is debited by an amount equal to the monetary value stored on the card.  (7) If, under subsection (2), the Secretary increases the monetary value stored on a stored value card held by the Part 3B payment nominee or the first person, the first person’s income management account is debited by an amount equal to the increase in the monetary value.  (8) The Secretary must not, under subsection (2):  (a) give the Part 3B payment nominee or the first person a stored value card; or  (b) increase the monetary value stored on a stored value card; if the Secretary is satisfied that the relevant goods or services are excluded goods or excluded services.  (9) If, under subsection (2), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the giving of the card does not have consequences under the income tax law for the Part 3B payment nominee or the first person.  (10) If, under subsection (2), the Secretary increases the monetary value stored on a stored value card held by the Part 3B payment nominee or the first person, the increase does not have consequences under the income tax law for the Part 3B payment nominee or the first person. 123YG  Expense payment—general  (a) make a payment in discharge, in whole or in part, of an obligation of the first person to pay an amount to a third person in respect of expenditure incurred by the first person in relation to goods or services; or  (b) with the consent of the first person, make a payment in discharge, in whole or in part, of an obligation of a third person to pay an amount to a fourth person in respect of expenditure incurred by the third person in relation to goods or services; or  (c) make a payment in discharge, in whole or in part, of an obligation of the first person to pay an amount by way of rates or land tax; or  (d) with the consent of the first person, make a payment in discharge, in whole or in part, of an obligation of a third person to pay an amount by way of rates or land tax; so long as the amount paid does not exceed the credit balance of the first person’s income management account.  (3) If the Secretary makes a payment under subsection (2), the Income Management Record is debited by an amount equal to the amount paid.  (4) If the Secretary makes a payment under subsection (2), the first person’s income management account is debited by an amount equal to the amount paid.  (5) The Secretary must not make a payment under paragraph (2)(a) or (b) if the Secretary is satisfied that the relevant goods or services are excluded goods or excluded services.  (6) If the Secretary makes a payment under subsection (2), the payment does not have consequences under the income tax law for the first person. 123YH  Expense payment—Part 3B payment nominee  (a) make a payment in discharge, in whole or in part, of an obligation of the Part 3B payment nominee to pay an amount to a third person in respect of expenditure incurred by the Part 3B payment nominee in relation to goods or services; or  (b) with the consent of the Part 3B payment nominee, make a payment in discharge, in whole or in part, of an obligation of a third person to pay an amount to a fourth person in respect of expenditure incurred by the third person in relation to goods or services; or  (c) make a payment in discharge, in whole or in part, of an obligation of the first person to pay an amount to a third person in respect of expenditure incurred by the first person in relation to goods or services; so long as the amount paid does not exceed the credit balance of the first person’s income management account.  (3) If the Secretary makes a payment under subsection (2), the Income Management Record is debited by an amount equal to the amount paid.  (4) If the Secretary makes a payment under subsection (2), the first person’s income management account is debited by an amount equal to the amount paid.  (5) The Secretary must not make a payment under subsection (2) if the Secretary is satisfied that the relevant goods or services are excluded goods or excluded services.  (6) If the Secretary makes a payment under subsection (2), the payment does not have consequences under the income tax law for the Part 3B payment nominee or the first person. 123YI  Crediting of account—general Crediting of accounts  (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 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; or  (b) with the consent of the first person, 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; 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) or (b) may be limited to such goods or services as are determined by the Secretary.  (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.  (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.  (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.  (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 first person. 123YJ  Crediting of account—Part 3B payment nominee Crediting of accounts  (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.  (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.  (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.  (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.  (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. 123YK  Transfers to accounts—general Transfers  (a) pay an amount to the credit of an account held by the first person with:  (iv) paying account‑related fees or charges; or  (b) with the consent of the first person, pay an amount to the credit of an account held by a third person with:  (iv) paying account‑related fees or charges; 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) or (b) may be limited to such goods or services as are determined by the Secretary.  (4) If, under subsection (2), the Secretary pays an amount to the credit of an account, the Income Management Record is debited by an amount equal to the amount paid.  (5) If, under subsection (2), the Secretary pays an amount to the credit of an account, the first person’s income management account is debited by an amount equal to the amount paid.  (6) The Secretary must not, under subsection (2), pay an amount to the credit of an account if the Secretary is satisfied that any of relevant goods or services are excluded goods or excluded services.  (7) If, under subsection (2), the Secretary pays an amount to the credit of an account, the payment does not have any consequences under the income tax law for the first person. 123YL  Transfers to accounts—Part 3B payment nominee Transfers  (a) pay an amount to the credit of an account held by the Part 3B payment nominee with:  (iv) paying account‑related fees or charges; or  (b) with the consent of the Part 3B payment nominee, pay an amount to the credit of an account held by a third person with:  (iv) paying account‑related fees or charges; 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) or (b) may be limited to such goods or services as are determined by the Secretary.  (4) If, under subsection (2), the Secretary pays an amount to the credit of an account, the Income Management Record is debited by an amount equal to the amount paid.  (5) If, under subsection (2), the Secretary pays an amount to the credit of an account, the first person’s income management account is debited by an amount equal to the amount paid.  (6) The Secretary must not, under subsection (2), pay an amount to the credit of an account if the Secretary is satisfied that any of the relevant goods or services are excluded goods or excluded services.  (7) If, under subsection (2), the Secretary pays an amount to the credit of an account, the payment does not have consequences under the income tax law for the Part 3B payment nominee or the first person. 123YM  Restricted direct payment—general  (a) pay an amount to the credit of a bank account held by the first person (whether alone or jointly or in common with another person); or  (b) with the consent of the first person, pay an amount to the credit of a bank account held by a third person (whether alone or jointly or in common with another person); or  (c) if:  (i) the first person is subject to the income management regime under section 123UF; and  (ii) under a law of Queensland, the Queensland Commission gave the Secretary a written notice stating that a specified bank account held by a third person is a nominated third party account in relation to the first person; and  (iii) the notice has not been withdrawn or revoked;   pay the amount to the credit of that bank account; or  (d) pay an amount to the first person by way of a cheque; or  (e) with the consent of the first person, pay an amount to a third person by way of a cheque; or  (f) pay an amount to the first person by way of cash; or  (g) with the consent of the first person, pay an amount to a third person by way of cash; or  (h) give the first person a stored value card that enables the first person to withdraw cash;  (j) if paragraph (a), (b), (c), (d), (e), (f) or (g) applies—the amount paid does not exceed the credit balance of the first person’s income management account; or  (k) if paragraph (h) applies—the monetary value stored on the card does not exceed the credit balance of the first person’s income management account.  (3) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e), (f) or (g), the Income Management Record is debited by an amount equal to the amount paid.  (4) If, under paragraph (2)(h), the Secretary gives the first person a stored value card, the Income Management Record is debited by an amount equal to the monetary value stored on the card.  (5) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e), (f) or (g), the first person’s income management account is debited by an amount equal to the amount paid.  (6) If, under paragraph (2)(h), the Secretary gives the first person a stored value card, the first person’s income management account is debited by an amount equal to the monetary value stored on the card.  (7) The Secretary must not pay an amount under paragraph (2)(a), (b), (c), (d), (e), (f) or (g) if the Secretary has reasonable grounds to believe that the whole or a part of the amount paid will be used to acquire excluded goods or excluded services.  (8) The Secretary must not give the first person a stored value card under paragraph (2)(h) if the Secretary has reasonable grounds to believe that the whole or a part of the monetary value stored on the card will be used to acquire excluded goods or excluded services.  (9) If the Secretary makes a payment under paragraph (2)(a), (d) or (f) the payment does not have consequences under the income tax law for the first person.  (10) If the Secretary makes a payment under paragraph (2)(b), (c), (e) or (g), the payment does not have consequences under the income tax law for the first person or the third person.  (11) If, under paragraph (2)(h), the Secretary gives the first person a stored value card, the giving of the card does not have consequences under the income tax law for the first person. 