Document ID: chunk:federal_register_of_legislation:C2004A04850:body:0:p14
Version: federal_register_of_legislation:C2004A04850
Segment Type: other
Provision Reference: 
Character Range: 34420–37252

provision has commenced under section 547B or 547C; and

    (b) those sections do not prevent a job search allowance ceasing to be payable in circumstances that do not involve the application of an automatic deferment provision of this Subdivision.

    Note: For 'administrative breach deferment period' and 'automatic deferment provision' see subsection 23(1).".

Repeal of section and substitution of new sections

35. Section 630B of the Principal Act is repealed and the following sections are substituted:

Commencement of activity test deferment periods

"630B.(1) Subject to subsection 630BA(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 630BA and 630BB, the activity test deferment period commences on the day on which the notice is given to the person.

"(3) Subject to sections 630BA and 630BB, 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 determent 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 630BA and 630BB. if:

    (a) on or before the day on which the period referred to in subsection (1) would (apart from this subsection) have commenced, newstart 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 newstart 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 newstart allowance

"630BA.(1) Subject to subsection (2) of this section and section 630BB, if:

    (a) at a time when the person was not qualified for a newstart allowance, an event occurred