Document ID: chunk:federal_register_of_legislation:F2024C01212:reg:9
Version: federal_register_of_legislation:F2024C01212
Segment Type: reg
Provision Reference: reg 9
Character Range: 7654–10085

9  Prescribed reasons for failing to make pledge of commitment
 (1) For the purposes of subsection 25(3) of the Act, this section prescribes reasons for failing to make a pledge of commitment.
 (2) A person has a prescribed reason for failing to make a pledge of commitment if:
 (a) the person was prevented from making a pledge because the Minister has determined under subsection 26(3) of the Act that the person cannot make the pledge until the end of a specified period; and
 (b) either:
 (i) the determination is in force, and the specified period has not yet ended; or
 (ii) the determination has ceased to be in force or the specified period has ended, but the person has not yet had a reasonable period in which to make a pledge.
 (3) Subject to subsection (5), a person has a prescribed reason for failing to make a pledge of commitment if:
 (a) the person could not make a pledge, either in Australia or at an Australian mission overseas, because during the period referred to in paragraph 25(3)(a) of the Act the person was overseas:
 (i) for medical treatment that was not available in Australia; or
 (ii) for any purpose, and was unexpectedly hospitalised; or
 (iii) to care for a person who was critically ill; or
 (iv) for a funeral and other associated arrangements; and
 (b) either:
 (i) the person still cannot make a pledge for the reason mentioned in paragraph (a); or
 (ii) the person is now able to make a pledge, but the person has not yet had a reasonable period in which to do so.
 (4) Subject to subsection (5), a person has a prescribed reason for failing to make a pledge of commitment if:
 (a) the person could not make a pledge because of an administrative error or omission made by:
 (i) the Commonwealth, a State or a Territory; or
 (ii) an authority of the Commonwealth, a State or a Territory; or
 (iii) a local government authority; and
 (b) either:
 (i) the person still cannot make a pledge for the reason mentioned in paragraph (a); or
 (ii) the person is now able to make a pledge, but the person has not yet had a reasonable period in which to do so.
 (5) For the purposes of subsection (3) or (4), a person has a prescribed reason only if the person gives the Minister:
 (a) a signed statement to support the claim, including a description of any effort that the person made to make a pledge of commitment within the relevant period; and
 (b) written evidence that supports the statement.