Document ID: chunk:federal_register_of_legislation:C2005C00734:clause:1a_14:p1
Version: federal_register_of_legislation:C2005C00734
Segment Type: clause
Provision Reference: sch 1A cl 14 (pt 1/2)
Character Range: 64006–66654

14  At the end of section 748
Add:

 (1A) If:
 (a) an activity test breach rate reduction period is applicable to a person because of an activity test breach other than:
 (i) a breach for failing to take reasonable steps to comply with a requirement of the Secretary to undertake particular paid work as set out in a notice under subsection 731A(7); or
 (ii) a breach of subsection 731C(1), of section 743, 744 or 745 or of paragraph 745A(1)(a); or
 (iii) a breach of paragraph 745A(1)(b) where the Secretary is satisfied that the person has acted with an intention of obtaining a social security advantage; or
 (iv) a breach because of a failure to take reasonable steps to comply with a job search requirement of a Special Benefit Activity Agreement as described in subsection (1C); and
 (b) the activity test breach is the first activity test breach of any kind that is applicable to the person in the period of 2 years ending immediately before the day after the activity test breach; and
 (c) the Secretary notifies the person, either orally or in writing, of an activity or activities that, if undertaken by the person, would satisfy the Secretary that the activity test breach rate reduction period should be modified in accordance with this subsection; and
 (d) at the earliest opportunity available to the person but in no case later than 8 weeks after the start of the activity test breach rate reduction period applicable to the person, the person undertakes the activity or each of the activities;
the activity test breach rate reduction period applicable to the person is 8 weeks rather than 26 weeks.

 (1B) For the purposes of subparagraph (1A)(a)(iii), a person has an intention of obtaining a social security advantage if the person has an intention of:
 (a) obtaining, or enabling the person to obtain, a social security payment that the person would not otherwise obtain; or
 (b) obtaining, or enabling the person to obtain, a social security payment at a higher rate than that which would otherwise be payable; or
 (c) ensuring that the person would be qualified for fringe benefits for the purposes of this Act or the Veterans' Entitlements Act.

 (1C) For the purposes of subparagraph (1A)(a)(iv), a job search requirement of a Special Benefit Activity Agreement is a requirement that the person to whom the Agreement relates:
 (a) undertake a certain number of job searches per fortnight; and
 (b) keep a record of the person's job searches in a document referred to in the agreement as a job seeker diary; and
 (c) return the job seeker diary to the Department at the end of the period specified in the Agreement.

 (1D) If: