Document ID: chunk:federal_register_of_legislation:C2005C00734:clause:1_500zc
Version: federal_register_of_legislation:C2005C00734
Segment Type: clause
Provision Reference: sch 1 cl 500ZC
Character Range: 10075–11874

500ZC  Length of participation agreement breach non‑payment period

Basic rule

 (1) Subject to subsections (2) and (3), the length of a participation agreement breach non‑payment period is 8 weeks.

Pre‑existing non‑payment period

 (2) If, at the time of the commencement of a participation agreement breach non‑payment period, the person is already subject to a participation agreement breach non‑payment period (pre‑existing non‑payment period), the pre‑existing non‑payment period is taken to end immediately before the commencement of the participation agreement breach non‑payment period.

Effect on non‑payment period of complying with terms of agreement within 13 weeks

 (3) If:
 (a) a participation agreement breach non‑payment period applies to a person (or would apply to a person apart from this subsection); and
 (b) not more than 13 weeks after the start of the period, the person takes reasonable steps to comply, or resume compliance, with the terms of:
 (i) a participation agreement that is in force in respect of the person; or
 (ii) if there is no participation agreement in force in respect of the person—the participation agreement that was in force in respect of the person immediately before the commencement of the non‑payment period;
this Subdivision has effect, for the purpose only of determining the payability of parenting payment in relation to the person:
 (c) as if the non‑payment period had never started; and
 (d) if a prior breach penalty period had started not more than 13 weeks before the person took those reasonable steps—as if that prior breach penalty period had also never started.

 (4) In subsection (3):

breach penalty period means a participation agreement breach rate reduction period or a participation agreement breach non‑payment period.