(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.
Criteria
(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.
Tax consequences
(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
Scope
(1) This section applies if:
(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.
Notice
(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
Scope
(1) This section applies if:
(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.
Notice
(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
Scope
(1) This section applies if:
(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.
Notice
(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:
(a) either:
(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
(b) the disclosed information is relevant to the operation of this Part.
(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:
(a) either:
(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
(b) the disclosed information is relevant to the operation of this Part.
(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:
(a) either:
(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
(b) the disclosed information is relevant to the operation of this Part.
(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:
(a) a State or Territory; or
(b) a non‑government school authority; or
(c) any other person who is responsible for the operation of one or more schools;
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:
(a) a State or Territory; or
(b) a non‑government school authority; or
(c) any other person who is responsible for the operation of one or more schools;
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
Scope
(1) This section applies if:
(a) a person (the first person) is subject to the income management regime; and
(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.
Recovery
(2) The amount of the cheque is a debt due by the second person to the Commonwealth.
Note: For debt recovery, see Chapter 5 of the 1991 Act.
Crediting of amounts
(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:
(a) credited to the Income Management Record; and
(b) credited to the first person’s income management account.
123ZG Misuse of vouchers and stored value cards
Scope
(1) This section applies if:
(a) a person (the first person) is subject to the income management regime; and
(b) either:
(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.
Recovery
(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.
Note: For debt recovery, see Chapter 5 of the 1991 Act.
(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.
Note: For debt recovery, see Chapter 5 of the 1991 Act.
Crediting of amounts
(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:
(a) credited to the Income Management Record; and
(b) credited to the first person’s income management account.
(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:
(a) credited to the Income Management Record; and
(b) credited to the first person’s income management account.
123ZH Repayment of money credited to an account
Scope
(1) This section applies if:
(a) a person (the first person) is subject to the income management regime; and
(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.
Note: For debt recovery, see Chapter 5 of the 1991 Act.
Crediting of amounts
(3) If:
(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:
(a) credited to the Income Management Record; and
(b) credited to the first person’s income management account.
123ZI Breach of condition relating to crediting of account
Scope
(1) This section applies if:
(a) a person (the first person) is subject to the income management regime; and
(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.
Recovery
(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.
Note: For debt recovery, see Chapter 5 of the 1991 Act.
Crediting of amounts
(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:
(a) credited to the Income Management Record; and
(b) credited to the first person’s income management account.
123ZIA Balance of income management account falls below value of action taken under Division 6
Scope
(1) This section applies if:
(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.
Crediting of amounts
(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:
(a) credited to the Income Management Record; and
(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.
Note: For debt recovery, see Chapter 5 of the 1991 Act.
123ZJ Value of action taken under Division 6 exceeds credit balance of income management account
Scope
(1) This section applies if:
(a) a person (the first person) is subject to the income management regime; and
(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