Document ID: chunk:federal_register_of_legislation:C2025C00162:section:16a:p1
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 16A (pt 1/7)
Character Range: 240393–243123

16A  Seasonal work definitions

Definitions
 (1) In this Act, unless the contrary intention appears:
relevant AWOTE, in relation to a calendar year, means the amount that, under the heading "Trend Estimates" in the document entitled "Average Weekly Earnings, States and Australia" last published by the Australian Bureau of Statistics before 1 January in that year, is specified as being the full‑time adult ordinary time earnings for Australia for the quarter to which the document relates.
seasonal work means:
 (a) work that, because of its nature or of factors peculiar to the industry in which it is performed, is available, at approximately the same time or times every year, for part or parts only of the year; or
 (aa) work:
 (i) that is intermittent; and
 (ii) that is to be performed for a period of less than 12 months; and
 (iii) that is to be performed for a specified period or a period that can reasonably be calculated by reference to the completion of a specified task; and
 (iv) for which the person performing the work does not accrue leave entitlements; or
 (b) work that is intermittent and is determined, under subsection (2), to be seasonal work for the purposes of this Act.
Examples: Examples of work described in paragraph (a) are fishing, fruit picking, shearing and work in an industry that is subject to Christmas shutdowns. Examples of work that is intermittent are relief teaching and work as a locum.
seasonal work income means gross income from seasonal work less amounts necessarily expended in relation to that seasonal work that the person can demonstrate are allowable deductions for the purposes of the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997, as the case may be.
seasonal work preclusion period has the meaning given by subsections (3) and (4).
subject to a seasonal work preclusion period has the meaning given by subsection (11).
 (1A) Paragraph (aa) of the definition of seasonal work in subsection (1) does not apply to a person undertaking seasonal work if the person was receiving income support payments (whether or not the kind of payment received has changed over the period and whether any part of it occurred before or after the commencement of this section) in respect of a continuous period exceeding 12 months immediately before the person commenced the seasonal work.

Secretary's determination—seasonal work
 (2) The Secretary may, by legislative instrument, determine that a specified kind of work that is intermittent is seasonal work for the purposes of this Act.

Seasonal work preclusion periods
 (3) If:
 (a) a person is not a member of a couple; and
 (b) the person has made a claim for jobseeker payment, youth allowance, special benefit,