Document ID: chunk:federal_register_of_legislation:C2024C00458:section:123scj:p1
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 123SCJ (pt 1/2)
Character Range: 459106–461811

123SCJ  Persons subject to the enhanced income management regime—referrals by recognised State/Territory authority

Person given notice by a recognised State/Territory authority
 (1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:
 (a) at the test time, the person, or the person's partner, is an eligible recipient of a category A welfare payment; and
 (b) an officer or employee of a State/Territory authority gave the Secretary a written notice requiring that the person be subject to the enhanced income management regime under this section; and
 (c) the notice was given:
 (i) under a law (whether written or unwritten) in force in a State or Territory (other than a law of the Commonwealth); or
 (ii) in the exercise of the executive power of a State or Territory; and
 (d) at the test time, the notice is in force; and
 (e) at the test time, the State/Territory authority is a recognised State/Territory authority; and
 (f) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and
 (g) at the test time, the person is not subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB or 123SCC; and
 (h) subsection (2) or (3) of this section applies.
 (2) This subsection applies if, immediately before the test time, the person is not subject to the income management regime (within the meaning of Part 3B).
 (3) This subsection applies if:
 (a) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and
 (b) before the test time, the Secretary gave the person a written notice (a transfer notice) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and
 (c) at the test time, the transfer notice is in force; and
 (d) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UFAA(1).
 (4) Paragraph (1)(b) is taken to be satisfied if, before, on or after the day this subsection commences, an officer or employee of a State/Territory authority gave the Secretary a written notice requiring that the person be subject to the income management regime under Part 3B.

Person who has a Part 3B payment nominee subject to any income management
 (5) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:
 (a) at the test time, the person is:
 (i)