Document ID: chunk:federal_register_of_legislation:C2007C00215:clause:10_740:p2
Version: federal_register_of_legislation:C2007C00215
Segment Type: clause
Provision Reference: sch 10 cl 740 (pt 2/2)
Character Range: 246655–247996

does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of subsection (2), a person had a reasonable excuse for committing the special benefit participation failure referred to in subsection (1).

 (3) Despite subsection (1), if a failure of a kind referred to in that subsection occurs in an instalment period of the person in which the person has already committed a special benefit participation failure, the failure is not a special benefit participation failure if:
 (a) the instalment period is the person's first instalment period for special benefit; or
 (b) the instalment period is not the person's first instalment period for special benefit, and:
 (i) the person did not commit a special benefit participation failure in the immediately preceding instalment period of the person; or
 (ii) in respect of each special benefit participation failure that the person committed in the immediately preceding instalment period of the person, the person acted in accordance with a requirement of the Secretary notified in respect of that failure.

 (4) Paragraph (1)(f) does not apply to a failure if:
 (a) the person is under 60; and
 (b) a determination under paragraph 28(4)(b) is in force in relation to the person.

 (5) Paragraph (1)(j) does not limit the scope of paragraph (1)(d).