Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 109, 1994 - SCHEDULE 3

                          SCHEDULE 3                Section 43

AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO DEFERMENT
PERIODS FOR JOB SEARCH ALLOWANCE AND NEWSTART ALLOWANCE
1. Subsection 23(1) (definition of "JSA automatic deferment provision"): Omit
"(job search allowance deferment provision)", substitute "(job search
allowance automatic deferment provision)".
2. Subsection 23(1) (paragraph (b) of the definition of "JSA automatic
deferment provision"): Omit "subsection 543(3)", substitute "subsection
546C(4)".
3. Subsection 23(1) (paragraph (a) of the definition of "JSA discretionary
deferment provision"): Omit "subsection 543(1)", substitute "subsection
546C(1)".
4. Subsection 23(1) (definition of "NS allowance automatic deferment
provision"): Omit "(newstart automatic allowance deferment provision)",
substitute "(newstart allowance automatic deferment provision)".
5. Subsection 23(1) (paragraph (d) of the definition of "NS allowance
automatic deferment provision"): Omit "subsection 627(3)", substitute
"subsection 630C(4)".
6. Subsection 23(1) (definition of "NS discretionary deferment provision"):
After "NS", insert "allowance".
7. Subsection 23(1) (paragraph (a) of the definition of "NS discretionary
deferment provision"): Omit "subsection 627(1)", substitute "subsection
630C(1)".
8. Subsection 23(1): Insert:

"'activity test deferment period' means:

   (a)  a period worked out under section 546A in relation to the application
        of a JSA automatic deferment provision included in Subdivision E of
        Division 1 of Part 2.11; or

   (b)  a period worked out under section 630A in relation to the application
        of an NS allowance automatic deferment provision included in
        Subdivision F of Division 1 of Part 2.12; and includes any period for
        which, as a result of the application before 4 July 1994 of an
        automatic deferment provision, job search allowance or newstart
        allowance was not payable, being a period that commenced before 4 July
        1994;
'administrative breach deferment period' means:

   (a)  a period worked out under section 547A in relation to the application
        of a JSA automatic deferment provision included in Subdivision F of
        Division 1 of Part 2.11; or

   (b)  a period worked out under section 631A in relation to the application
        of an NS allowance automatic deferment provision included in
        Subdivision G of Division 1 of Part 2.12; but does not include any
        period for which, as a result of the application before 4 July 1994 of
        an automatic deferment provision, job search allowance or newstart
        allowance was not payable, being a period that commenced before 4 July
        1994;
'discretionary deferment provision' means:

   (a)  a JSA discretionary deferment provision; or

   (b)  an NS allowance discretionary deferment provision;".
9. Paragraph 526(1)(i): Omit "section 543", substitute "section 546C".
10. Subparagraph 526(1)(j)(ii): Omit "section 543", substitute "section 546C".
11. Subdivision E of Division 1 of Part 2.11 (Heading): Omit "recipient
non-compliance", substitute "activity test breaches".
12. Subsection 542(1): Omit "deferment period", substitute "activity test
deferment period".
13. Subsections 542(3), (4), (5) and (6): Omit the subsections.
14. Section 542: Add at the end the following note:

"Note: See section 546A for the length of activity test deferment periods and
section 546B for the commencement of activity test deferment periods.".
15. Subsection 542A(1): Omit "deferment period", substitute "activity test
deferment period".
16. Subsections 542A(3), (4), (5) and (6): Omit the subsections.
17. Section 542A: Add at the end the following note:

"Note: See section 546A for the length of activity test deferment periods and
section 546B for the commencement of activity test deferment periods.".
18. Subsection 542B(1): Omit "deferment period", substitute "activity test
deferment period".
19. Subsections 542B(3), (4), (5) and (6): Omit the subsections.
20. Section 542B: Add at the end the following note:

"Note: See section 546A for the length of activity test deferment periods and
section 546B for the commencement of activity test deferment periods.".
21. Subsection 543(4): Omit "deferment period", substitute "administrative
breach deferment period".
22. Subsections 543(5), (6), (7) and (8): Omit the subsections.
23. Section 543:

   (a)  Renumber as section 546C and reposition at the beginning of
        Subdivision F.

