Commonwealth Numbered Acts

SOCIAL SECURITY (BUDGET AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1993 No. 121, 1993 - SECT 16

16. After section 542 of the Principal Act the following sections are
inserted: Removal from allowance for failure to enter Job Search Activity
Agreement

"542A.(1) If:

   (a)  a job search allowance was payable to a person; and

   (b)  the person ceased to be qualified for the allowance because the person
        failed to enter a Job Search Activity Agreement; and

   (c)  the person later becomes qualified for a job search allowance; the job
        search allowance is not payable to the person for the deferment
        period.

"(2) Subsection (1) does not apply to a person:

   (a)  who has started:

        (i)    formal vocational training in a labour market program approved
               by the Employment Secretary; or

        (ii)   a rehabilitation program approved by the Employment Secretary;
               and

   (b)  who has been exempted from the application of that subsection by the
        Employment Secretary. Note 1: 'CES' means the Commonwealth Employment
        Service (see section 23). Note 2: For 'Employment Secretary' see
        section 23.

"(3) Subject to subsections (4) and (5), the deferment period is 2 weeks.

"(4) If:

   (a)  subsection (1) applies to a person at a particular time; and

   (b)  on one occasion only within the period of 3 years before that time an
        automatic deferment provision applied to the person; the deferment
        period is 6 weeks. Note: For 'automatic deferment provision' see
        section 23.

"(5) If:

   (a)  subsection (1) applies to a person at a particular time; and

   (b)  an automatic deferment provision or provisions applied to the person
        on 2 or more occasions within the period of 3 years before that time;
        the deferment period is 6 weeks plus 6 weeks for each occasion
        referred to in paragraph (b) after the first. Note: For 'automatic
        deferment provision' see section 23.

"(6) The Secretary may determine in writing the day on which the deferment
period commences and that day may be before the day of the determination.
Removal from allowance for failure to comply with Job Search Activity
Agreement

"542B.(1) If:

   (a)  a job search allowance was payable to a person; and

   (b)  the person ceased to be qualified for the allowance because the person
        did not comply with a Job Search Activity Agreement; and

   (c)  the person later becomes qualified for a job search allowance; a job
        search allowance is not payable to the person for the deferment
        period.

"(2) Subsection (1) does not apply to a person:

   (a)  who has started:

        (i)    formal vocational training in a labour market program approved
               by the Employment Secretary; or

        (ii)   a rehabilitation program approved by the Employment Secretary;
               and

   (b)  who has been exempted from the application of that subsection by the
        Employment Secretary. Note 1: 'CES' means the Commonwealth Employment
        Service (see section 23). Note 2: For 'Employment Secretary' see
        section 23.

"(3) Subject to subsections (4) and (5), the deferment period is 2 weeks.

"(4) If:

   (a)  subsection (1) applies to a person at a particular time; and

   (b)  on one occasion only within the period of 3 years before that time an
        automatic deferment provision applied to the person; the deferment
        period is 6 weeks. Note: For 'automatic deferment provision' see
        section 23.

"(5) If:

   (a)  subsection (1) applies to a person at a particular time; and

   (b)  an automatic deferment provision or provisions applied to the person
        on 2 or more occasions within the period of 3 years before that time;
        the deferment period is 6 weeks plus 6 weeks for each occasion
        referred to in paragraph (b) after the first. Note: For 'automatic
        deferment provision' see section 23.

"(6) The Secretary may determine in writing the day on which the deferment
period commences and that day may be before the day of the determination.".