Document ID: chunk:federal_register_of_legislation:C2013C00026:clause:3_61f
Version: federal_register_of_legislation:C2013C00026
Segment Type: clause
Provision Reference: sch 3 cl 61F
Character Range: 140183–142585

61F  Top‑up payments of clean energy advance

 (1) The Commission may by legislative instrument determine that persons:
 (a) who have been paid the amount (the original payment) of a specified clean energy advance for a clean energy underlying payment (the original underlying payment) worked out under Subdivision B; and
 (b) whose circumstances change, within a period specified in the instrument, in a way that is specified in the instrument and is covered by subsection (2) or (3);
are eligible for a further payment, of the amount worked out in accordance with the instrument, of the clean energy advance.

 (2) This subsection covers a person's circumstances changing in a way such that:
 (a) immediately after the change the Commission could still have determined that the person would have been eligible for a clean energy advance for the original underlying payment, had the Commission not already made such a determination; and
 (b) had the amount of the original payment been worked out by reference to the person's circumstances immediately after the change, the clean energy advance daily rate that would have been used for working out that amount would have been greater than the rate actually used for working out that amount.

 (3) This subsection covers a change in a person's circumstances that, apart from a multiple entitlement exclusion, would (if any necessary administrative decisions were made) entitle the person to a clean energy bonus, under an Act or a scheme, relating to a payment other than the original underlying payment.

 (4) For the purposes of subsection (3), a multiple entitlement exclusion is an instrument that:
 (a) provides a person is not entitled to a clean energy bonus under an Act or a scheme because of the person's entitlement to or receipt of the original payment or the original underlying payment; and
 (b) is made under:
 (i) section 65A; or
 (ii) section 424L of the MRCA; or
 (iii) section 918 of the Social Security Act;
  or is an instrument establishing entitlements to a clean energy bonus under a scheme.

 (5) An instrument under subsection (1) may provide for:
 (a) different periods for changes in circumstances depending on different changes in circumstances; and
 (b) different ways of working out further amounts of the original payment depending on different changes in circumstances.

Subdivision D—Payment of clean energy advance