S 14 repealed by No 22 of 2017, s 3 and Sch 1 item 33, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. S 14 formerly read:
SECTION 14 Meaning of
satisfies the work/training/study test
14(1)
An individual
satisfies the work/training/study test
if:
(a)
the individual has recognised work or work related commitments; or
(b)
the individual has recognised training commitments; or
(c)
the individual has recognised study commitments.
14(1A)
However, for the purposes of section 54, the individual satisfies the work/training/study test only if:
(a)
the individual meets the activity requirements under section 17A for the week; or
(b)
the individual is not included in a class of individuals specified in a determination under subsection (1C) and:
(i)
paragraph 15(1)(b), 15(1)(c), 17(1)(a), 17(1)(b), 17(1)(c) or 17(1)(d) applies to the person; or
(ii)
the individual is an individual in a class of individuals specified in a determination under subsection 15(2); or
(iii)
the individual is covered by a determination under subsection (1B) or (2).
History
S 14(1A) inserted by No 150 of 2005, s 3 and Sch 2 item 4, applicable to sessions of care provided:
(a) during the first week commencing after 1 July 2006; and
(b) during subsequent weeks.
14(1B)
The Minister may, by legislative instrument, determine circumstances in which individuals are not required to meet the activity requirements under section 17A.
History
S 14(1B) inserted by No 150 of 2005, s 3 and Sch 2 item 4, applicable to sessions of care provided:
(a) during the first week commencing after 1 July 2006; and
(b) during subsequent weeks.
14(1C)
The Minister may, by legislative instrument, determine that one or more of the classes of individuals specified in a determination under subsection 15(2) are classes of individuals who must meet the activity requirements under section 17A.
History
S 14(1C) inserted by No 150 of 2005, s 3 and Sch 2 item 4, applicable to sessions of care provided:
(a) during the first week commencing after 1 July 2006; and
(b) during subsequent weeks.
14(2)
The Minister may, by legislative instrument, determine that individuals included in a specified class are exempt from the requirements of paragraphs (1)(a), (b) and (c).
History
S 14(2) amended by No 108 of 2006, s 3 and Sch 8 item 18, by inserting
"
, by legislative instrument,
"
after
"
Minister may
"
, effective 27 September 2006.
14(3)
An individual covered by a determination under subsection (2) is taken to satisfy the work/training/study test while the determination is in force.
14(4)
(Repealed by No 108 of 2006)
History
S 14(4) repealed by No 108 of 2006, s 3 and Sch 8 item 19, effective 27 September 2006. S 14(4) formerly read:
14(4)
A determination under this section is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901
.