Document ID: chunk:federal_register_of_legislation:F2022C00026:reg:4:p1
Version: federal_register_of_legislation:F2022C00026
Segment Type: reg
Provision Reference: reg 4 (pt 1/2)
Character Range: 55667–58389

4     Company               A shareholder in or a director of the company

1 March 2020 requirements
 (3) The requirements are that, on 1 March 2020:
 (a) the individual was aged 16 years or over; and
 (aa) if the individual was aged 16 or 17 years—the individual was:
 (i) independent within the meaning of section 1067A of the Social Security Act 1991; or
 (ii) not undertaking full‑time study (within the meaning of the Social Security Act 1991); and
 (b) the individual satisfied the requirements in subsection (2); and
 (c) the individual:
 (i) was an Australian resident (within the meaning of section 7 of the Social Security Act 1991); or
 (ii) was a resident of Australia for the purposes of the Income Tax Assessment Act 1936 and was the holder of a special category visa referred to in the regulations under the Migration Act 1958 as a Subclass 444 (Special Category) visa.

Nomination requirements
 (4) The requirements are that:
 (a) the individual has given a notice (the nomination notice) in the manner set out in subsection (5) stating that:
 (i) the individual satisfies the requirements in subsection (3) and in paragraph (b) of this subsection in relation to the entity; and
 (ii) the individual agrees to be nominated by the entity as the eligible business participant for the entity for the purposes of the jobkeeper scheme; and
 (aa) if the individual was aged 16 or 17 years on 1 March 2020—the nomination notice includes:
 (i) a statement that the individual was independent within the meaning of section 1067A of the Social Security Act 1991 on 1 March 2020; or
 (ii) a statement that the individual was not undertaking full‑time study (within the meaning of the Social Security Act 1991) on 1 March 2020; and
 (b) at the time the individual gives the entity the nomination notice:
 (i) the individual satisfies the requirements in subsection (2) in relation to the entity; and
 (ii) the individual is not an employee (other than a casual employee) of another entity; and
 (iii) the individual has not given any other entity, or the Commissioner, a nomination notice under this subsection or subsection 9(3) or 12B(4); and
 (iv) the individual is not excluded under subsection (6) from being the eligible business participant for the entity for the fortnight in which the time occurs; and
 (c) at the time the individual gives the entity the nomination notice, no other individual has already satisfied the requirements in this subsection in relation to the entity.
Note: If an overpayment results from an individual nominating with more than one entity, the individual may be jointly and severally liable to pay the overpayment and any general interest charge on the overpayment: see section 11