Document ID: chunk:federal_register_of_legislation:F2022L00536:clause:1_6
Version: federal_register_of_legislation:F2022L00536
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 5964–6594

6  Subsection 6(4)
Repeal the subsection (not including the heading), substitute:
 (4) Despite subsection (2), if:
 (a) the person previously received a participation payment; and
 (b) that payment was cancelled under paragraph 42AF(2)(d) of the Act; and
 (c) the relevant failure is the first mutual obligation failure where the person does not have a reasonable excuse in the 3 active months since that cancellation;
then, for the purposes of subsection 42AN(4) of the Act, the Secretary must determine that paragraph 42AN(3)(a) of the Act applies in relation to the reduction referred to in paragraph (2)(a) of this instrument.