Social Security Act 1991

The Secretary may, by legislative instrument, declare particular programs of work to be approved programs of work for income support payment.

The Secretary must not declare a particular program of work to be an approved program of work for income support payment if persons participating in the program would be required to work:

if the persons are under 21 and subsection (4) does not apply to them—more than 24 hours in each fortnight of their respective participation in the program; and

if the persons are not under 21 and subsection (4) does not apply to them—more than 30 hours for each fortnight of their respective participation in the program; and

if subsection (4) applies to the persons—more than 50 hours for each fortnight of their respective participation in the program.

For the purposes of subsection (2), each fortnight of participation in the program is a fortnight in respect of which the person receives a social security payment.

This subsection applies to a person if:

the person is under 60; and

the Secretary determines that the person is a person to whom this subsection applies.

The Secretary may determine either one or both of the following by legislative instrument:

matters that the Secretary is to take into account in making a determination under paragraph (4)(b);

matters that the Secretary is not to take into account in making a determination under paragraph (4)(b).

A determination under subsection (5) does not, to the extent that it is a determination under paragraph (5)(a), limit the matters that the Secretary may take into account in making a determination under paragraph (4)(b).