Document ID: chunk:federal_register_of_legislation:C2010A00093:clause:2_23:p1
Version: federal_register_of_legislation:C2010A00093
Segment Type: clause
Provision Reference: sch 2 cl 23 (pt 1/2)
Character Range: 10900–13616

23  Persons subject to the income management regime—relevant Northern Territory area
(1) This item applies in relation to a person if the person was subject to the income management regime under section 123UB of the Administration Act immediately before the commencement time.
(2) Despite the amendments and repeals made by items 1 to 7, 9 to 12 and 17, 19 and 20 of this Part and subject to subitems (3), (4), (5) and (6):
 (a) a determination that was in force under subsection 123TE(1) of the Administration Act immediately before the commencement time continues in force after that time in relation to the person; and
 (b) the person continues to be subject to the income management regime under section 123UB of the Administration Act after the commencement time; and
 (c) Part 3B of the Administration Act applies in relation to the person after the commencement time;
as if those amendments and repeals had not happened.
(3) The Minister must not make a determination under subsection 123TE(1) of the Administration Act (as it continues to apply because of subitem (2)) unless the determination relates to a relevant Northern Territory area to which a determination that was in force under that subsection after the commencement time relates.
(4) Section 123UB of the Administration Act (continuing section 123UB) continues to apply in relation to the person as if paragraphs (1)(d), (f) and (g), (2)(f), (h) and (i) and (3)(a) of that section were omitted.
(5) The person ceases to be subject to the income management regime under continuing section 123UB if:
 (a) the person ceases to meet the criteria set out in subsection (1), (2) or (3) of that section; or
 (b) the Secretary determines, in writing, that the person should not continue to be subject to the income management regime under that section; or
 (c) the person becomes subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF or 123UFA of the Administration Act, as in force after the commencement time.
(6) If the person has not ceased to be subject to the income management regime under continuing section 123UB before the end of the transition period, the person ceases to be subject to the income management regime under that section at the end of that period.
(7) The Secretary must not determine, under paragraph (5)(b), that the person should not continue to be subject to the income management regime under continuing section 123UB unless the person's usual place of residence is within a declared income management area (as defined in Part 3B of the Administration Act as in force after the commencement time).
(8) Part 4 of the Administration Act (which deals with review of decisions)