   (b)  Add at the end the following note:

"Note: See section 547A for the length of administrative breach deferment
periods and section 547B for the commencement of administrative breach
deferment periods.".
24. Subsection 544(1): Omit "deferment period", substitute "activity test
deferment period".
25. Subsections 544(2), (3), (4) and (5): Omit the subsections.
26. Section 544: Add at the end the following note:

"Note: See section 546A for the length of activity test deferment periods and
section 546B for the commencement of activity test deferment periods.".
27. Subsection 545(1): Omit "deferment period", substitute "activity test
deferment period".
28. Subsections 545(2), (3), (4) and (5): Omit the subsections.
29. Section 545: Add at the end the following note:

"Note: See section 546A for the length of activity test deferment periods and
section 546B for the commencement of activity test deferment periods.".
30. Subsection 546(1): Omit "deferment period", substitute "activity test
deferment period".
31. Subsections 546(2), (3), (4) and (5): Omit the subsections.
32. Section 546: Add at the end the following note:

"Note: See section 546A for the length of activity test deferment periods and
section 546B for the commencement of activity test deferment periods.".
33. After section 546: Insert: Activity test deferment periods

"546A.(1) Subject to subsections (2) and (3), if an automatic deferment
provision of this Subdivision applies to a person, the deferment period
applicable to the person is:

   (a)  if, at the time the provision becomes applicable, the person's
        unemployment duration is less than 12 months-2 weeks; or

   (b)  if, at the time the provision becomes applicable, the person's
        unemployment duration is 12 months or more, but is less than 18
        months-4 weeks; or

   (c)  if, at that time, the person's unemployment duration is 18 months or
        more-6 weeks. Note: For 'automatic deferment provision' see
        section 23.

"(2) Subject to subsections (3), (4) and (5), if:

   (a)  an automatic deferment provision of this Subdivision applies to a
        person at a particular time; and

   (b)  one or more activity test deferment periods had applied to the person
        within the period of 3 years before that time: the deferment period is
        6 weeks plus:

   (c)  in respect of a period (if any) referred to in paragraph (b) of this
        subsection that was fixed under subsection (1), the number of weeks
        fixed under that subsection; and

   (d)  in respect of each other period (if any) referred to in that
        paragraph, a further 6 weeks. Note: For 'activity breach deferment
        period' see section 23.

"(3) If:

   (a)  an automatic deferment provision of this Subdivision applies to a
        person at a particular time; and

   (b)  one or more administrative breach deferment periods had applied to the
        person within the period of 3 years before that time; the deferment
        period worked out under subsection (1) or (2) is increased, in respect
        of each administrative breach deferment period, by:

   (c)  if the administrative breach deferment period was worked out under
        subsection 547A(1)- 2 weeks; or

   (d)  if it was worked out under subsection 547A(2)- 4 weeks; or

   (e)  if it was worked out under subsection 547A(3)- 6 weeks. Note: For
        'administrative breach deferment period' see section 23.

"(4) If:

   (a)  a period referred to in paragraph (2)(d) relates to an application of
        an automatic deferment provision before 4 July 1994; and

   (b)  that period had been a period of 2 weeks; the number of weeks referred
        to in that paragraph in respect of that period is taken to be 2. Note:
        For 'automatic deferment provision' see section 23.

"(5) If:

   (a)  a period referred to in paragraph (2)(d) relates to an application of
        an automatic deferment provision before 4 July 1994; and

   (b)  the number of weeks in that period had been worked out under the
        provision by taking into account one previous application of that or
        any other automatic deferment provision; the number of weeks referred
        to in that paragraph in respect of that period is taken to be 4. Note:
        For 'automatic deferment provision' see section 23.

"(6) A reference in subsection (1) to a person's unemployment duration is a
reference to the period during which the person has been continuously
receiving a job search allowance.

"(7) For the purposes of subsection (6), if the person:

   (a)  is receiving a job search allowance; and

   (b)  ceases for a period of not longer than 6 weeks to receive the
        allowance; and

   (c)  at the end of that period resumes receipt of the allowance; the person
        is taken to have been continuously receiving the allowance during that
        period.

