Document ID: chunk:federal_register_of_legislation:C2007C00215:clause:7_624:p2
Version: federal_register_of_legislation:C2007C00215
Segment Type: clause
Provision Reference: sch 7 cl 624 (pt 2/2)
Character Range: 195972–197412

whether, for the purposes of subsection (2), a person had a reasonable excuse for committing the newstart participation failure referred to in subsection (1).

 (3) Despite subsection (1), if a failure of a kind referred to in that subsection occurs in an instalment period of the person in which the person has already committed a newstart participation failure, the failure is not a newstart participation failure if:
 (a) the instalment period is the person's first instalment period for newstart allowance; or
 (b) the instalment period is not the person's first instalment period for newstart allowance, and:
 (i) the person did not commit a newstart participation failure in the immediately preceding instalment period of the person; or
 (ii) in respect of each newstart participation failure that the person committed in the immediately preceding instalment period of the person, the person acted in accordance with a requirement of the Secretary notified in respect of that failure.

 (4) Despite subsection (1), a failure of a kind referred to in that subsection is not a newstart participation failure if it results in newstart allowance not being payable to the person under section 615.

 (5) Paragraph (1)(f) does not apply to a failure if:
 (a) the person is under 60; and
 (b) a determination under paragraph 28(4)(b) is in force in relation to the person.

 (6) Paragraph (1)(j) does not limit the scope of paragraph (1)(d).