Document ID: chunk:federal_register_of_legislation:F2015L00800:body:0:p2
Version: federal_register_of_legislation:F2015L00800
Segment Type: other
Provision Reference: 
Character Range: 2831–3715

failures.
 (d) the extent to which the person has otherwise complied with his or her obligations in relation to a participation payment during the assessment period.
Note 1   The Secretary must not take into account failures that are outside the person's control, and may only take into account failures that occurred intentionally, recklessly or negligently: subsection 42M (2) of the Act.
Note 2   The matters in subsection (1) are not exhaustive. The Secretary may take other matters into account in determining whether a person persistently failed to comply with his or her obligations: subsection 42M (6) of the Act.
 (2) However, subsection (1) does not require the Secretary to take into account a matter if, in the particular case, the matter is not relevant to whether a person persistently failed to comply with his or her obligations in relation to a participation payment.