Document ID: chunk:federal_register_of_legislation:C2021C00314:clause:4_14:p3
Version: federal_register_of_legislation:C2021C00314
Segment Type: clause
Provision Reference: sch 4 cl 14 (pt 3/3)
Character Range: 31545–33801

or a family member of the person;
 (b) a serious illness of the person or a family member of the person;
 (c) the hospitalisation of the person or a family member of the person;
 (d) the death of a family member of the person;
 (e) the person's involvement in custody proceedings in Australia;
 (f) a legal requirement for the person to remain in Australia in connection with criminal proceedings (other than criminal proceedings in respect of a crime alleged to have been committed by the person);
 (g) robbery or serious crime committed against the person or a family member of the person;
 (h) a natural disaster in Australia;
 (i) a public health crisis affecting Australia or the country to which the person intends to return to or both.
(10) The Secretary must not make a determination under subitem (8) unless the event occurred or began during the period of return to Australia.
(11) If the Secretary determines another number (the new number) of weeks under subitem (8), then, immediately after that determination is made, a reference to a number of weeks in paragraph (3)(d) or (4)(d), and each reference to a number of weeks in subitem (8), is taken to be a reference to that new number.
(12) Subitems (8) to (10) apply in relation to the following:
 (a) a period of return to Australia starting on or after the commencement of those subitems;
 (b) a period of return to Australia starting before that commencement, where the person is in Australia immediately before that commencement and where:
 (i) the 26 weeks mentioned in paragraph (3)(d) or (4)(d) of this item had not ended immediately before that commencement; or
 (ii) under subsection 1221A(1) of the Social Security Act 1991, as in force before 1 July 2021, the Secretary had determined another number of weeks with the result that the period referred to in paragraph (3)(d) or (4)(d) of this item ended at the end of 30 June 2021.
(13) If subitems (8) to (10) apply in relation to a period of return because of the operation of subparagraph (12)(b)(ii) of this item, then, at the commencement of this subitem, a reference to 26 weeks in paragraph (3)(d) or (4)(d) of this item, and each reference to 26 weeks in subitem (8), is taken to be a reference to that other number of weeks.