Document ID: chunk:federal_register_of_legislation:C2004A04850:body:0:p10
Version: federal_register_of_legislation:C2004A04850
Segment Type: other
Provision Reference: 
Character Range: 24256–27041

section is modified for participants in the case management system by section 45 of the Employment Services Act 1994.".

Division 4 — Deferment periods for job search allowance and newstart allowance

Object of Division

32. The object of this Division is to make amendments of the Principal Act relating to deferment periods for job search allowance and newstart allowance.

Repeal of section and substitution of new sections

33. Section 546B of the Principal Act is repealed and the following sections are substituted:

Commencement of activity test deferment periods

"546B.(1) Subject to subsection 546BA(2), if an automatic deferment provision of this Subdivision applies to a person, the Secretary must give to the person a written notice informing the person of the commencement of the activity test deferment period applicable to the person.

"(2) Subject to subsections (3) and (6) of this section and sections 546BA and 546BB, the activity test deferment period commences on the day on which the notice is given to the person.

"(3) Subject to sections 546BA and 546BB, if, at the time of the application of the automatic deferment provision, the person is already subject to a deferment period (the 'pre-existing deferment period') that has not yet ended, the activity test deferment period referred to in subsection (1) commences on the day after the day on which the pre-existing deferment period ends.

"(4) If, at the time of the application of the automatic deferment provision, the person is already subject to more than one pre-existing deferment period that has not yet ended, the reference in subsection (3) to the day on which the pre-existing deferment period ends is a reference to the day on which the last occurring of those pre-existing deferment periods ends.

"(5) Subsections (3) and (4) apply in respect of a pre-existing deferment period whether or not it has commenced, and whether or not it is the subject of a notice under this section.

"(6) Subject to sections 546BA and 546BB, if:

    (a) on or before the day on which the period referred to in subsection (1) would (apart from this subsection) have commenced, job search allowance ceases to be payable to the person; and

    (b) it has not ceased to be payable because of the application of a deferment period;

the activity test deferment period referred to in subsection (1) commences on the day on which the job search allowance ceases to be payable to the person.

    Note: For 'activity test deferment period', 'automatic deferment provision' and 'deferment period' see subsection 23(1).

Application of activity test deferment periods before claims for job search allowance

"546BA.(1) Subject to subsection (2) of this section and section 546BB, if:

    (a) at a time when the person