(c) at the test time, the transfer notice is in force; 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:
(a) at the test time, the person is:
(i) not subject to the enhanced income management regime under any other provision of this Division; and
(ii) not subject to the income management regime (within the meaning of Part 3B); and
(b) at the test time, the person has a Part 3B payment nominee; and
(c) at the test time, the Part 3B payment nominee is:
(i) subject to the 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
(c) at the test time, the transfer notice is in force; and
(d) at the test time, the person has a Part 3B payment nominee who is:
(i) subject to the enhanced income management regime under subsection (1) of this section; or
(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
(d) at the test time, the person is not an exempt welfare payment recipient; and
(e) if, at the test time, the person has a Part 3B payment nominee—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).
(3) If:
(a) a person is subject to the enhanced income management regime under subsection (1); and
(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:
(a) at the test time, the person is:
(i) not subject to the enhanced income management regime under any other provision of this Division; and
(ii) not subject to the income management regime (within the meaning of Part 3B); and
(b) at the test time, the person has a Part 3B payment nominee; and
(c) at the test time, the Part 3B payment nominee is:
(i) subject to the enhanced income management regime under subsection (1); or
(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
(d) at the test time, the person is not an exempt welfare payment recipient; and
(e) if, at the test time, the person has a Part 3B payment nominee—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).
(7) If:
(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:
(a) at the test time, the person is:
(i) not subject to the enhanced income management regime under any other provision of this Division; and
(ii) not subject to the income management regime (within the meaning of Part 3B); and
(b) at the test time, the person has a Part 3B payment nominee; and
(c) at the test time, the Part 3B payment nominee is:
(i) subject to the 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).
(3) A determination made by the Secretary under subsection (1) is not a legislative instrument.
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).
(3) A determination made by the Secretary under subsection (1) is not a legislative instrument.
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).
Determination not a legislative instrument
(7) A determination made by the Secretary under subsection (1) is not a legislative instrument.
Definitions
(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.
(2) For the purposes of this section:
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.
(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:
(a) a specified State; or
(b) a specified Territory; or
(c) a specified area;
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.