Document ID: chunk:federal_register_of_legislation:C2024C00458:clause:5_124ne
Version: federal_register_of_legislation:C2024C00458
Segment Type: clause
Provision Reference: sch 5 cl 124NE
Character Range: 758438–759933

124NE  School attendance—condition of schooling requirement payments
 (1) A schooling requirement payment is not payable to a schooling requirement person if the person fails to comply with a compliance notice given to the person under section 124ND.
 (2) Subsection (1) does not apply to the person in relation to a compliance notice, as at a particular day, if the Secretary is satisfied that there are special circumstances applying as at that day, as determined in accordance with the schooling requirement determination (if any), that justify the failure to comply with the compliance notice.
 (3) Subsection (1) does not apply to the person in relation to a compliance notice, as at a particular day, if:
 (a) before that day, the person has been fined under a law of a State or Territory in relation to the failure of the person's child or children to attend school in that State or Territory; and
 (b) having regard to all the circumstances, the Secretary determines that subsection (1) should not apply to the person as at that day.
 (4) A schooling requirement payment cannot be suspended, or cancelled, because of the application of subsection (1) except as provided by section 124NF.
 (5) For a schooling requirement payment under the Veterans' Entitlements Act:
 (a) this section does not apply in relation to the grant of the payment; but
 (b) this section otherwise applies in relation to the payment.
 (6) A determination under paragraph (3)(b) is not a legislative instrument.