Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Part:
"account statement" , in relation to an income management account, means a statement that sets out:
(a) the amounts credited to the income management account during a particular period; and
(b) the amounts debited from the income management account during that period; and
(c) the balance of the income management account as at the end of that period.
"acquire" has the same meaning as in the Trade Practices Act 1974 .
"alcoholic beverage" means a beverage that contains more than 0.1% by volume of ethyl alcohol.
"applicable school period" has the meaning given by section 123UI.
"category A welfare payment" means:
(a) a social security benefit; or
(b) a social security pension; or
(c) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance.
"category B welfare payment" means:
(a) a category A welfare payment; or
(b) double orphan pension; or
(c) carer allowance; or
(d) mobility allowance; or
(e) pensioner education supplement; or
(f) telephone allowance under Part 2.25 of the 1991 Act; or
(g) utilities allowance under Part 2.25A of the 1991 Act; or
(h) family tax benefit by instalment (other than arrears of family tax benefit by instalment) under the Family Assistance Administration Act; or
(i) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or
(j) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement ; or
(k) a social security bereavement payment; or
(l) a Northern Territory CDEP transition payment;
but does not include:
(m) an advance payment under Part 2.22 of the 1991 Act; or
(n) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or
(o) a mobility allowance advance under section 1045 of the 1991 Act.
"category C welfare payment" means:
(aa) child disability assistance; or
(ab) carer supplement; or
(a) an advance payment under Part 2.22 of the 1991 Act; or
(b) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or
(c) a mobility allowance advance under section 1045 of the 1991 Act; or
(d) arrears of family tax benefit by instalment under the Family Assistance Administration Act; or
(e) family tax benefit for a past period under the Family Assistance Administration Act; or
(f) family tax benefit by single payment/in substitution because of the death of another individual under the Family Assistance Administration Act; or
(g) family tax benefit advance under the Family Assistance Administration Act; or
(h) baby bonus under the Family Assistance Act; or
(i) maternity immunisation allowance under the Family Assistance Act.
"category D welfare payment" means:
(a) a service pension; or
(b) income support supplement; or
(c) Defence Force Income Support Allowance.
"category F welfare payment" means:
(a) family tax benefit by instalment (other than arrears of family tax benefit by instalment) under the Family Assistance Administration Act; or
(b) double orphan pension; or
(c) carer allowance; or
(d) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre.
"category G welfare payment" means:
(aa) child disability assistance; or
(ab) carer supplement; or
(a) arrears of family tax benefit by instalment under the Family Assistance Administration Act; or
(b) family tax benefit for a past period under the Family Assistance Administration Act; or
(c) family tax benefit by single payment/in substitution because of the death of another individual under the Family Assistance Administration Act; or
(d) family tax benefit advance under the Family Assistance Administration Act; or
(e) baby bonus under the Family Assistance Act; or
(f) maternity immunisation allowance under the Family Assistance Act.
"category H welfare payment" means:
(a) a social security benefit; or
(b) a social security pension; or
(c) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance; or
(d) a service pension; or
(e) income support supplement; or
(f) Defence Force Income Support Allowance.
"category I welfare payment" means:
(a) a category H welfare payment; or
(b) double orphan pension; or
(c) family tax benefit under the Family Assistance Act; or
(d) family tax benefit advance under the Family Assistance Administration Act; or
(e) baby bonus under the Family Assistance Act; or
(f) maternity immunisation allowance under the Family Assistance Act; or
(g) carer allowance; or
(ga) child disability assistance; or
(gb) carer supplement; or
(h) mobility allowance; or
(i) pensioner education supplement; or
(j) telephone allowance under Part 2.25 of the 1991 Act; or
(k) veterans supplement under section 118B of the Veterans' Entitlements Act; or
(l) utilities allowance under Part 2.25A of the 1991 Act; or
(n) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or
(o) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement ; or
(p) a social security bereavement payment; or
(q) a veterans' entitlement bereavement payment; or
(r) a Northern Territory CDEP transition payment; or
(s) an advance payment under Part 2.22 of the 1991 Act; or
(t) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or
(u) a mobility allowance advance under section 1045 of the 1991 Act; or
(v) an advance payment under Part IVA of the Veterans' Entitlements Act.
