Document ID: chunk:federal_register_of_legislation:C2022C00163:section:30
Version: federal_register_of_legislation:C2022C00163
Segment Type: section
Provision Reference: s 30
Character Range: 43021–45486

30  Prenatal and postnatal exemption
 (1) A pregnant woman is exempt from the activity test for the period that:
 (a) starts 6 weeks before the woman's expected date of confinement; and
 (b) ends on the day the woman gives birth to the child (whether or not the child is born alive).
 (2) If a woman gives birth to a child (whether or not the child is born alive), the woman is exempt from the activity test for the period that:
 (a) starts on the day she gives birth to the child; and
 (b) ends 6 weeks after that day.

Subdivision C—People temporarily incapacitated

    31  Temporarily incapacitated person exempt from the activity test
 (1) A person is exempt from the activity test for a period if:
 (a) throughout the period, because of sickness or an accident, the person is incapacitated and cannot undertake any activities for the purposes of the activity test for more than 8 hours a week; and
 (b) in the Secretary's opinion, no activities are of a kind that the person could be reasonably expected to undertake for the purposes of the activity test for more than 8 hours a week; and
 (c) the incapacity is caused wholly, or virtually wholly, by a medical condition arising from the sickness or accident; and
 (d) the incapacity is, or is likely to be, of a temporary nature; and
 (e) 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 and cannot undertake any activities for the purposes of the activity test for more than 8 hours a week; and
 (iv) the period for which the person is incapacitated; and
 (f) the Secretary is satisfied that the incapacity has not been brought about with a view to obtaining an exemption from the activity test.
Note: A person who is exempt from the activity test under this section may still be taken to contribute a significant part of his or her labour to a farm enterprise (see section 11).

Requirements for making decisions
 (2) The Secretary must comply with any requirements prescribed by the Minister's rules in deciding the following:
 (a) whether paragraph (1)(a), (c) or (d) applies to a person for a period;
 (b) whether, for the purposes of paragraph (1)(b), an activity is of a kind that a person could be reasonably expected to undertake.