Document ID: chunk:federal_register_of_legislation:C2005C00734:clause:1_21a
Version: federal_register_of_legislation:C2005C00734
Segment Type: clause
Provision Reference: sch 1 cl 21A
Character Range: 36832–37826

21A  Subsection 544B(4)
Repeal the subsection, substitute:

 (4) In having regard to a person's capacity to comply with an agreement, the Secretary is to take into account, but is not limited to the following matters:
 (a) the person's education, experience, skills, age, disability, illness, mental and physical condition; and
 (b) the state of the local labour market and the transport options available to the person in accessing that market; and
 (c) the participation opportunities available to the person; and
 (d) the family and caring responsibilities of the person; and
 (e) the length of travel time required for compliance with the agreement, by reference to what constitutes unreasonably difficult commuting for the purposes of paragraph 541D(1)(g); and
 (f) the financial costs of compliance with the agreement, such as travel costs, and the capacity to pay for such compliance; and
 (g) any other matters that the Secretary or the person considers relevant in the circumstances.