Document ID: chunk:federal_register_of_legislation:C2004C01347:clause:1_731k
Version: federal_register_of_legislation:C2004C01347
Segment Type: clause
Provision Reference: sch 1 cl 731K
Character Range: 34336–35774

731K  Temporarily incapacitated person not required to satisfy activity test

 (1) A person to whom this Subdivision applies is not required to satisfy the activity test in respect of a period if:
 (a) throughout the period the person is incapacitated for work because of sickness or an accident; and
 (b) the incapacity is caused wholly, or virtually wholly, by a medical condition arising from the sickness or accident; and
 (c) the incapacity is, or is likely to be, of a temporary nature; and
 (d) the person has, whether before or after the commencement of this section, given the Secretary a certificate of a medical practitioner, in a form approved by the Secretary, stating:
 (i) the medical practitioner's diagnosis; and
 (ii) the medical practitioner's prognosis; and
 (iii) that the person is incapacitated for work; and
 (iv) the period for which the person is incapacitated for work; and
 (e) the Secretary is satisfied that the incapacity has not been brought about with a view to avoiding any requirement to satisfy the activity test.

 (2) In this section:

work, in relation to a person, means work (whether full‑time, part‑time, permanent or casual) that:
 (a) is of a kind that the person could, in the Secretary's opinion, be reasonably expected to do; and
 (b) is for at least 8 hours per week at award wages or above.

Subdivision AB—Special Benefit Activity Agreements for persons who are nominated visa holders