Document ID: chunk:federal_register_of_legislation:C2024C00582:section:36
Version: federal_register_of_legislation:C2024C00582
Segment Type: section
Provision Reference: s 36
Character Range: 103817–105041

36  When there is a permissible break
 (1) A permissible break is any of the periods in subsections (2) and (3).

Permissible break between 2 qualifying work days
 (2) If, between a day on which the person performed qualifying work (a qualifying work day) in the work test period and the next qualifying work day, there was at least 1 day but not more than 84 consecutive days on which the person did not perform qualifying work—the day or period of consecutive days between those 2 qualifying work days is a permissible break.

Permissible break at the start of the work test period
 (3) If:
 (a) a person performed qualifying work on a day (the earlier qualifying work day) before the first day in the work test period; and
 (b) the person next performed qualifying work on a day (the later qualifying work day) after the first day in the work test period; and
 (c) the later qualifying work day was no more than 84 consecutive days after the earlier qualifying work day;
then the day or period of consecutive days on which the person did not perform qualifying work between the first day in the work test period and the later qualifying work day (including the first day of the work test period) is a permissible break.