Document ID: chunk:federal_register_of_legislation:C2024C00458:section:42t
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 42T
Character Range: 191611–193754

42T  Legislative instrument determining method for working out penalty amount
 (1) The Minister must, by legislative instrument, determine a method for working out a person's penalty amount for a no show no pay failure, a reconnection failure or a non‑attendance failure.
 (2) The method determined for a no show no pay failure that a person commits on a day must not provide for a penalty amount for the person that is more than the following:

 (3) The method determined for a reconnection failure that a person commits must not provide for a penalty amount in respect of a day in the reconnection failure period that is more than the following:

 (3A) The method determined for a non‑attendance failure that a person commits must not provide for a penalty amount, in respect of a day in the non‑attendance failure penalty period, that is more than the following:
Note: Any amount withheld under subsection 42SA(2A) for days in the instalment period remains an amount payable to the person for the instalment period.
 (3B) For the purposes of subsection (3A), the non‑attendance failure penalty period is the period:
 (a) beginning on the day the person is notified by the Secretary of the determination under subsection 42SA(1); and
 (b) ending on the day the period under subsection 42SA(2) ends.
 (4) In addition, the method determined for a no show no pay failure or a reconnection failure must relate to:
 (a) for a person's no show no pay failure—the amount of the participation payment paid to the person on the day on which the person commits the no show no pay failure; or
 (b) for a person's reconnection failure—the amount of the participation payment paid to the person during the reconnection failure period.
 (5) The method determined by the Minister for working out a person's penalty amount must not affect any rent assistance, pharmaceutical allowance or youth disability supplement payable to the person.
 (6) The method determined may provide for a penalty amount that is nil.
 (7) The legislative instrument may also deal with the amount of a penalty amount to be deducted from an instalment of a participation payment.