123YN  Restricted direct payment—Part 3B payment nominee  (a) pay an amount to the credit of a bank account held by the Part 3B payment nominee (whether alone or jointly or in common with another person); or  (b) with the consent of the Part 3B payment nominee, pay an amount to the credit of a bank account held by a third person (whether alone or jointly or in common with another person); or  (c) if:  (i) the first person is subject to the income management regime under section 123UF; and  (ii) under a law of Queensland, the Queensland Commission gave the Secretary a written notice stating that a specified bank account held by a third person is a nominated third party account in relation to the first person; and  (iii) the notice has not been withdrawn or revoked;   pay the amount to the credit of that bank account; or  (d) pay an amount to the Part 3B payment nominee by way of a cheque; or  (e) with the consent of the Part 3B payment nominee, pay an amount to a third person by way of a cheque; or  (f) pay an amount to the Part 3B payment nominee by way of cash; or  (g) with the consent of the Part 3B payment nominee, pay an amount to a third person by way of cash; or  (h) give the Part 3B payment nominee a stored value card that enables the Part 3B payment nominee to withdraw cash; or  (i) with the consent of the Part 3B payment nominee, give the first person a stored value card that enables the first person to withdraw cash;  (j) if paragraph (a), (b), (c), (d), (e), (f) or (g) applies—the amount paid does not exceed the credit balance of the first person’s income management account; or  (k) if paragraph (h) or (i) applies—the monetary value stored on the card does not exceed the credit balance of the first person’s income management account.  (3) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e), (f) or (g), the Income Management Record is debited by an amount equal to the amount paid.  (4) If, under paragraph (2)(h) or (i), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the Income Management Record is debited by an amount equal to the monetary value stored on the card.  (5) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e), (f) or (g), the first person’s income management account is debited by an amount equal to the amount paid.  (6) If, under paragraph (2)(h) or (i), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the first person’s income management account is debited by an amount equal to the monetary value stored on the card.  (7) The Secretary must not pay an amount under paragraph (2)(a), (b), (c), (d), (e), (f) or (g) if the Secretary has reasonable grounds to believe that the whole or a part of the amount paid will be used to acquire excluded goods or excluded services.  (8) The Secretary must not give the Part 3B payment nominee or the first person a stored value card under paragraph (2)(h) or (i) if the Secretary has reasonable grounds to believe that the whole or a part of the monetary value stored on the card will be used to acquire excluded goods or excluded services.  (9) If the Secretary makes a payment under paragraph (2)(a), (d) or (f), the payment does not have consequences under the income tax law for the Part 3B payment nominee or the first person.  (10) If the Secretary makes a payment under paragraph (2)(b), (c), (e) or (g), the payment does not have consequences under the income tax law for the Part 3B payment nominee or the first person.  (11) If, under paragraph (2)(h) or (i), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the giving of the card does not have consequences under the income tax law for the Part 3B payment nominee or the first person. Subdivision C—Unrestricted debits 123YO  Unrestricted direct payment—general  (a) pay an amount to the credit of a bank account held by the first person (whether alone or jointly or in common with another person); or  (b) with the consent of the first person, pay an amount to the credit of a bank account held by a third person (whether alone or jointly or in common with another person); or  (c) pay an amount to the first person by way of a cheque; or  (d) with the consent of the first person, pay an amount to a third person by way of a cheque; or  (e) pay an amount to the first person by way of cash; or  (f) with the consent of the first person, pay an amount to a third person by way of cash; or  (g) give the first person a stored value card that enables the first person to withdraw cash;  (i) if paragraph (a), (b), (c), (d), (e) or (f) applies—the amount paid does not exceed the credit balance of the first person’s income management account; or  (j) if paragraph (g) applies—the monetary value stored on the card does not exceed the credit balance of the first person’s income management account.  (3) In deciding whether to take action under subsection (2), the Secretary must have regard to:  (a) such matters (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph; and  (4) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e) or (f), the Income Management Record is debited by an amount equal to the amount paid.  (5) If, under paragraph (2)(g), the Secretary gives the first person a stored value card, the Income Management Record is debited by an amount equal to the monetary value stored on the card.  (6) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e) or (f), the first person’s income management account is debited by an amount equal to the amount paid.  (7) If, under paragraph (2)(g), the Secretary gives the first person a stored value card, the first person’s income management account is debited by an amount equal to the monetary value stored on the card.  (8) If the Secretary makes a payment under paragraph (2)(a), (c) or (e), the payment does not have consequences under the income tax law for the first person.  (9) If the Secretary makes a payment under paragraph (2)(b), (d) or (f), the payment does not have consequences under the income tax law for the first person or the third person.  (10) If, under paragraph (2)(g), the Secretary gives the first person a stored value card, the giving of the card does not have consequences under the income tax law for the first person. 123YP  Unrestricted direct payment—Part 3B payment nominee  (a) pay an amount to the credit of a bank account held by the Part 3B payment nominee (whether alone or jointly or in common with another person); or  (b) with the consent of the Part 3B payment nominee, pay an amount to the credit of a bank account held by a third person (whether alone or jointly or in common with another person); or  (c) pay an amount to the Part 3B payment nominee by way of a cheque; or  (d) with the consent of the Part 3B payment nominee, pay an amount to a third person by way of a cheque; or  (e) pay an amount to the Part 3B payment nominee by way of cash; or  (f) with the consent of the Part 3B payment nominee, pay an amount to a third person by way of cash; or  (g) give the Part 3B payment nominee a stored value card that enables the Part 3B payment nominee to withdraw cash; or  (h) with the consent of the Part 3B payment nominee, give the first person a stored value card that enables the first person to withdraw cash;  (i) if paragraph (a), (b), (c), (d), (e) or (f) applies—the amount paid does not exceed the credit balance of the first person’s income management account; or  (j) if paragraph (g) or (h) applies—the monetary value stored on the card does not exceed the credit balance of the first person’s income management account.  (3) In deciding whether to take action under subsection (2), the Secretary must have regard to:  (a) such matters (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph; and  (4) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e) or (f), the Income Management Record is debited by an amount equal to the amount paid.  (5) If, under paragraph (2)(g) or (h), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the Income Management Record is debited by an amount equal to the monetary value stored on the card.  (6) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e) or (f), the first person’s income management account is debited by an amount equal to the amount paid.  (7) If, under paragraph (2)(g) or (h), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the first person’s income management account is debited by an amount equal to the monetary value stored on the card.  (8) If the Secretary makes a payment under paragraph (2)(a), (c) or (e), the payment does not have consequences under the income tax law for the Part 3B payment nominee or the first person.  (9) If the Secretary makes a payment under paragraph (2)(b), (d) or (f), the payment does not have consequences under the income tax law for the Part 3B payment nominee, the first person or the third person.  (10) If, under paragraph (2)(g) or (h), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the giving of the card does not have consequences under the income tax law for the Part 3B payment nominee or the first person. Subdivision D—Miscellaneous action 123YQ  Miscellaneous action  (b) the first person’s income management account has a credit balance. Miscellaneous action  (2) The Secretary may, on behalf of the Commonwealth, take an action specified in a legislative instrument made by the Minister for the purposes of this subsection, so long as the non‑administrative expenses paid by the Commonwealth in relation to the taking of the action do not exceed the credit balance of the first person’s income management account.  (3) If the Secretary takes action under subsection (2), the Income Management Record is debited by an amount equal to the non‑administrative expenses paid by the Commonwealth in relation to the taking of the action.  (4) If the Secretary takes action under subsection (2), the first person’s income management account is debited by an amount equal to the non‑administrative expenses paid by the Commonwealth in relation to the taking of the action.  (5) The Secretary must not take action under subsection (2) unless the Secretary is satisfied that the action:  (a) will benefit any or all of the following:  (i) the first person;  (ii) the first person’s children (if any);  (iii) the first person’s partner (if any);  (iv) any other dependants of the first person; and  (b) will not result in the acquisition of any excluded goods or excluded services.  (6) If the Secretary takes action under subsection (2), the taking of the action does not have consequences under the income tax law for:  (a) the first person; or  (b) any other person for whose benefit the action was taken. 123YR  Credit of income management account in error  (1) If the Secretary is satisfied that an amount (the excess amount) has been credited to a person’s income management account in error, the Secretary may determine, in writing, that:  (a) the person’s income management account is to be debited by one or more amounts equal to the excess amount; or  (b) the person must repay to the Commonwealth, as a debt due to the Commonwealth, an amount equal to the excess amount. Note: Paragraph (b)—for debt recovery, see Chapter 5 of the 1991 Act.  (2) If the Secretary makes a determination under paragraph (1)(a):  (a) the Income Management Record is debited by one or more amounts equal to the excess amount; and  (b) the person’s income management account is debited by one or more amounts equal to the excess amount.  (3) A determination made under subsection (1) is not a legislative instrument. Division 7—Information 123ZB  Information‑gathering powers—school enrolment and attendance   In determining the scope of the power conferred on the Secretary by section 192 or 195 to require the giving of information, or the production of a document, it is to be assumed that:  (a) each reference in this Part to a declared primary school area were a reference to a State or Territory; and  (b) each reference in this Part to a declared secondary school area were a reference to a State or Territory. 123ZC  Child protection—notice of cancellation of category H welfare payments  (a) a person ceases to be subject to the income management regime under section 123UC because of the cancellation of a category H welfare payment of the person or the person’s partner; and  (b) immediately before the cancellation, the relevant notice referred to in paragraph 123UC(1)(b) had not been withdrawn or revoked.  (2) As soon as practicable after the cancellation, the Secretary must give a child protection officer of the State or Territory written notice of the cancellation. 123ZD  Queensland Commission—notice of cancellation of welfare payments  (a) a person ceases to be subject to the income management regime under section 123UF because of the cancellation of:  (i) a category P welfare payment of the person or the person’s partner; or  (ii) a category R welfare payment of the person or the person’s partner; and  (b) immediately before the cancellation, the relevant notice referred to in paragraph 123UF(1)(b) or (2)(c) had not been withdrawn or revoked.  (2) As soon as practicable after the cancellation, the Secretary must give the Queensland Commission written notice of the cancellation. 123ZDA  Other State/Territory referrals—notice of cancellation of category H welfare payments  (a) a person ceases to be subject to the income management regime under section 123UFAA because of the cancellation of a category H welfare payment of the person or the person’s partner; and  (b) immediately before the cancellation, the relevant notice referred to in paragraph 123UFAA(1)(b) had not been withdrawn or revoked.  (2) As soon as practicable after the cancellation, the Secretary must give an officer or employee of the recognised State/Territory authority written notice of the cancellation. 123ZE  Disclosure of information to the Secretary—child protection  (1) Despite any law (whether written or unwritten) in force in a State or Territory, a child protection officer of a State or Territory may give the Secretary information about a person if:  (i) the person is subject to the income management regime under section 123UC; or  (ii) the child protection officer is considering whether to give a notice of the kind referred to in paragraph 123UC(1)(b) in relation to the person; and  (2) If information about a person is disclosed by a child protection officer of a State or Territory as mentioned in subsection (1), the Secretary may disclose information about the person to a child protection officer of the State or Territory for the purposes of the performance of the functions and duties, or the exercise of the powers, of the child protection officer in relation to the care, protection or welfare of children. 123ZEA  Disclosure of information to the Secretary—Queensland Commission  (1) Despite any law (whether written or unwritten) in force in Queensland, the Queensland Commission may give the Secretary information about a person if:  (i) the person is subject to the income management regime under section 123UF; or  (ii) the Queensland Commission is considering whether to give a notice of the kind referred to in paragraph 123UF(1)(b) or (2)(c) in relation to the person; and  (2) If information about a person is disclosed by the Queensland Commission as mentioned in subsection (1), the Secretary may disclose information about the person to the Queensland Commission for the purposes of the performance of the functions, or the exercise of the powers, of the Queensland Commission. 123ZEAA  Disclosure of information to the Secretary—other State/Territory referrals  (1) Despite any law (whether written or unwritten) in force in a State or Territory, an officer or employee of a recognised State/Territory authority may give the Secretary information about a person if:  (i) the person is subject to the income management regime under section 123UFAA; or  (ii) the officer or employee is considering whether to give a notice of the kind referred to in paragraph 123UFAA(1)(b) in relation to the person; and  (2) If information about a person is disclosed as mentioned in subsection (1), the Secretary may disclose information about the person to an officer or employee of the recognised State/Territory authority for the purposes of the performance of the functions and duties, or the exercise of the powers, of the officer or employee. 123ZEB  Disclosure of information to the Secretary—school enrolment and attendance  (1) Despite any law (whether written or unwritten) in force in a State or Territory: may give the Secretary information about the enrolment, or non‑enrolment, of children at school.  (2) Despite any law (whether written or unwritten) in force in a State or Territory: may give the Secretary information about the attendance, or non‑attendance, of children at school. Division 8—Debt recovery etc. 123ZF  Person other than payee obtaining payment of a cheque  (b) an amount is paid by cheque under section 123YM, 123YN, 123YO or 123YP; and  (c) the payment resulted in the first person’s income management account being debited by an amount equal to the amount paid; and  (d) a person (the second person) other than the payee of the cheque obtains possession of the cheque from the payee; and  (e) the cheque is not endorsed by the payee to the second person; and  (f) the second person obtains value for the cheque.  (2) The amount of the cheque is a debt due by the second person to the Commonwealth.  (3) The Secretary may determine, in writing, that the first person’s income management account is to be credited by an amount equal to the amount of the cheque.  (4) If the Secretary makes a determination under subsection (3), then an amount equal to the amount of the cheque is: 123ZG  Misuse of vouchers and stored value cards  (i) the Secretary has given the first person or another person a voucher under subsection 123YC(2) or 123YD(2); or  (ii) the Secretary has given the first person or another person a stored value card under subsection 123YE(2), 123YF(2), 123YM(2), 123YN(2), 123YO(2) or 123YP(2); and  (c) the Secretary’s action resulted in the first person’s income management account being debited; and  (d) a person (the unauthorised person) other than the person to whom the voucher or stored value card was given:  (i) obtains possession of the voucher or stored value card from the person to whom the voucher or stored value card was given; and  (ii) uses the voucher or stored value card to acquire goods or services or to obtain cash; and  (e) the unauthorised person does so without the consent of the person to whom the voucher or stored value card was given.  (2) In the case of the use of a voucher, an amount equal to the face value of the voucher is a debt due by the unauthorised person to the Commonwealth.  (3) In the case of the use of a stored value card, an amount equal to the monetary value involved in the use is a debt due by the unauthorised person to the Commonwealth.  (4) In the case of the use of a voucher, the Secretary may determine, in writing, that the first person’s income management account is to be credited by an amount equal to the face value of the voucher.  (5) If the Secretary makes a determination under subsection (4), then an amount equal to the face value of the voucher is:  (6) In the case of the use of a stored value card, the Secretary may determine, in writing, that the first person’s income management account is to be credited by an amount equal to the monetary value involved in the use.  (7) If the Secretary makes a determination under subsection (6), then an amount equal to the monetary value involved in the use is: 123ZH  Repayment of money credited to an account  (b) under section 123YI or 123YJ, the Secretary has paid an amount to a third person; and  (c) the payment resulted in the first person’s income management account being debited by an amount equal to the amount paid. Repayment  (2) The Secretary may, by written notice given to the third person, require the third person to repay to the Commonwealth (as a debt due to the Commonwealth) so much of the amount paid as has not been applied by the relevant account holder for the purposes of the acquisition of goods or services.  (a) the Secretary gives the third person a notice under subsection (2); and  (b) the Secretary is aware of the amount (the relevant amount) that has not been applied by the relevant account holder for the purposes of the acquisition of goods or services; the Secretary may determine, in writing, that the first person’s income management account is to be credited by an amount equal to the relevant amount.  (4) If the Secretary makes a determination under subsection (3), then an amount equal to the relevant amount is: 123ZI  Breach of condition relating to crediting of account  (b) under section 123YI or 123YJ, the Secretary has paid an amount to a third person; and  (c) the payment resulted in the first person’s income management account being debited by an amount equal to the amount paid; and  (d) the third person has breached a condition of the payment.  (2) So much of the amount paid as has not been applied by the relevant account holder for the purposes of the acquisition of goods or services is a debt due by the third person to the Commonwealth.  (3) If the Secretary is aware of the amount (the relevant amount) that has not been applied by the relevant account holder for the purposes of the acquisition of goods or services, the Secretary may determine, in writing, that the first person’s income management account is to be credited by an amount equal to the relevant amount.  (4) If the Secretary makes a determination under subsection (3), then an amount equal to the relevant amount is: 123ZIA  Balance of income management account falls below value of action taken under Division 6  (a) the Secretary takes action under Division 6 that requires an amount (the initial amount) to be debited from a person’s income management account; and  (b) at any time between the taking of the action and the recording of the debit as mentioned in subsection 123ZNA(2), the balance of the person’s account falls below an amount equal to the initial amount. Note: The recording of the debiting of the initial amount may leave the person’s income management account having a debit balance, but subsections (2) and (3) allow a credit to that account of an amount equal to the initial amount.  (2) The Secretary may determine, in writing, that the person’s income management account is to be credited by an amount equal to the initial amount.  (3) If the Secretary makes a determination under subsection (2), then an amount equal to the initial amount is:  (b) credited to the person’s income management account. Debt  (4) If the Secretary makes a determination under subsection (2), then an amount equal to the initial amount is a debt due by the person to the Commonwealth. 