"(8) For the purposes of subsection (6), if the person:

   (a)  is receiving a job search allowance; and

   (b)  as a result of the application of an automatic deferment provision or
        a discretionary deferment provision, ceases for a period to receive
        the allowance; and

   (c)  at the end of that period resumes receipt of the allowance; the person
        is taken to have been continuously receiving the allowance during that
        period. Note: For 'automatic deferment provision' and 'discretionary
        deferment provision' see section 23. Commencement of activity test
        deferment periods

"546B.(1) The Secretary may determine in writing the day on which an activity
test deferment period commences. Note: For 'activity test deferment period'
see section 23.

"(2) An activity test deferment period may not commence before the day the
person to whom the period applies:

   (a)  has been notified in writing of the determination; and

   (b)  following receipt of that notice, has received two instalments of job
        search allowance as if no determination had been made.

"(3) Where:

   (a)  the Secretary has made a determination under subsection 546B(1); then
        for the purposes of Subdivision E of Part 2.11 and despite any other
        provision in that Subdivision:

   (b)  the person remains qualified for job search allowance until the
        person:

        (i)    has been notified in writing of the determination; and

        (ii)   following receipt of that notice has received two instalments
               of job search allowance.

"(4) If the person to whom the period applies is subject to a waiting period,
the Secretary must not determine a day that occurs before or during the
waiting period. Note: For 'waiting period' see section 23.

"(5) A reference in subsection (4) to a waiting period includes a reference to
a liquid assets test waiting period under section 519.".
34. Before section 547: Insert:

"Subdivision F-Situations where allowance not payable (administrative
breaches)".
35. Subsection 547(1): Omit "deferment period", substitute "administrative
breach deferment period".
36. Subsections 547(3), (4), (5) and (6): Omit the subsections.
37. Section 547: Add at the end the following note:

"Note: See section 547A for the length of administrative breach deferment
periods and section 547B for the commencement of administrative breach
deferment periods.".
38. After section 547: Insert: Administrative breach deferment periods

"547A.(1) Subject to subsections (2), (3) and (4), if an automatic deferment
provision of this Subdivision applies to a person, the deferment period
applicable to the person is 2 weeks. Note: For 'automatic deferment provision'
see section 23.

"(2) Subject to subsection (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
        administrative breach deferment period applied to the person; the
        deferment period is 6 weeks. Note: For 'administrative breach
        deferment period' see section 23.

"(3) Subject to subsection (4), if:

   (a)  an automatic deferment provision of this Subdivision applies to a
        person at a particular time; and

   (b)  an administrative breach deferment period 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 'administrative breach
        deferment period' see section 23.

"(4) If:

   (a)  an automatic deferment provision of this Subdivision applies to a
        person at a particular time; and

   (b)  one or more activity test deferment periods had applied to the person
        within the period of 3 years before that time; the deferment period
        worked out under subsection (1), (2) or (3) is increased, in respect
        of each activity test deferment period, by:

   (c)  if the activity test deferment period was worked out under paragraph
        546A(1)(a)-2 weeks; or

   (d)  if it was worked out under paragraph 546A(1)(b)-4 weeks; or

   (e)  if it was worked out under paragraph 546A(1)(c) or subsection 546A(2)-
        6 weeks. Note: For 'activity test deferment period' see section 23.
        Commencement of administrative breach deferment periods

"547B.(1) The Secretary may determine in writing the day on which an
administrative breach deferment period commences. Note: For 'administrative
breach deferment period' see section 23.

"(2) An administrative breach deferment period may not commence before the day
the person to whom the period applies:

   (a)  has been notified in writing of the determination; and

   (b)  following receipt of that notice, has received two instalments of job
        search allowance as if no determination had been made.

"(3) Where:

   (a)  the Secretary has made a determination under subsection 547B(1); then
        for the purposes of Subdivision E of Part 2.11 and despite any other
        provision in that Subdivision:

   (b)  the person remains qualified for job search allowance until the
        person:

        (i)    has been notified in writing of the determination; and

        (ii)   following receipt of that notice has received two instalments
               of job search allowance.

"(4) If the person to whom the period applies is subject to a waiting period,
the Secretary must not determine a day that occurs before or during the
waiting period. Note: For 'waiting period' see section 23.

