Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Secretary may end a person's serious failure period if:
(a) the person begins to comply with a serious failure requirement imposed on the person; or
(b) the Secretary determines that:
(i) the person does not have the capacity to undertake any serious failure requirement; and
(ii) serving the serious failure period would cause the person to be in severe financial hardship.
Note: For in severe financial hardship see subsection 14A(7) of the 1991 Act.
(1A) The Secretary may make a determination under paragraph (1)(b) on request or on his or her own initiative.
(2) The person's serious failure period ends on:
(a) if paragraph (1)(a) applies--the day before the person begins to comply with the requirement; or
(b) if the Secretary makes a determination under paragraph (1)(b) on request--the day before the request was made; or
(c) if the Secretary makes a determination under paragraph (1)(b) on his or her own initiative--the day before the Secretary makes the determination.
Note: For the day the Secretary makes the determination, see section 42Y.
(3) Section 42NC does not affect the operation of this section.