Document ID: chunk:federal_register_of_legislation:F2018L00779:reg:6
Version: federal_register_of_legislation:F2018L00779
Segment Type: reg
Provision Reference: reg 6
Character Range: 4411–6836

6  Matters not to be taken into account in deciding whether a person has a reasonable excuse
       (1)   Despite section 5, for subsection 42AI(3) of the Act, the matters set out in subsections (3) and (4) are matters the Secretary must not take into account in deciding whether the person has a reasonable excuse for committing a failure.
       (2)   Despite section 5, for subsection 42U(3) of the Act, the matter set out in subsection (3) is a matter the Secretary must not take into account in deciding whether the person has a reasonable excuse for committing a failure.
            Matter did not directly prevent person from meeting requirement
 (3) For the purposes of subsections (1) and (2), the matter is any matter if the Secretary is not satisfied that the matter directly prevented the person from meeting the requirement that was the subject of the failure at the relevant time that the failure occurred.
            Drug or alcohol misuse or dependency used for a previous failure
 (4) For the purposes of subsection (1), the matter is a drug or alcohol misuse or dependency of the person if:
 (a) the person previously committed a failure on or after 1 July 2018 (the previous failure);
 (b) due to a drug or alcohol misuse or dependency of the person:
 (i) the previous failure did not result in a demerit; or
 (ii) the Secretary decided that the person had a reasonable excuse for the previous failure;
 (c) as a result of the previous failure, the person was referred to treatment to address the drug or alcohol misuse or dependency; and
 (d) the person refused or failed to participate in the treatment;
               unless one of the following applies:
 (e) the treatment was not available or appropriate for the person;
 (f) the person was genuinely unable to participate in the treatment;
 (g) the person agreed to participate in the treatment but, despite taking all reasonable steps to commence the treatment, the treatment did not commence; or
 (h) before the person was referred to the treatment, the person had:
 (i) completed the same type of treatment as the treatment they were referred to; or
 (ii) completed treatment that was substantially similar to the treatment they were referred to;
and, in the opinion of an appropriately qualified medical professional, the person would not benefit from further treatment of the same kind as the type of treatment already completed by the person.