"(5) A reference in subsection (4) to a waiting period includes a reference to
a liquid assets test waiting period under section 519.".
39. Before section 548: Insert:

"Subdivision G-Situations where allowance not payable (other recipient
non-compliance)".
40. Paragraph 608(1)(i): Omit "section 627", substitute "section 630C".
41. Subparagraph 608(1)(j)(iv): Omit "section 677", substitute "section 630C".
42. Subparagraph 608(1)(j)(v): After "of the person" insert "(see section
628)".
43. Subdivision F of Division 1 of Part 2.12 (Heading): Omit "recipient
non-compliance", substitute "activity test breaches".
44. Subsection 624(1): Omit "deferment period", substitute "activity test
deferment period".
45. Subsections 624(3), (4), (5) and (6): Omit the subsections.
46. Section 624: Add at the end the following note:

"Note: See section 630A for the length of activity test deferment periods and
section 630B for the commencement of activity test deferment periods.".
47. Subsection 625(1): Omit "deferment period", substitute "activity test
deferment period".
48. Subsections 625(3), (4), (5) and (6): Omit the subsections.
49. Section 625: Add at the end the following note:

"Note: See section 630A for the length of activity test deferment periods and
section 630B for the commencement of activity test deferment periods.".
50. Subsection 626(1): Omit "deferment period", substitute "activity test
deferment period".
51. Subsections 626(3), (4), (5) and (6): Omit the subsections.
52. Section 626: Add at the end the following note:

"Note: See section 630A for the length of activity test deferment periods and
section 630B for the commencement of activity test deferment periods.".
53. Subsection 627(4): Omit "deferment period", substitute "administrative
breach deferment period".
54. Subsections 627(5), (6), (7) and (8): Omit the subsections.
55. Section 627:

   (a)  Renumber as section 630C and reposition at the beginning of
        Subdivision G.

   (b)  Add at the end the following note:

"Note: See section 631A for the length of administrative breach deferment
periods and section 631B for the commencement of administrative breach
deferment periods.".
56. Subsection 628(1): Omit "deferment period", substitute "activity test
deferment period".
57. Subsections 628(2), (3), (4) and (5): Omit the subsections.
58. Section 628: Add at the end the following note:

"Note: See section 630A for the length of activity test deferment periods and
section 630B for the commencement of activity test deferment periods.".
59. Subsection 629(1): Omit "deferment period", substitute "activity test
deferment period".
60. Subsections 629(2), (3), (4) and (5): Omit the subsections.
61. Section 629: Add at the end the following note:

"Note: See section 630A for the length of activity test deferment periods and
section 630B for the commencement of activity test deferment periods.".
62. Subsection 630(1): Omit "deferment period", substitute "activity test
deferment period".
63. Subsections 630(2), (3), (4) and (5): Omit the subsections.
64. Section 630: Add at the end the following note:

"Note: See section 630A for the length of activity test deferment periods and
section 630B for the commencement of activity test deferment periods.".
65. After section 630: Insert: Activity test deferment periods

"630A.(1) Subject to subsections (2) and (3), if an automatic deferment
provision of this Subdivision applies to a person, the deferment period
applicable to the person is:

   (a)  if, at the time the provision becomes applicable, the person's
        unemployment duration is less than 12 months-2 weeks; or

   (b)  if, at the time the provision becomes applicable, the person's
        unemployment duration is 12 months or more, but is less than 18
        months-4 weeks; or

   (c)  if, at that time, the person's unemployment duration is 18 months or
        more-6 weeks. Note: For 'automatic deferment provision' see
        section 23.

"(2) Subject to subsections (3) and (4), if:

   (a)  an automatic deferment provision of this Subdivision applies to a
        person at a particular time; and

   (b)  one or more activity test deferment periods had applied to the person
        within the period of 3 years before that time: the deferment period is
        6 weeks plus:

   (c)  in respect of a period (if any) referred to in paragraph (b) of this
        subsection that was fixed under subsection (1), the number of weeks
        fixed under that subsection; and

   (d)  in respect of each other period (if any) referred to in that
        paragraph, a further 6 weeks. Note: For 'activity test deferment
        period' see section 23.

