Document ID: chunk:federal_register_of_legislation:C2018A00110:clause:1_124pgc
Version: federal_register_of_legislation:C2018A00110
Segment Type: clause
Provision Reference: sch 1 cl 124PGC
Character Range: 18649–20670

124PGC  Trial participants—Bundaberg and Hervey Bay area
 (1) A person is a trial participant if:
 (a) the person's usual place of residence is, becomes or was within the Bundaberg and Hervey Bay area; and
 (b) the person is receiving newstart allowance, youth allowance (where neither section 540AA of the 1991 Act (about new apprentices) nor paragraph 541(1)(a) of the 1991 Act (about full‑time study) applies) or parenting payment; and
 (c) the person is under 35 years of age on the day this section commences and the person has not turned 36 years of age; and
 (d) the person does not have a Part 3B payment nominee (within the meaning of Part 3B); and
 (e) the person is not covered by a determination under subsection 43(3A); and
 (f) the person is not subject to the income management regime under section 123UC, 123UCB, 123UCC or 123UF; and
 (g) subsection (3) does not apply to the person; and
 (h) the person is not covered by a determination under subsection (4).
 (2) To avoid doubt, if a person's usual place of residence becomes within the Bundaberg and Hervey Bay area and subsection (1) applies to the person, the person is a trial participant on and after the day that the person's usual place of residence becomes within that area.
 (3) This subsection applies to a person if:
 (a) the person is undertaking full‑time study (as defined by section 541B of the 1991 Act); and
 (b) while undertaking that study, the person is living outside the Bundaberg and Hervey Bay area.
 (4) The Secretary must determine that a person is not a trial participant under this section if the Secretary is satisfied that being a trial participant under this section would pose a serious risk to the person's mental, physical or emotional wellbeing.
 (5) The Secretary is not required to inquire into whether a person being a trial participant under this section would pose a serious risk to the person's mental, physical or emotional wellbeing.
 (6) A determination under subsection (4) is not a legislative instrument.