(1) If the Secretary is satisfied that:
(a) one of the following provides paid employment for disabled persons at certain premises:
(i) an entity registered under the Australian Charities and Not-for-profits Commission Act 2012 ;
(ii) a not-for-profit entity that is not an ACNC type of entity; and
(b) at least 50% of the persons employed at the premises are disabled persons;
the Secretary may determine that the paid employment provided at the premises by the organisation is sheltered employment.
Note: Sheltered employment is relevant to the definition of gainful employment in section 19.
(2) For the purposes of subsection (1), a disabled person is a person:
(a) who is:
(i) permanently incapacitated for work; and
(ii) the degree of the incapacity for work is 85% or more; and
(iii) 50% or more of the incapacity for work is directly caused by a physical or mental impairment; or
(b) who, in the Secretary's opinion, would satisfy paragraph (a) if the person were no longer engaged in paid employment.