Document ID: chunk:federal_register_of_legislation:C2011C00056:clause:1_123te:p1
Version: federal_register_of_legislation:C2011C00056
Segment Type: clause
Provision Reference: sch 1 cl 123TE (pt 1/2)
Character Range: 22861–25751

123TE  Declared relevant Northern Territory area

 (1) The Minister may, by writing, determine that a specified relevant Northern Territory area is a declared relevant Northern Territory area for the purposes of this Part.

 (2) A determination under subsection (1) must specify an expiry date for the determination.

 (3) An expiry date must occur in the 12‑month period beginning when the determination was made.

 (4) Subsection (3) has effect subject to subsection (7).

 (5) In deciding whether to make a determination under subsection (1), the Minister must have regard to the following matters:
 (a) the availability in the relevant Northern Territory area of information setting out:
 (i) the proposal to make the determination; and
 (ii) an explanation, in summary form, of the consequences of the making of the determination for people who may become subject to the income management regime under section 123UB;
 (b) the opportunities that have been made available to people in the area to discuss:
 (i) the proposal to make the determination; and
 (ii) the consequences of the making of the determination for people who may become subject to the income management regime under section 123UB;
  with employees or officers of the Commonwealth;
 (c) the opportunities that have been made available to potentially affected people in the area to:
 (i) discuss their circumstances with officers of Centrelink; and
 (ii) give Centrelink information about their expenditure;
 (d) the extent to which it will be feasible for the Secretary to take action under Division 6 in relation to people who may become subject to the income management regime under section 123UB;
 (e) such other matters (if any) as the Minister considers relevant.

 (6) A contravention of subsection (5) does not affect the validity of a determination under subsection (1).

Extension of expiry date

 (7) The Minister may, by writing, extend or further extend the expiry date of a specified determination made under subsection (1), so long as the extension or further extension is for a period of not more than 12 months.

Duration of determination

 (8) Unless sooner revoked, a determination under subsection (1) ceases to be in force on the expiry date of the determination.

Fresh determination

 (9) If a determination under subsection (1) expires, this Act does not prevent the Minister from making a fresh determination under subsection (1) relating to the same relevant Northern Territory area as the expired determination.

Revocation

 (10) If a determination is in force under subsection (1), the Minister may, by writing, revoke the determination.

 (11) Subsection (10) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 to other instruments under this Act.

Interlocutory orders

 (12) A court must not make an interlocutory order suspending the operation of