Document ID: chunk:federal_register_of_legislation:C2024C00458:section:42q
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 42Q
Character Range: 179321–180494

42Q  Ending serious failure periods
 (1) The Secretary may end a person's serious failure period if:
 (a) the person begins to comply with a serious failure requirement imposed on the person; or
 (b) the Secretary determines that:
 (i) the person does not have the capacity to undertake any serious failure requirement; and
 (ii) serving the serious failure period would cause the person to be in severe financial hardship.
Note: For in severe financial hardship see subsection 14A(7) of the 1991 Act.
 (1A) The Secretary may make a determination under paragraph (1)(b) on request or on his or her own initiative.
 (2) The person's serious failure period ends on:
 (a) if paragraph (1)(a) applies—the day before the person begins to comply with the requirement; or
 (b) if the Secretary makes a determination under paragraph (1)(b) on request—the day before the request was made; or
 (c) if the Secretary makes a determination under paragraph (1)(b) on his or her own initiative—the day before the Secretary makes the determination.
Note: For the day the Secretary makes the determination, see section 42Y.
 (3) Section 42NC does not affect the operation of this section.