1.1.P.74 Payment nominee
This definition applies to all FA payments.
A payment nominee is a person (1.1.P.80), other than the individual in receipt of FA, who may be appointed to receive the whole or part of the individual's FA payment. This arrangement is made under the direction of the Secretary, and under normal circumstances, with the written consent of the person to be appointed and after taking into consideration the wishes (if any) of the individual regarding the making of such an appointment.
A payment nominee may also be appointed for an individual if the Attorney-General gives the Minister a security notice relating to the individual following:
- the cancellation of a visa by the Immigration Minister, or
- the cancellation of an Australian passport or the refusal to issue an Australian passport by the Foreign Affairs Minister.
Where a security notice is issued, FA payments may be directed to be paid to a payment nominee appointed by the Secretary. In those circumstances, the payment nominee must use the payments in accordance with a written direction of the Secretary. In appointing a payment nominee, the Secretary is not required to take into account the wishes of the individual whose payments are to be redirected. The nominee must adhere to all legislative requirements of payment nominees (126.96.36.199), as modified by the FAAct section 57GI.