"(3) If:

   (a)  an automatic deferment provision of this Subdivision applies to a
        person at a particular time; and

   (b)  one or more administrative breach deferment periods had applied to the
        person within the period of 3 years before that time; the deferment
        period worked out under subsection (1) or (2) is increased, in respect
        of each administrative breach deferment period, by:

   (c)  if the administrative breach deferment period was worked out under
        subsection 631A(1)- 2 weeks; or

   (d)  if it was worked out under subsection 631A(2)- 4 weeks; or

   (e)  if it was worked out under subsection 631A(3)- 6 weeks. Note: For
        'administrative breach deferment period' see section 23.

"(4) If:

   (a)  a period referred to in paragraph (2)(d) relates to an application of
        an automatic deferment provision before 4 July 1994; and

   (b)  that period had been a period of 2 weeks; the number of weeks referred
        to in that paragraph in respect of that period is taken to be 2. Note:
        For 'automatic deferment provision' see section 23.

"(5) If:

   (a)  a period referred to in paragraph (2)(d) relates to an application of
        an automatic deferment provision before 4 July 1994; and

   (b)  the number of weeks in that period had been worked out under the
        provision by taking into account one previous application of that or
        any other automatic deferment provision; the number of weeks referred
        to in that paragraph in respect of that period is taken to be 4. Note:
        For 'automatic deferment provision' see section 23.

"(6) A reference in subsection (1) to a person's unemployment duration is a
reference to the period during which the person has been continuously
receiving:

   (a)  a newstart allowance; or

   (b)  a job start allowance followed by a newstart allowance.

"(7) For the purposes of subsection (6), if the person:

   (a)  is receiving a job search allowance; and

   (b)  ceases for a period of not longer than 6 weeks to receive the
        allowance; and

   (c)  at the end of that period resumes receipt of the allowance; the person
        is taken to have been continuously receiving the allowance during that
        period.

"(8) For the purposes of subsection (6), if the person:

   (a)  is receiving a job search allowance; and

   (b)  ceases for a period of not longer than 13 weeks to receive the
        allowance; and

   (c)  at the end of that period starts to receive a newstart allowance; the
        person is taken to have been continuously receiving the newstart
        allowance during that period.

"(9) For the purposes of subsection (6), if the person:

   (a)  is receiving a newstart allowance; and

   (b)  ceases for a period of not longer than 13 weeks to receive the
        allowance; and

   (c)  at the end of that period resumes receipt of the allowance; the person
        is taken to have been continuously receiving the allowance during that
        period.

"(10) For the purposes of subsection (6), if the person:

   (a)  is receiving a job search allowance or a newstart allowance; and

   (b)  as a result of the application of an automatic deferment provision or
        a discretionary deferment provision, ceases for a period to receive
        the allowance; and

   (c)  at the end of that period starts to receive a newstart allowance, or
        resumes receipt of the newstart allowance, as the case may be; the
        person is taken to have been continuously receiving the newstart
        allowance during that period. Note: For 'automatic deferment
        provision' and 'discretionary deferment provision' see section 23.
        Commencement of activity test deferment periods

"630B.(1) The Secretary may determine in writing the day on which an activity
test deferment period commences. Note: For 'activity test deferment period'
see section 23.

"(2) An activity test deferment period may not commence before the day the
person to whom the period applies:

   (a)  has been notified in writing of the determination; and

   (b)  following receipt of that notice, has received two instalments of
        newstart allowance as if no determination had been made.

"(3) Where:

   (a)  the Secretary has made a determination under subsection 630B(1); then
        for the purposes of Subdivision E of Part 2.12 and despite any other
        provision in that Subdivision:

   (b)  the person remains qualified for newstart allowance until the person:

        (i)    has been notified in writing of the determination; and

        (ii)   following receipt of that notice has received two instalments
               of newstart allowance.

"(4) If the person to whom the period applies is subject to a waiting period,
the Secretary must not determine a day that occurs before or during the
waiting period. Note: For 'waiting period' see section 23.

