(1) The Secretary may treat a person as being unemployed throughout a period if:
(a) during the period, the person undertakes:
(i) paid work that, in the Secretary's opinion, is suitable for the person to undertake; or
(ii) any other activity;
as a result of which he or she would, but for this subsection, not be taken to be unemployed; and
(b) the Secretary is of the opinion that, taking into account:
(i) the nature of the work or other activity; and
(ii) the duration of the work or other activity; and
(iii) any remuneration received for the work or other activity; and
(iv) any other matters relating to the work or other activity, or to the person's circumstances, that the Secretary considers relevant;
the activity should be disregarded.
Note: The person may, under subsection 603(3), also be treated as satisfying the activity test.
(1A) However, the work or other activity must not be or include any work or other activity of a kind that the Secretary determines under subsection (1B).
(1B) The Secretary may determine, by legislative instrument, kinds of work or other activity that are not to be taken into account for the purposes of subsection (1).
(2) A person complying with a Jobseeker Employment Pathway Plan, or with a requirement under subsection 601(1A), may be treated by the Secretary as being unemployed.
(3) In deciding whether to treat a person as being unemployed, the Secretary is to take into account:
(a) the nature of the activity undertaken by the person so as to comply with a requirement under subsection 601(1A) (activity test) or a requirement in a Jobseeker Employment Pathway Plan; and
(b) the duration of the activity; and
(c) any other matters relating to the activity that the Secretary considers relevant.