Document ID: chunk:federal_register_of_legislation:C2023C00380:clause:1_569
Version: federal_register_of_legislation:C2023C00380
Segment Type: clause
Provision Reference: sch 1 cl 569
Character Range: 10316–11813

569  Activity test

General
 (1) Subject to subsection (2), a person satisfies the activity test in respect of a period if the person satisfies the Secretary that, throughout the period, the person is undertaking qualifying study (see section 569A).

Persons who do not satisfy the activity test
 (2) A person cannot be taken to satisfy the activity test if the person:
 (a) is employed on a full‑time basis as an apprentice or trainee under an industrial instrument and has a training agreement (however described) with a training authority (by whatever name called) of a State or Territory; or
 (b) has completed a course for:
 (i) a degree of Master or Doctor at an educational institution; or
 (ii) a qualification at a foreign institution that is, in the Secretary's opinion, of the same standing as a degree of Master or Doctor at an educational institution.
Note: For educational institution see subsection 23(1).

Industrial instrument
 (3) In paragraph (2)(a):
industrial instrument means an award or agreement (however described) that:
 (a) is made under or recognised by a law of the Commonwealth or of a State or Territory that:
 (i) regulates the relationships between employers and employees; or
 (ii) provides for the prevention or settlement of disputes between employers and employees; and
 (b) concerns the relationship between an employer and the employer's employees, or provides for the prevention or settlement of a dispute between an employer and the employer's employees.