Document ID: chunk:federal_register_of_legislation:C2018A00026:clause:15_42ag
Version: federal_register_of_legislation:C2018A00026
Segment Type: clause
Provision Reference: sch 15 cl 42AG
Character Range: 252052–253526

42AG  Compliance action for work refusal failures

Usual rule
 (1) If a person commits a work refusal failure, the Secretary must determine that the person's participation payment is not payable to the person for a period (see section 42AL).

Special rule—no reasonable excuse
 (2) However, if the person does not satisfy the Secretary that the person has a reasonable excuse for the work refusal failure (see section 42AI), the Secretary must determine that the person's participation payment is cancelled (see section 42AP).
Note: Participation payments will not be payable to the person for the person's post‑cancellation non‑payment period (see subsection 42AP(5)).
 (3) A determination made under subsection (2) for a work refusal failure has effect despite any determination made under subsection (1) for the failure.

Action not to be taken—instalment already reduced to nil for instalment period when failure committed
 (4) Despite subsections (1) and (2), the Secretary must not take action under this section for a work refusal failure (the relevant failure) if:
 (a) the Secretary has previously determined under paragraph 42AF(2)(c) that the amount of an instalment of the person's participation payment for an instalment period is to be reduced; and
 (b) the instalment for the instalment period is reduced by the whole of the amount of the instalment (see paragraph 42AN(3)(b)); and
 (c) the person commits the relevant failure during that instalment period.