Document ID: chunk:federal_register_of_legislation:C2025C00162:section:542c:p1
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 542C (pt 1/3)
Character Range: 780961–783740

542C  Time limit for temporary incapacity exemptions—maximum exemption period

General
 (1) A person ceases to have a temporary incapacity exemption if the person's maximum exemption period ends.

Maximum exemption period
 (2) Subject to this section, a person's maximum exemption period is:
 (a) if the person has, whether before or after the commencement of this section, given the Secretary a medical certificate for the purpose of enabling the Secretary to decide whether the person was exempt from undertaking full‑time study—the lesser of the following periods:
 (i) the period stated in the certificate as the period for which the person would be incapacitated for study;
 (ii) the period of 13 weeks that started or starts on the first day of the period so stated in the certificate; or
 (b) otherwise—the period of 4 weeks that started or starts on the day determined by the Secretary to have been the day on which the person's incapacity for study began.

Extension where paragraph 542A(1)(d) certificate given
 (3) If:
 (a) a person has a temporary incapacity exemption; and
 (b) the person has, whether before or after the commencement of this section, given the Secretary a certificate of a medical practitioner that states the matters listed in paragraph 542A(1)(d) and is in accordance with the form approved under that paragraph; and
 (c) the Secretary is satisfied that the person's incapacity for study will continue after the end of the person's maximum exemption period;
the Secretary may extend the person's maximum exemption period by a period that is not more than the lesser of the following periods:
 (d) a period equal to the period stated in the certificate as the period for which the person would be incapacitated for study;
 (e) 13 weeks.

Extension where paragraph 542A(1)(d) certificate given after end of maximum exemption period
 (4) If:
 (a) a person had a temporary incapacity exemption; and
 (b) within 14 days after the end of the person's maximum exemption period, the person gives the Secretary a certificate of a medical practitioner that states the matters listed in paragraph 542A(1)(d) and is in accordance with the form approved under that paragraph; and
 (c) the Secretary is satisfied that the person's incapacity for study has continued after the end of the person's maximum exemption period and that the incapacity will continue;
the Secretary may extend the maximum exemption period by a period of not more than the lesser of the following periods:
 (d) a period equal to the period stated in the certificate as the period for which the person would be incapacitated for study;
 (e) 13 weeks.

Extension where other written evidence given
 (5) If:
 (a) a person has a temporary incapacity exemption; and
 (b) the person gives the