Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Secretary may extend a portability period if the Secretary is satisfied that the person who is not in Australia during the period is absent because:
(a) the person is unable to return to Australia because of any of the following events:
(i) a serious accident involving the person or a family member of the person;
(ii) a serious illness of the person or a family member of the person;
(iii) the hospitalisation of the person or a family member of the person;
(iv) the death of a family member of the person;
(v) the person's involvement in custody proceedings in the country in which the person is located;
(vi) a legal requirement for the person to remain outside Australia in connection with criminal proceedings (other than criminal proceedings in respect of a crime alleged to have been committed by the person);
(vii) robbery or serious crime committed against the person or a family member of the person;
(viii) a natural disaster in the country in which the person is located;
(ix) political or social unrest in the country in which the person is located;
(x) industrial action in the country in which the person is located;
(xi) a war in the country in which the person is located; or
(b) under the Medical Treatment Overseas Program administered by the Minister who administers the National Health Act 1953 , financial assistance is payable in respect of the person's absence from Australia.
(2) The Secretary must not extend the person's portability period under paragraph (1)(a) unless:
(a) the event occurred or began during the period of absence; and
(b) if the event is political or social unrest, industrial action or war--the person is not willingly involved in, or willingly participating in the event.
(3) If the Secretary extends a person's portability period under subsection (1), the person's portability period for farm household allowance, for the purposes of this Division, is the extended period.