Commonwealth Consolidated Acts

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 123UG

Each relevant Northern Territory area

             (1)  The Secretary may, by written notice given to a person, determine that the person is an exempt Northern Territory person in relation to each relevant Northern Territory area for the purposes of this Part.

             (2)  In deciding whether to make a determination under subsection (1), the Secretary must have regard to the following matters:

                     (a)  the person's family and kinship relationships;

                     (b)  the area in which the person is usually physically present overnight;

                     (c)  the area or areas in which the person's assets are located;

                     (d)  if the person has travelled outside the relevant Northern Territory areas:

                              (i)  the frequency of that travel; and

                             (ii)  the duration of that travel; and

                            (iii)  the reason for that travel;

                     (e)  the address of the place of residence of the person last known to the Secretary;

                      (f)  the postal address of the person last known to the Secretary;

                     (g)  whether the person has been physically present in any of the relevant Northern Territory areas on a temporary basis;

                     (h)  if the person has been physically present in any of the relevant Northern Territory areas on a temporary basis--the circumstances that resulted in the person being so physically present in the area concerned.

             (3)  A determination under subsection (1) is not a legislative instrument.

             (4)  The Minister may, by legislative instrument, determine that a specified person is an exempt Northern Territory person in relation to each relevant Northern Territory area for the purposes of this Part.

Note:   For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .

             (5)  Subsections (1) and (4) do not limit each other.

Specific relevant Northern Territory area

             (6)  The Secretary may, by written notice given to a person, determine that the person is an exempt Northern Territory person in relation to a specified relevant Northern Territory area for the purposes of this Part.

             (7)  In deciding whether to make a determination under subsection (6), the Secretary must have regard to the following matters:

                     (a)  the person's family and kinship relationships;

                     (b)  the area in which the person is usually physically present overnight;

                     (c)  the area or areas in which the person's assets are located;

                     (d)  if the person has travelled outside the relevant Northern Territory area:

                              (i)  the frequency of that travel; and

                             (ii)  the duration of that travel; and

                            (iii)  the reason for that travel;

                     (e)  the address of the place of residence of the person last known to the Secretary;

                      (f)  the postal address of the person last known to the Secretary;

                     (g)  whether the person has been physically present in the relevant Northern Territory area on a temporary basis;

                     (h)  if the person has been physically present in the relevant Northern Territory area on a temporary basis--the circumstances that resulted in the person being so physically present in that area.

             (8)  A determination under subsection (6) is not a legislative instrument.