Document ID: chunk:federal_register_of_legislation:C2004C01347:clause:1_731d
Version: federal_register_of_legislation:C2004C01347
Segment Type: clause
Provision Reference: sch 1 cl 731D
Character Range: 24339–25369

731D  Persons in certain areas can be taken to comply with activity test

  If the Secretary considers that:
 (a) it would be reasonable to assume that:
 (i) a person to whom this Subdivision applies is present in an area described in subparagraph 731A(7)(a)(iv) at the end of a period; and
 (ii) throughout the period, the person is capable of undertaking, and willing to undertake, paid work that in the Secretary's opinion is suitable to be undertaken by the person; and
 (b) having regard to all the relevant factors, including:
 (i) the location of offices of the Department; and
 (ii) difficulties with transport and communication; and
 (iii) the educational and cultural background of the person;
  it would be unreasonable to expect the person to comply with the activity test in order to be qualified for special benefit for that period;
then, unless the person has been notified of a requirement under subsection 731A(7) in relation to the period, the person is taken to satisfy the activity test during that period.