Commonwealth Consolidated Acts

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Relief from activity test--special circumstances

             (1)  Subject to subsections (2) and (3), a person to whom this Subdivision applies is not required to satisfy the activity test for a period if:

                     (a)  the Secretary is satisfied that special circumstances, beyond the person's control, exist; and

                     (b)  the Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to comply with the activity test for that period.

          (1A)  Subsection (1) does not apply to circumstances wholly or predominantly attributable to the person's misuse of alcohol or another drug, unless the person is a declared program participant.

             (2)  The period referred to in subsection (1) is not to exceed 13 weeks.

             (3)  If:

                     (a)  the Secretary makes a number of determinations under subsection (1); and

                     (b)  the periods to which the determinations relate form a continuous period;

the continuous period is not to exceed 13 weeks unless the Secretary determines otherwise, having regard to the continued existence, or likely continued existence, of the special circumstances on which the last preceding determination was based.

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