"category P welfare payment" means:
(a) a social security benefit; or
(b) a social security pension (other than an age pension or a carer payment); or
(c) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance.
"category Q welfare payment" means:
(a) a category P welfare payment; or
(b) carer allowance; or
(ba) child disability assistance; or
(bb) carer supplement; or
(c) mobility allowance; or
(d) pensioner education supplement; or
(e) telephone allowance under Part 2.25 of the 1991 Act; or
(f) utilities allowance under Part 2.25A of the 1991 Act; or
(g) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or
(h) a social security bereavement payment (other than a social security bereavement payment in relation to an age pension or a carer payment); or
(i) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement ; or
(j) an advance payment under Part 2.22 of the 1991 Act (other than an advance payment of an age pension or a carer payment); or
(k) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or
(l) a mobility allowance advance under section 1045 of the 1991 Act; or
(m) double orphan pension; or
(n) family tax benefit under the Family Assistance Act; or
(o) family tax benefit advance under the Family Assistance Administration Act; or
(p) baby bonus under the Family Assistance Act; or
(q) maternity immunisation allowance under the Family Assistance Act.
"category R welfare payment" means:
(a) age pension; or
(b) carer payment; or
(c) a service pension; or
(d) income support supplement; or
(e) Defence Force Income Support Allowance.
"category S welfare payment" means:
(a) family tax benefit under the Family Assistance Act; or
(b) family tax benefit advance under the Family Assistance Administration Act; or
(c) baby bonus under the Family Assistance Act; or
(d) maternity immunisation allowance under the Family Assistance Act; or
(e) double orphan pension; or
(f) carer allowance; or
(fa) child disability assistance; or
(fb) carer supplement; or
(g) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre.
"Centrelink" means the Commonwealth Services Delivery Agency.
(a) a dependent child of the person; or
(b) an FTB child of the person; or
(c) on or after 1 July 2008--a regular care child of the person.
This definition does not apply to:
(d) the definition of child protection officer in this section; or
(e) Division 2; or
(f) subsection 123ZE(2); or
(g) section 123ZEB.
"child protection officer" means an officer or employee of a State or Territory who has functions, powers or duties in relation to the care, protection or welfare of children.
"declared child protection State or Territory" has the meaning given by section 123TF.
"declared primary school area" has the meaning given by subsection 123TG(1).
"declared relevant Northern Territory area" has the meaning given by section 123TE.
"declared secondary school area" has the meaning given by subsection 123TG(3).
"declared voluntary income management area" has the meaning given by section 123TGA.
"designated nominee of a person (the first person" ) means:
(a) a payment nominee of the first person; or
(b) a person to whom instalments of youth allowance of the first person are to be paid in accordance with subsection 45(1).
"economic security strategy payment" means:
(a) an economic security strategy payment under Part 2.17 of the 1991 Act; or
(b) an economic security strategy payment under Part VIIG of the Veterans' Entitlements Act; or
(c) an economic security strategy payment to families under Part 6 of the Family Assistance Act; or
(d) a payment under the scheme determined under Schedule 4 to the Social Security and Other Legislation Amendment (Economic Security Strategy) Act 2008 .
"eligible care child" has the meaning given by section 123UH.
"eligible care period" has the meaning given by section 123UJ.
"eligible recipient" has the meaning given by section 123TK.
"excluded goods" has the meaning given by subsection 123TI(1).
"excluded payment nominee" means:
(a) the Public Trustee (however described) of a State or Territory; or
(b) a payment nominee who is not subject to the income management regime.
"excluded service" has the meaning given by subsection 123TI(2).
"exempt Northern Territory person" has the meaning given by section 123UG.
(a) a parenting order within the meaning of section 64B of the Family Law Act 1975 ; or
(b) a family violence order within the meaning of section 4 of that Act; or
(c) a State child order registered under section 70D of that Act; or
(d) an overseas child order registered under section 70G of that Act.
"Finance Minister" has the same meaning as in the Financial Management and Accountability Act 1997 .
"gambling" means a service provided to a person in the capacity of a customer of a gambling service (within the meaning of the Interactive Gambling Act 2001 ).
"goods" has the same meaning as in the Trade Practices Act 1974 .
