Document ID: chunk:federal_register_of_legislation:C2023A00047:clause:1_123scm
Version: federal_register_of_legislation:C2023A00047
Segment Type: clause
Provision Reference: sch 1 cl 123SCM
Character Range: 35422–38189

123SCM  Determination by Secretary—vulnerable welfare payment recipient

Determination
 (1) The Secretary may, by writing, determine that a person is a vulnerable welfare payment recipient for the purposes of this Part.
 (2) In deciding whether to make a determination under subsection (1), the Secretary must comply with any decision‑making principles determined under subsection (12) for the purposes of this subsection.

Duration of determination
 (3) A determination made under subsection (1):
 (a) comes into force:
 (i) on the day on which it is made; or
 (ii) if a later day is specified in the determination—on that later day; and
 (b) remains in force (unless earlier revoked):
 (i) for 12 months; or
 (ii) if a shorter period is specified in the determination—for that shorter period.

New determinations
 (4) If a determination made under subsection (1) is, or has been, in force in relation to a person, subsection (3) does not prevent the Secretary from making a new determination under subsection (1) in relation to that person.

Variation and revocation
 (5) The Secretary may, by writing, vary or revoke a determination made under subsection (1):
 (a) on the Secretary's own initiative; or
 (b) on request made under subsection (8).
 (6) In deciding whether to vary or revoke a determination made under subsection (1), the Secretary must comply with any decision‑making principles determined under subsection (12) for the purposes of this subsection.
 (7) Subsection (5) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 to other instruments under this Act.

Request to reconsider circumstances
 (8) Subject to subsection (9), if a determination made under subsection (1) is in force in relation to a person, the person may request the Secretary to:
 (a) reconsider the person's circumstances; and
 (b) vary, or revoke, the determination.
 (9) A person must not make a request under subsection (8) in relation to a determination if, at any time during the preceding period of 90 days, the person has made a request under that subsection in relation to the same determination.
 (10) If a person makes a request under subsection (8), the Secretary must reconsider the person's circumstances unless the request was made in contravention of subsection (9).

Determination not a legislative instrument
 (11) A determination made under subsection (1) is not a legislative instrument.

Decision‑making principles
 (12) The Minister may, by legislative instrument, determine decision‑making principles for the purposes of subsections (2) and (6).
 (13) Without limiting subsection (12), the decision‑making principles may set out when the Secretary must make a determination under subsection (1) in relation to a person.