76Reasonable excuses

76 Reasonable excuses

(1) The Secretary must not make a determination that a person has committed a qualification failure or a conduct failure if the person satisfies the Secretary that the person has a reasonable excuse for the failure. (2) A determination that a person has committed a qualification failure or a conduct failure is taken never to have been made if, after the Secretary makes the determination, the person satisfies the Secretary that the person had a reasonable excuse for the failure. Secretary’s rules (3) The Secretary’s rules may specify matters the Secretary must take into account in deciding whether a person has a reasonable excuse for committing a failure. (4) To avoid doubt, the Secretary’s rules do not limit the matters that the Secretary may take into account in deciding whether the person has a reasonable excuse. Requirements for reasonable excuses (5) An excuse for failing to satisfy the activity test cannot be a reasonable excuse for the purposes of paragraph 71(1)(c) unless: (a) before the start of the relevant activity on the day concerned, the person notified the excuse to the person or body specified in the financial improvement agreement as the person or body to whom prior notice should be given if the person is unable to undertake the activity; or (b) the Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to give the notification.