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SOCIAL SECURITY ACT 1991 - SECT 729AA

Effect of industrial action on qualification conditions of certain claimants for special benefit

             (1)  A person who:

                     (a)  has claimed special benefit; and

                     (b)  is:

                              (i)  the holder of a visa included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which subparagraph 729(2)(g)(i) applies; and

                             (ii)  a person to whom subsection 729(2A) applies;

is not, for the purposes of paragraph 729(2)(e), taken to be unable to earn a sufficient livelihood for the person and the person's dependants (if any) if:

                     (c)  that inability arises because the person has ceased to be employed, or to be employed at a particular level of income; and

                     (d)  that cessation is attributable to the person's being, or having been, engaged in industrial action, or in a series of industrial actions.

             (2)  Subsection (1) does not apply in relation to a person if the Secretary is satisfied that:

                     (a)  the person's unemployment or the effect on the person's level of income was due to other people being, or having been, engaged in industrial action or in a series of industrial actions; and

                     (b)  the people or some of the people were members of a trade union that was involved in the industrial action; and

                     (c)  the person was not a member of the trade union during the period of the industrial action.

             (3)  Subject to subsection (4), subsections (1) and (2) do not prevent a person from being qualified for special benefit in respect of a period that occurs after the relevant industrial action or series of industrial actions has stopped.

             (4)  If the relevant industrial action or series of industrial actions is in breach of an order, direction or injunction issued by:

                     (a)  a prescribed State industrial authority within the meaning of the Fair Work Act 2009 ; or

                     (b)  the Fair Work Commission or the Australian Industrial Relations Commission; or

                     (c)  the Federal Court of Australia; or

                     (d)  the Federal Circuit Court of Australia;

a person is not qualified for special benefit in respect of a period unless that period occurs 6 weeks or more after the relevant industrial action or series of industrial actions has stopped.



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