Section 42AI — Social Security (Administration) Act 1999: Reasonable excuses—matters that must or must not be taken into account

Matters to be taken into account (1) 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) a mutual obligation failure (see paragraph 42AF(2)(b)); or (b) a work refusal failure (see paragraph 42AG(1)(b)). (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 (3) 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) a mutual obligation failure (see paragraph 42AF(2)(b)); or (b) a work refusal failure (see paragraph 42AG(1)(b)).