31Temporarily incapacitated person exempt from the activity test

31 Temporarily incapacitated person exempt from the activity test

(1) A person is exempt from the activity test for a period if: (a) throughout the period, because of sickness or an accident, the person is incapacitated and cannot undertake any activities for the purposes of the activity test for more than 8 hours a week; and (b) in the Secretary’s opinion, no activities are of a kind that the person could be reasonably expected to undertake for the purposes of the activity test for more than 8 hours a week; and (c) the incapacity is caused wholly, or virtually wholly, by a medical condition arising from the sickness or accident; and (d) the incapacity is, or is likely to be, of a temporary nature; and (e) the person has, whether before or after the commencement of this section, given the Secretary a certificate of a medical practitioner, in a form approved by the Secretary, stating: (i) the medical practitioner’s diagnosis; and (ii) the medical practitioner’s prognosis; and (iii) that the person is incapacitated and cannot undertake any activities for the purposes of the activity test for more than 8 hours a week; and (iv) the period for which the person is incapacitated; and (f) the Secretary is satisfied that the incapacity has not been brought about with a view to obtaining an exemption from the activity test.

Note: A person who is exempt from the activity test under this section may still be taken to contribute a significant part of his or her labour to a farm enterprise (see section 11).

Requirements for making decisions (2) The Secretary must comply with any requirements prescribed by the Minister’s rules in deciding the following: (a) whether paragraph (1)(a), (c) or (d) applies to a person for a period; (b) whether, for the purposes of paragraph (1)(b), an activity is of a kind that a person could be reasonably expected to undertake.