Document ID: chunk:federal_register_of_legislation:C2009A00007:clause:1_42h
Version: federal_register_of_legislation:C2009A00007
Segment Type: clause
Provision Reference: sch 1 cl 42H
Character Range: 13585–15704

42H  Reconnection failures

 (1) The Secretary may determine that a person commits a reconnection failure if:
 (a) the person is required to comply with:
 (i) a reconnection requirement; or
 (ii) a further reconnection requirement; and
 (b) the person fails to comply with the requirement.

Note: A further reconnection requirement may be imposed, and a penalty amount is deducted from the person's participation payment, for a reconnection failure (see sections 42J and 42L).

 (2) The Secretary may determine that a person commits 2 or more reconnection failures on a day.

Limitation on determining reconnection failures

 (3) Despite subsection (1), the Secretary must not determine that a person commits a reconnection failure if the person satisfies the Secretary that the person has a reasonable excuse for the failure.

Note: The Secretary must take certain matters into account for the purposes of subsection (3) (see section 42U).

Reconnection failure period

 (4) If the Secretary determines that a person commits a reconnection failure, the person commits the failure during the period (the reconnection failure period) that:
 (a) begins on the day the person commits the failure; and
 (b) ends on:
 (i) the day before the person complies with any further reconnection requirement imposed on the person in relation to the reconnection failure; or
 (ii) if the person fails to comply with a further reconnection requirement imposed on the person in relation to the reconnection failure, and the person satisfies the Secretary that the person has a reasonable excuse for the failure—the day before the person fails to comply with the requirement.

Determining an instalment period

 (5) The Secretary must include in a determination under this section the instalment period in which a penalty amount (see section 42T) for the reconnection failure is to be deducted from the person's instalment of a participation payment, provided that the penalty amount may not be deducted until at least the instalment after the first instalment made following notification to the person of the reconnection failure.