Document ID: chunk:federal_register_of_legislation:C2024C00458:section:42u
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 42U
Character Range: 193754–194999

42U  Legislative instruments relating to reasonable excuse

Matters to be taken into account
 (1) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether a person has a reasonable excuse for committing:
 (a) a no show no pay failure (see paragraph 42C(4)(a)); or
 (b) a connection failure (see paragraph 42E(4)(a)); or
 (c) a reconnection failure (see paragraph 42H(3)(a)); or
 (d) a serious failure (see paragraph 42N(2)(a)); or
 (e) a non‑attendance failure (see subsection 42SC(2)).
 (2) To avoid doubt, a determination under subsection (1) does not limit the matters that the Secretary may take into account in deciding whether the person has a reasonable excuse.

Matters not to be taken into account
 (3) The Secretary may, by legislative instrument, determine matters that the Secretary must not take into account in deciding whether a person has a reasonable excuse for committing:
 (a) a no show no pay failure (see paragraph 42C(4)(a)); or
 (b) a connection failure (see paragraph 42E(4)(a)); or
 (c) a reconnection failure (see paragraph 42H(3)(a)); or
 (d) a serious failure (see paragraph 42N(2)(a)); or
 (e) a non‑attendance failure (see subsection 42SC(2)).