Commonwealth Consolidated Acts Commonwealth Consolidated ActsMeaning of youth participation failure
(1) A person commits a youth allowance participation failure if the person:
(a) fails to comply with a requirement:
(i) that was notified to the person under subsection 63(2) or (4) of the Administration Act; and
(ii) that was reasonable; and
(iii) the notification of which included a statement to the effect that a failure to comply with the requirement could constitute a youth allowance participation failure; or
(b) ceases to undertake full - time study and is not exempt from undertaking full - time study (see Subdivision C of Division 1); or
(k) fails to comply with a requirement to undertake another activity referred to in paragraph 550B(1)(b).
Reasonable excuse
(2) Despite subsection (1), a failure of a kind referred to in that subsection is not a youth allowance participation failure if the person satisfies the Secretary that the person had a reasonable excuse for the failure.
(2A) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether, for the purposes of subsection (2), a person had a reasonable excuse for committing a youth allowance participation failure.
(2B) To avoid doubt, a determination under subsection (2A) does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of subsection (2), a person had a reasonable excuse for committing the youth allowance participation failure referred to in subsection (1).
Subsequent failures in the same instalment period
(3) Despite subsection (1), if a failure of a kind referred to in that subsection occurs in an instalment period of the person in which the person has already committed a youth allowance participation failure, the failure is not a youth allowance participation failure if:
(a) the instalment period is the person's first instalment period for youth allowance; or
(b) the instalment period is not the person's first instalment period for youth allowance, and:
(i) the person did not commit a youth allowance participation failure in the immediately preceding instalment period of the person; or
(ii) in respect of each youth allowance participation failure that the person committed in the immediately preceding instalment period of the person, the person acted in accordance with a requirement of the Secretary notified in respect of that failure.
Failures covered by section 547AA
(4) Despite subsection (1), a failure of a kind referred to in that subsection is not a youth allowance participation failure if it results in youth allowance not being payable to the person under section 547AA.
New apprentices
(6) Subsection (1) does not apply to a failure if the person is a new apprentice.
Note: For new apprentice see subsection 23(1).