Document ID: chunk:federal_register_of_legislation:F2022C00026:reg:12b:p1
Version: federal_register_of_legislation:F2022C00026
Segment Type: reg
Provision Reference: reg 12B (pt 1/2)
Character Range: 63495–66253

12B  Meaning of eligible religious practitioner
 (1) An individual is an eligible religious practitioner for an entity that is a registered religious institution for a fortnight if:
 (a) the individual is not employed by the institution at any time in the fortnight; and
 (b) the individual satisfies the requirements in subsection (2) at a time in the fortnight; and
 (c) the individual satisfies the requirements in subsections (3) and (4); and
 (d) the individual is not excluded from being an eligible religious practitioner for the institution for the fortnight under subsection (5).

Fortnightly requirements
 (2) The requirements are satisfied at a time if, at that time:
 (a) the individual is a religious practitioner; and
 (b) the individual is doing an activity, or a series of activities:
 (i) in pursuit of the individual's vocation as a religious practitioner; and
 (ii) as a member of the registered religious institution.

1 March 2020 requirements
 (3) The requirements are that, on 1 March 2020:
 (a) the individual was aged 16 years or over; and
 (b) 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
 (c) the individual satisfied the requirements in subsection (2); and
 (d) 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 to the entity a notice (the nomination notice) in the approved form 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 an eligible religious practitioner for the entity for the purposes of the jobkeeper scheme; 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 for the fortnight in which the time occurs; and
 (ii) the individual is not an employee (other than a casual employee) of another entity; and
 (iii) the individual is not excluded under subsection (5) from being an eligible religious practitioner for the entity for the fortnight in which the time occurs; and
 (iv) the individual has not given any other entity, or the Commissioner, a