Document ID: chunk:federal_register_of_legislation:C2004C01347:clause:1_744
Version: federal_register_of_legislation:C2004C01347
Segment Type: clause
Provision Reference: sch 1 cl 744
Character Range: 46112–46881

744  Unemployment due to misconduct

  If:
 (a) the Secretary is satisfied that a person who is a nominated visa holder is unable to earn a sufficient livelihood for the person and the person's dependants (if any) because the person is unemployed; and
 (b) the person's unemployment is due to the person's misconduct as a worker (the misconduct);
then:
 (c) if the misconduct is the person's first or second activity test breach in the 2 years immediately before the day after the misconduct—an activity test breach rate reduction period applies to the person; or
 (d) if the misconduct is the person's third or subsequent activity test breach in the 2 years immediately before the day after the misconduct—an activity test non‑payment period applies to the person.