Legislative instruments relating to reasonable excuse
42U Legislative instruments relating to reasonable excuse
Matters to be taken into account
The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether a person has a reasonable excuse for committing:
a no show no pay failure (see paragraph 42C(4)(a)); or
a connection failure (see paragraph 42E(4)(a)); or
a reconnection failure (see paragraph 42H(3)(a)); or
a serious failure (see paragraph 42N(2)(a)); or
a non‑attendance failure (see subsection 42SC(2)).
To avoid doubt, a determination under subsection (1) does not limit the matters that the Secretary may take into account in deciding whether the person has a reasonable excuse.
Matters not to be taken into account
The Secretary may, by legislative instrument, determine matters that the Secretary must not take into account in deciding whether a person has a reasonable excuse for committing:
a no show no pay failure (see paragraph 42C(4)(a)); or
a connection failure (see paragraph 42E(4)(a)); or
a reconnection failure (see paragraph 42H(3)(a)); or
a serious failure (see paragraph 42N(2)(a)); or
a non‑attendance failure (see subsection 42SC(2)).
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