Document ID: chunk:federal_register_of_legislation:C2007C00215:clause:7_82
Version: federal_register_of_legislation:C2007C00215
Segment Type: clause
Provision Reference: sch 7 cl 82
Character Range: 208888–210182

82  Saving provision relating to activity test breach rate reductions

(1) If:
 (a) as a result of an activity test breach committed by the person before the commencement of this item, an activity test breach rate reduction period applied to the person under Subdivision F of Division 1 of Part 2.12 of the Social Security Act 1991; and
 (b) on that commencement, the activity test breach rate reduction period had not ended;
Subdivision AA of Division 4 of Part 2.12 of the Social Security Act 1991 continues to apply to the activity test breach rate reduction period after that commencement as if it had not been repealed by this Act.

(2) The fact that an activity test breach rate reduction period is applying to the person because of this item does not prevent the application to the person, at the same time, of a period during which newstart allowance is not payable because of Subdivision F or FA of Division 1 of Part 2.12 of the Social Security Act 1991 as amended by this Act.

(3) In this item:
activity test breach means any failure, voluntary act or misconduct committed by the person as a result of which an activity test penalty period applied to the person, before the commencement of this item, under Subdivision F of Division 1 of Part 2.12 of the Social Security Act 1991.