Document ID: chunk:federal_register_of_legislation:F2019L01288:reg:6
Version: federal_register_of_legislation:F2019L01288
Segment Type: reg
Provision Reference: reg 6
Character Range: 2018–3413

6  Declaration continuing payment during a compliance penalty period
 (1) If a person in receipt of a participation payment:
 (a) is subject to an adverse decision that results in the application of a compliance penalty period under subsection 42P(1) or 42S(1) of the Act; and
 (b) applies for review of the adverse decision under section 129 or 142 of the Act; and
 (c) the compliance penalty period has not ended before the person applies for review;
  the Secretary may declare, under section 131 or 145 of the Act, that:
 (d) the participation payment is payable to the person from the date that the compliance penalty period commenced or is to commence; and
 (e) the participation payment is to continue to be payable to the person pending the determination of the review, as if the adverse decision had not been made.

               Note 1 A declaration under section 131 or 145 takes effect on the day it is made or an earlier day (if any) specified in the declaration: see paragraphs 131(5)(a) and 145(4)(a) of the Act.

               Note 2 A declaration under section 131 or 145 ceases to have effect: on the day the application for review is withdrawn or dismissed; when the declaration is revoked by the Secretary; or 13 weeks after a decision reviewing the adverse decision is made (or an earlier day specified by the Secretary). See paragraphs 131(5)(b) and 145(4)(b) of the Act.