Document ID: chunk:federal_register_of_legislation:C2021C00314:clause:10_5:p1
Version: federal_register_of_legislation:C2021C00314
Segment Type: clause
Provision Reference: sch 10 cl 5 (pt 1/2)
Character Range: 37313–39897

5  At the end of section 24
Add:

Extension of 56 week period in certain circumstances
 (7) The Secretary may extend the 56 week period (the initial period) referred to in subsection (1), (2), (4) or (5), to a period of no more than 3 years, if the Secretary is satisfied that the child mentioned in subsection (1) or (2), or the individual mentioned in subsection (4) or (5), (in each case, the person) is unable to return to Australia within the initial period because of any of the following events:
 (a) a serious accident involving the person or a family member of the person;
 (b) a serious illness of the person or a family member of the person;
 (c) the hospitalisation of the person or a family member of the person;
 (d) the death of a family member of the person;
 (e) the person's involvement in custody proceedings in the country in which the person is located;
 (f) a legal requirement for the person to remain outside Australia in connection with criminal proceedings (other than criminal proceedings in respect of a crime alleged to have been committed by the person);
 (g) robbery or serious crime committed against the person or a family member of the person;
 (h) a natural disaster in the country in which the person is located;
 (i) political or social unrest in the country in which the person is located;
 (j) industrial action in the country in which the person is located;
 (k) a war in the country in which the person is located.
 (8) The Secretary must not extend the initial period under subsection (7) unless:
 (a) the event occurred or began during the initial period; and
 (b) if the event is political or social unrest, industrial action or war—the person is not willingly involved in, or willingly participating in the event.
 (9) The Secretary may extend the 56 week period referred to in subsection (1), (2), (4) or (5), to a period of no more than 3 years, if the Secretary is satisfied that, under the Medical Treatment Overseas Program administered by the Minister who administers the National Health Act 1953, financial assistance is payable in respect of the absence from Australia of the child mentioned in subsection (1) or (2) or the individual mentioned in subsection (4) or (5).
 (10) The Secretary may extend the 56 week period referred to in subsection (4) or (5), to a period of no more than 3 years, if the Secretary is satisfied that the individual mentioned in the subsection is unable to return to Australia within the 56 week period because the individual is:
 (a) deployed outside Australia as a member of the Defence Force, under