Document ID: chunk:federal_register_of_legislation:C2004C01347:clause:1_731a:p1
Version: federal_register_of_legislation:C2004C01347
Segment Type: clause
Provision Reference: sch 1 cl 731A (pt 1/3)
Character Range: 13831–16531

731A  Activity test

 (1) Subject to subsection (2), a person to whom this Subdivision applies satisfies the activity test in respect of a period, whether it is the period of the grant of special benefit or a period within that period, if the person satisfies the Secretary that, throughout the period, the person is:
 (a) actively seeking; and
 (b) willing to undertake;
paid work in Australia other than unsuitable paid work within the meaning of section 731B.

 (2) The Secretary may notify a person to whom this Subdivision applies (other than a person who is not required to satisfy the activity test) who is receiving special benefit that the person must take reasonable steps to apply for a particular number of advertised job vacancies in the period specified in the notice.

 (3) If the person refuses or fails to comply with a notice issued under subsection (2), the person fails to satisfy the activity test in respect of the period specified in the notice.

 (4) The person must give the Secretary a written statement from each employer whose job vacancy the person applied for that confirms that the person applied for that job vacancy.

 (5) The statement from the employer must be in a form approved by the Secretary.

 (6) Subsection (4) does not apply to the person if the Secretary is satisfied that there are special circumstances in which it is not reasonable to expect the person to give the statement referred to in that subsection.

 (7) A person to whom this Subdivision applies also satisfies the activity test in respect of a period, whether it is the period of the grant of special benefit or a period within that period, if:
 (a) the Secretary is of the opinion that, throughout the period, the person:
 (i) should undertake particular paid work other than unsuitable paid work within the meaning of section 731B; or
 (ii) should participate in an approved program of work for unemployment payment; or
 (iii) should undertake a course of vocational or language training or another course, being a course approved by the Secretary as a course likely to improve the person's prospects for obtaining, or assist the person in seeking, suitable paid work; or
 (iv) if the person lives in an area where there is no locally accessible labour market and no locally accessible vocational training course—should participate in an activity suggested by the person and approved by the Secretary; and
 (b) the Secretary notifies the person that the person is required to act in accordance with the opinion; and
 (c) the person takes reasonable steps to comply, throughout the period, with the Secretary's requirement.

 (8) For the purposes of paragraph (7)(b), the Secretary must not