Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of this Part, a person is subject to the 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 H welfare payment; and
(b) before the test time, an officer or employee of a recognised State/Territory authority gave the Secretary a written notice requiring that the person be subject to the 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(d) at the test time, the notice had not been withdrawn or revoked; and
(e) at the test time, the State or Territory is a recognised State or Territory; and
(f) if, at the test time, the person has a Part 3B payment nominee--the Part 3B payment nominee is not an excluded Part 3B payment nominee; and
(g) at the test time, the person is not subject to the income management regime under section 123UC, 123UD, 123UE or 123UF.
(2) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time ) if:
(a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; and
(b) at the test time, the person has a Part 3B payment nominee; and
(c) at the test time, the Part 3B payment nominee is:
(i) subject to the income management regime under subsection (1); or
(ii) subject to the enhanced income management regime under subsection 123SCJ(1).
(4) If:
(a) a person was a program participant under section 124PGE on the day before the closure day; and
(b) on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;
then, despite subsections (1) and (2) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.
(5) A person is not subject to the income management regime under this section on or after the day this subsection commences unless the person was subject to the income management regime under this section immediately before the start of that day.