"(5) A reference in subsection (4) to a waiting period includes a reference to
a liquid assets test waiting period under section 598.".
66. Before section 631: Insert:

"Subdivision F-Situations where allowance not payable (administrative
breaches)".
67. Subsection 631(1): Omit "deferment period", substitute "administrative
breach deferment period".
68. Subsections 631(3), (4), (5) and (6): Omit the subsections.
69. Section 631: Add at the end the following note:

"Note: See section 631A for the length of administrative breach deferment
periods and section 631B for the commencement of administrative breach
deferment periods.".
70. After section 631: Insert: Administrative breach deferment periods

"631A.(1) Subject to subsections (2), (3) and (4), if an automatic deferment
provision of this Subdivision applies to a person, the deferment period
applicable to the person is 2 weeks. Note: For 'automatic deferment provision'
see section 23.

"(2) Subject to subsection (4), if:

   (a)  an automatic deferment provision of this Subdivision applies to a
        person at a particular time; and

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

"(3) Subject to subsection (4), if:

   (a)  an automatic deferment provision of this Subdivision applies to a
        person at a particular time; and

   (b)  an administrative breach deferment period 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 'administrative breach
        deferment period' see section 23.

"(4) If:

   (a)  an automatic deferment provision of this Subdivision applies to a
        person at a particular time; and

   (b)  one or more activity test deferment periods had applied to the person
        within the period of 3 years before that time; the deferment period
        worked out under subsection (1), (2) or (3) is increased, in respect
        of each activity test deferment period, by:

   (c)  if the activity test deferment period was worked out under paragraph
        630A(1)(a)-2 weeks; or

   (d)  if it was worked out under paragraph 630A(1)(b)-4 weeks; or

   (e)  if it was worked out under paragraph 630A(1)(c) or subsection 630A(2)-
        6 weeks. Note: For 'activity test deferment period' see section 23.
        Commencement of administrative breach deferment periods

"631B.(1) The Secretary may determine in writing the day on which an
administrative breach deferment period commences. Note: For 'administrative
breach deferment period' see section 23.

"(2) An administrative breach deferment period may not commence before the day
the person to whom the period applies:

   (a)  has been notified in writing of the determination; and

   (b)  following receipt of that notice, has received two instalments of
        newstart allowance as if no determination had been made.

"(3) Where:

   (a)  the Secretary has made a determination under subsection 631B(1); then
        for the purposes of Subdivision E of Part 2.12 and despite any other
        provision in that Subdivision:

   (b)  the person remains qualified for newstart allowance until the person:

        (i)    has been notified in writing of the determination; and

        (ii)   following receipt of that notice has received two instalments
               of newstart allowance.

"(4) If the person to whom the period applies is subject to a waiting period,
the Secretary must not determine a day that occurs before or during the
waiting period. Note: For 'waiting period' see section 23.

"(5) A reference in subsection (4) to a waiting period includes a reference to
a liquid assets test waiting period under section 598.".
71. Before section 632: Insert:

"Subdivision G-Situations where allowance not payable (other recipient
non-compliance)".
72. Subparagraph 729(2)(d)(i): Omit "subsection 543(3) or 627(3)", substitute
"subsection 546C(4) or 630C(4)".
73. Schedule 1A: Add at the end: Transitional provision for job search
allowance and newstart allowance deferment periods in force on 1 July 1994

"70. If:

   (a)  as a result of the application before 4 July 1994 of an automatic
        deferment period, a job search allowance or newstart allowance ceased
        to be payable for a period commencing before 4 July 1994; and

   (b)  that period was still continuing immediately before 4 July 1994; the
        automatic deferment provision, as in force immediately before 4 July
        1994, continues to apply in relation to the period until, in
        accordance with that provision, the period ceases. Saving of job
        search allowance and newstart allowance deferment determinations

"71.(1) If:

   (a)  before 4 July 1994, the Secretary determined under an automatic
        deferment provision a day on which a deferment period was to commence
        under that provision; and

   (b)  that day did not occur before 4 July 1994; the Secretary's
        determination has effect after 4 July 1994 as if it had been made
        under section 546B, 547B, 630B or 631B, whichever is applicable.

"(2) For the purposes of the operation of subclause (1), subsection 546B(4),
547B(4), 630B(4) or 631B(4), as the case requires, is taken not to apply.".