123ZJ  Value of action taken under Division 6 exceeds credit balance of income management account  (b) the Secretary purports to take action under Division 6; and  (c) apart from this section, the action is invalid because of a breach of whichever of the following requirements is applicable under Division 6:  (i) in the case of giving a voucher—the requirement that the face value of the voucher must not exceed the credit balance of the first person’s income management account;  (ii) in the case of giving a stored value card—the requirement that the monetary value stored on the card must not exceed the credit balance of the first person’s income management account;  (iii) in the case of increasing the monetary value stored on a stored value card—the requirement that the increase in the monetary value must not exceed the credit balance of the first person’s income management account;  (iv) in the case of paying an amount—the requirement that the amount paid must not exceed the credit balance of the first person’s income management account;  (v) in the case of taking an action under subsection 123YQ(2)—the requirement that the non‑administrative expenses paid by the Commonwealth in relation to the taking of the action must not exceed the credit balance of the first person’s income management account; and  (d) the breach was the result of an administrative error or oversight. Validation  (2) Both:  (a) the action taken by the Secretary; and  (b) the resulting debit from the first person’s income management account; are as valid as they would have been if:  (c) the requirement mentioned in paragraph (1)(c) were not applicable to the action; and  (d) this Part had allowed the first person’s income management account to have a debit balance.  (2A) To avoid doubt, the action to which subparagraph (1)(c)(ii), (iii), (iv) or (v) applies is covered by paragraph 123ZN(1)(e), (f), (g) or (h) (as the case requires). Relevant excess  (3) For the purposes of this section, the relevant excess is:  (a) in the case of giving a voucher—the amount by which the face value of the voucher exceeds the credit balance of the first person’s income management account; or  (b) in the case of giving a stored value card—the amount by which the monetary value stored on the card exceeds the credit balance of the first person’s income management account; or  (c) in the case of increasing the monetary value stored on a stored value card—the amount by which the increase in the monetary value exceeds the credit balance of the first person’s income management account; or  (d) in the case of paying an amount—the amount by which the amount paid exceeds the credit balance of the first person’s income management account; or  (e) in the case of taking an action under subsection 123YQ(2)—the amount by which the non‑administrative expenses paid by the Commonwealth in relation to the taking of the action exceeds the credit balance of the first person’s income management account.  (4) An amount equal to the relevant excess is:  (5) An amount equal to the relevant excess is a debt due by the first person to the Commonwealth. 123ZJA  Action purportedly taken under Division 6 as a result of administrative error  (a) the Secretary purports to take action under Division 6; and  (b) apart from this section, the action is invalid; and  (c) the action is due to an administrative error. Relevant excess  (2) If the action purportedly taken results in an amount (an excess amount) being credited to a person’s income management account in error, the Secretary may determine, in writing, that:  (a) the person’s income management account is to be debited by one or more amounts equal to the excess amount; or  (b) the person must repay to the Commonwealth, as a debt due to the Commonwealth, an amount equal to the excess amount. Note: Paragraph (b)—for debt recovery, see Chapter 5 of the 1991 Act.  (3) If the Secretary makes a determination under paragraph (2)(a):  (a) the Income Management Record is debited by one or more amounts equal to the excess amount; and  (b) the person’s income management account is debited by one or more amounts equal to the excess amount. Debt due to the Commonwealth  (4) If the action purportedly taken results in an amount (an excess amount) being paid to a person in error and the person does not have an income management account, an amount equal to the excess amount is a debt due by the person to the Commonwealth.  (5) If the action purportedly taken results in a voucher being given to a person in error, an amount equal to the face value of the voucher is a debt due by the person to the Commonwealth.  (6) If the action purportedly taken results in a stored value card being given to a person in error, an amount equal to the monetary value of the stored value card is a debt due by the person to the Commonwealth.  (7) Subject to subsection (8), if the action purportedly taken results in a payment being made to the credit of an account held by a person with:  (a) a bank; or  (b) a person specified in a legislative instrument made by the Secretary for the purposes of subparagraph 123YK(2)(a)(ii) or (b)(ii) or 123YL(2)(a)(ii) or (b)(ii); in error, an amount equal to the amount of the payment is a debt due by the person to the Commonwealth.  (8) If an account mentioned in subsection (7) is held by a person jointly or in common with another person, each account holder is jointly and severally liable for the payment of a debt due to the Commonwealth under that subsection.  (9) If the action purportedly taken results in a payment being made to a person by way of a cheque or cash, and the payment is made in error, an amount equal to the amount of the payment is a debt due by the person to the Commonwealth.  (10) If the action purportedly taken results in an amount (a shortfall amount) being debited from a person’s income management account in error, an amount equal to the shortfall amount must be:  (b) credited to the person’s income management account.  (11) A determination made under subsection (2) is not a legislative instrument. Division 9—Miscellaneous 123ZK  Secretary must comply with certain directions given by the Queensland Commission  (a) a person is subject to the income management regime under section 123UF; and  (b) under a law of Queensland, the Queensland Commission gives the Secretary a written direction about the exercise of a power of the Secretary under subsection 123XM(3), 123XN(3), 123XO(3) or 123XP(3) in relation to the person; the Secretary must comply with the direction. Debits from income management accounts  (a) a person is subject to the income management regime under section 123UF; and  (b) under a law of Queensland, the Queensland Commission gives the Secretary a written direction about the exercise of a power of the Secretary under Division 6 that results in a debit from the person’s income management account; the Secretary must comply with the direction. 123ZL  Surrender of unused vouchers and unused stored value cards  (i) the Secretary has given the first person or another person a voucher under subsection 123YC(2) or 123YD(2); or  (ii) the Secretary has given the first person or another person a stored value card under subsection 123YE(2), 123YF(2), 123YM(2), 123YN(2), 123YO(2) or 123YP(2); and  (c) as a result of the taking of the action referred to in paragraph (b), the first person’s income management account has been debited by a particular amount (the debited amount); and  (d) the voucher or stored value card has not been used. Surrender of voucher or stored value card  (2) The voucher or stored value card may be surrendered to the Secretary. Income Management Record to be credited  (3) If, under subsection (2), the voucher or stored value card is surrendered to the Secretary, an amount equal to the debited amount is credited to the Income Management Record. First person’s income management account to be credited  (4) If, under subsection (2), the voucher or stored value card is surrendered to the Secretary, an amount equal to the debited amount is credited to the first person’s income management account. 123ZM  Vouchers  (1) The Secretary may, on behalf of the Commonwealth, purchase vouchers to be given under subsection 123YC(2) or 123YD(2).  (a) issue vouchers to be given under subsection 123YC(2) or 123YD(2); and  (b) enter into agreements with the suppliers of goods or services under which the suppliers undertake to accept those vouchers in consideration for the supply of goods or services.  (3) Subsections (1) and (2) do not limit the executive power of the Commonwealth.  (4) To the extent to which:  (a) the issue of vouchers under paragraph (2)(a); or  (b) an agreement entered into under paragraph (2)(b); involves a borrowing of money by the Commonwealth, that borrowing is authorised by this subsection. Note: Subsection 56(1) of the Public Governance, Performance and Accountability Act 2013 provides that an agreement for the borrowing of money by the Commonwealth is of no effect unless the borrowing is expressly authorised by or under an Act. 123ZN  Appropriation  (1) The Consolidated Revenue Fund is appropriated to the extent necessary for the purposes of:  (aa) making payments under subsection 123UP(2); and  (a) making payments under subsection 123WJ(4), (7) or (11) or 123WL(3); and  (b) enabling the Secretary to set off an amount under subsection 123WJ(14); and  (c) making a purchase mentioned in subsection 123ZM(1); and  (d) making a payment of an amount payable by the Commonwealth under an agreement mentioned in paragraph 123ZM(2)(b); and  (e) enabling the Secretary to give a stored value card under subsection 123YE(2), 123YF(2), 123YM(2), 123YN(2), 123YO(2) or 123YP(2); and  (f) enabling the Secretary to increase, under subsection 123YE(2) or 123YF(2), the monetary value stored on a stored value card; and  (g) enabling the Secretary to pay an amount under subsection 123YG(2), 123YH(2), 123YI(2), 123YJ(2), 123YK(2), 123YL(2), 123YM(2), 123YN(2), 123YO(2) or 123YP(2); and  (h) paying or discharging expenses incurred by the Commonwealth in relation to action taken by the Secretary under subsection 123YQ(2); and  (i) making a payment to cover an invalid action, as mentioned in subsection 123ZJA(1).  (2) To avoid doubt, subsection (1) is the only provision of this Part that appropriates the Consolidated Revenue Fund. 123ZNA  Recording of amounts in accounts and records  (1) This section applies to:  (a) the crediting of an amount to the Income Management Record, or to a person’s income management account, under this Part; and  (b) the debiting of an amount from the Income Management Record, or from a person’s income management account, under this Part.  (2) The crediting or debiting takes effect at the time an entry recording the crediting or debiting is made in the accounts and records of the Department or the Human Services Department. 123ZO  This Part has effect despite other provisions etc.   This Part has effect despite anything in:  (a) any other provision of this Act; or  (b) the 1991 Act; or  (c) the Family Assistance Act; or  (d) the Family Assistance Administration Act; or  (e) the Student Assistance Act 1973; or  (f) the Veterans’ Entitlements Act.