"household stimulus payment" means:
(a) a training and learning bonus under Division 1 of Part 2.18 of the 1991 Act; or
(b) a farmers hardship bonus under Division 2 of Part 2.18 of the 1991 Act; or
(c) an education entry payment supplement under Division 14 of Part 2.13A of the 1991 Act; or
(d) a back to school bonus or single income family bonus under Part 7 of the Family Assistance Act; or
(e) a payment under the scheme determined under Schedule 4 to the Household Stimulus Package Act (No. 2) 2009 .
"income management account" means a notional account kept in accordance with section 123WA.
"income tax law" has the same meaning as in the Income Tax Assessment Act 1997 .
"net amount" of an instalment or payment means:
(a) if a deduction is made from, or an amount is set off against, the instalment or payment under:
(i) section 61 or 238 of this Act; or
(ii) section 1231 of the 1991 Act; or
(iii) section 84, 84A, 92, 92A, 225, 226 or 227 of the Family Assistance Administration Act; or
(iv) section 50A, 50B, 58J, 79L, 122B, 122D, 205 or 205AA of the Veterans' Entitlements Act;
so much of the instalment or payment as remains after the deduction is made or the set‑off occurs, as the case may be; or
(b) in any other case--the amount of the instalment or payment.
"non-alcoholic beverage" means a beverage other than an alcoholic beverage.
"parenting plan" has the same meaning as in the Family Law Act 1975 .
(a) a person who is, by virtue of an appointment in force under section 123B of this Act or section 219TB of the Family Assistance Administration Act, the payment nominee of another person; or
(b) a person to whom payment of another person's service pension is made by virtue of an approval in force under section 58D of the Veterans' Entitlements Act; or
(c) a person to whom payment of another person's service pension is made by virtue of an appointment in force under section 202 of the Veterans' Entitlements Act.
"pornographic material" has the meaning given by section 123TJ.
"priority needs" has the meaning given by section 123TH.
"quarter" means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October.
"Queensland Commission" means a body or agency that:
(a) is established by a law of Queensland; and
(b) is specified in a legislative instrument made by the Minister for the purposes of this paragraph.
"registered parenting plan" has the same meaning as in the Family Law Act 1975 .
"relevant Northern Territory area" has the meaning given by section 123TD.
"service" has the same meaning as in the Trade Practices Act 1974 .
"social security bereavement payment" means a payment under any of the following provisions of the 1991 Act:
(a) Division 9 of Part 2.2;
(b) Division 10 of Part 2.3;
(c) Subdivision B of Division 9 of Part 2.4;
(d) Subdivision B or D of Division 9 of Part 2.5;
(e) Division 9 of Part 2.7;
(f) Division 9 of Part 2.8;
(g) Subdivision B or C of Division 9 of Part 2.10;
(h) Subdivision A of Division 10 of Part 2.11;
(i) Division 10 of Part 2.11A;
(j) Subdivision AA of Division 9 of Part 2.12;
(k) Subdivision C of Division 11 of Part 2.12B;
(l) Division 9 of Part 2.14;
(m) Division 9 of Part 2.15;
(n) Subdivision C of Division 9 of Part 2.15A;
(o) Division 10 of Part 2.16;
(p) Subdivision C of Division 10 of Part 2.19;
(q) Subdivision B of Division 10 of Part 2.20.
"Special Account" means the Income Management Special Account established by section 123VA.
"stored value card" includes a portable device that is:
(a) capable of storing monetary value in a form other than physical currency; and
(b) of a kind specified in a legislative instrument made by the Minister for the purposes of this paragraph.
"subject to the income management regime" has the meaning given by section 123UB, 123UC, 123UD, 123UE, 123UF or 123UFA.
"supply" has the same meaning as in the Trade Practices Act 1974 .
"tobacco product" has the same meaning as in the Tobacco Advertising Prohibition Act 1992 .
"unsatisfactory school attendance situation" has the meaning given by section 123UK.
"veterans' entitlement bereavement payment" means:
(a) a bereavement payment within the meaning of subsection 53K(3) of the Veterans' Entitlements Act; or
(b) a bereavement payment paid under subsection 53L(4) of that Act; or
(c) an amount paid under subsection 53Q(1) of that Act; or
(d) a bereavement payment within the meaning of subsection 53T(1) of that Act.
"voluntary income management agreement" means an agreement under section 123UM.
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