Section 36A — Social Security Act 1991: Part 2.23B major disaster

(1) The Minister may determine in writing that an event is a Part 2.23B major disaster if the Minister is satisfied that: (a) the event is a disaster that has such a significant impact on one or more industries and/or one or more areas that a government response in the form of income support is required; and (b) either: (i) the event is of national significance; or (ii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—the event is an emergency to which the declaration relates. (1A) In deciding whether to make a determination under subparagraph (1)(b)(ii), the Minister may have regard to the matters in paragraph (1)(a) and subparagraph (1)(b)(i). (2) Without limiting the matters to which the Minister may have regard for the purposes of subsection (1), the Minister must have regard to: (a) unless subparagraph (1)(b)(ii) applies—the extent to which the nature or extent of the disaster is unusual; and (b) the number of workplaces that are disrupted. (3) The event may be one that occurs naturally or otherwise. (4) The event must be one that occurs in Australia. (5) In a determination made under this section, the Minister must do one of the following: (a) specify one or more industries affected by the event and one or more areas affected by the event; (b) specify one or more areas affected by the event. (6) A determination made under this section is not a legislative instrument.