Document ID: chunk:federal_register_of_legislation:C2009A00007:clause:1_42t
Version: federal_register_of_legislation:C2009A00007
Segment Type: clause
Provision Reference: sch 1 cl 42T
Character Range: 27195–28767

42T  Legislative instrument determining method for working out penalty amount

 (1) The Minister must, by legislative instrument, determine a method for working out a person's penalty amount for a no show no pay failure or a reconnection failure.

 (2) The method determined for a no show no pay failure that a person commits on a day must not provide for a penalty amount for the person that is more than the following:

 (3) The method determined for a reconnection failure that a person commits must not provide for a penalty amount for the person that is more than the total of the daily rates of the participation payment payable to the person during the reconnection failure period (before deducting a penalty amount).

 (4) In addition, the method determined for a no show no pay failure or a reconnection failure must relate to:
 (a) for a person's no show no pay failure—the amount of the participation payment paid to the person on the day on which the person commits the no show no pay failure; or
 (b) for a person's reconnection failure—the amount of the participation payment paid to the person during the reconnection failure period.

 (5) The method determined by the Minister for working out a person's penalty amount must not affect any rent assistance, pharmaceutical allowance or youth disability supplement payable to the person.

 (6) The method determined may provide for a penalty amount that is nil.

 (7) The legislative instrument may also deal with the amount of a penalty amount to be deducted from an instalment of a participation payment.