Document ID: chunk:federal_register_of_legislation:C2025C00129:section:40
Version: federal_register_of_legislation:C2025C00129
Segment Type: section
Provision Reference: s 40
Character Range: 142886–143977

40  Effect of temporary absence on plans
 (1) A participant for whom a plan is in effect may be temporarily absent from Australia for the grace period for the absence without affecting the participant's plan.
 (2) The grace period for a temporary absence of a participant is:
 (a) 6 weeks beginning when the participant leaves Australia; or
 (b) if the CEO is satisfied that it is appropriate for the grace period to be longer than 6 weeks—such longer period as the CEO decides, having regard to any matters and applying any criteria prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph.
 (3) If a participant for whom a plan is in effect is temporarily absent from Australia after the end of the grace period for the absence, the participant's plan is suspended from the end of the grace period until the participant returns to Australia.
 (4) For the purposes of this section, a person's absence from Australia is temporary if, throughout the absence, the person does not cease to reside in Australia (within the meaning of paragraph 23(1)(a)).