Document ID: chunk:federal_register_of_legislation:C2004C01347:clause:1_740
Version: federal_register_of_legislation:C2004C01347
Segment Type: clause
Provision Reference: sch 1 cl 740
Character Range: 42534–43271

740  Activity test penalties for failure to satisfy activity test

 (1) If a person who is a nominated visa holder fails to satisfy the activity test (the failure), special benefit is not payable to the person.

 (2) If special benefit becomes payable to the person after the time it ceases to be payable under subsection (1), then:
 (a) if the failure is the person's first or second activity test breach in the 2 years immediately before the day after the failure—an activity test breach rate reduction period applies to the person; or
 (b) if the failure is the person's third or subsequent activity test breach in the 2 years immediately before the day after the failure—an activity test non‑payment period applies to the person.