Document ID: chunk:federal_register_of_legislation:C2007C00215:clause:6_4
Version: federal_register_of_legislation:C2007C00215
Segment Type: clause
Provision Reference: sch 6 cl 4
Character Range: 156242–157207

4  Transitional provision relating to repeated breaches

(1) The reference in subsection 577(1) of the Social Security Act 1991 as amended by this Act to austudy participation failures committed by a person during the period of 12 months preceding an austudy participation failure includes a reference to any activity test failures committed by the person:
 (a) during that period of 12 months; and
 (b) before the commencement of this item.

(2) In this item:
activity test failure means any activity test breach (within the meaning of section 576A of the Social Security Act 1991) that:
 (a) was constituted by a failure of a kind referred to in paragraph 576A(1)(a) of that Act; and
 (b) was committed by the person as a result of which an activity test penalty period applied to the person, before the commencement of this item, under:
 (i) Subdivision E of Division 2 of Part 2.11A of that Act; or
 (ii) Subdivision B of Division 5 of Part 2.11A of that Act.