Document ID: chunk:federal_register_of_legislation:C2005C00734:clause:1a_6
Version: federal_register_of_legislation:C2005C00734
Segment Type: clause
Provision Reference: sch 1A cl 6
Character Range: 58684–60774

6  At the end of section 644B
Add:

 (1A) If:
 (a) an administrative breach rate reduction period is applicable to a person because the person has refused or failed, without reasonable excuse, to comply with a requirement made of the person under section 63, 64, 67, 68, 75 or 192 of the Administration Act; and
 (b) the refusal or failure is the first refusal or failure in the period of 2 years ending immediately before the day after the refusal or failure; and
 (c) the Secretary notifies the person, either orally or in writing, of an activity or activities that, if undertaken by the person, would satisfy the Secretary that the administrative breach rate reduction period should be modified in accordance with this subsection; and
 (d) at the earliest opportunity available to the person but in no case later than 8 weeks after the start of the administrative breach rate reduction period applicable to the person, the person undertakes the activity or each of the activities;
the administrative breach rate reduction period applicable to the person is 8 weeks rather than 13 weeks.

 (1B) If:
 (a) under paragraph (1A)(c), the Secretary has notified a person of an activity or activities; and
 (b) the person has not:
 (i) undertaken the activity or any one or more of the activities referred to in paragraph (a); or
 (ii) if another activity or other activities is notified to the person in substitution for the activity or activities so referred to (or for any previously substituted activity or activities)—undertaken that other activity or any one or more of those other activities;
  before the end of 8 weeks after the start of the administrative breach rate reduction period applicable to the person; and
 (c) the Secretary is satisfied that the failure to undertake the activity or any one or more of the activities referred to in paragraph (a) and any substituted activity or activities was for reasons outside the person's control;
the Secretary may determine that the administrative breach rate reduction period applicable to the person is 8 weeks rather than 13 weeks.