Document ID: chunk:federal_register_of_legislation:C2025C00162:clause:1a_1209u
Version: federal_register_of_legislation:C2025C00162
Segment Type: clause
Provision Reference: sch 1A cl 1209U
Character Range: 2648475–2650022

1209U  Waiver of contravention of this Division
 (1) A contravention of a requirement of this Division concerning a particular matter, in relation to a trust that would be a special disability trust if it were not for the contravention, does not prevent the trust being a special disability trust if:
 (a) the Secretary, by written notice (a waiver notice) to the trustees, waives the requirement as it concerns that matter; and
 (b) in a case where the waiver notice requires the trustees to comply with any conditions relating to the matter—the trustees comply with those conditions within the time or times (if any) stated in the waiver notice.
 (2) A waiver notice has effect, subject to any conditions mentioned in paragraph (1)(b):
 (a) from:
 (i) the time of the contravention; or
 (ii) if the waiver notice states a time for the start of its period of effect that is after the time of the contravention—the stated time; and
 (b) if the waiver notice states a time for the end of its period of effect—until the stated time.
 (3) If guidelines are made under subsection (4), a decision in relation to giving a waiver notice to the trustees of the trust must be made in accordance with the guidelines.
 (4) The Secretary may, by legislative instrument, make guidelines for deciding any or all of the following:
 (a) whether or not to give waiver notices to trustees of trusts;
 (b) what conditions to include in waiver notices;
 (c) the periods during which waiver notices are to have effect.

Division 2—Income of special disability trusts