42EConnection failures

42E  Connection failures  (1) The Secretary may determine that a person commits a connection failure if:  (a) the person commits any of the failures mentioned in subsection (2); and  (b) the person receives an instalment of a participation payment for the instalment period in which the person commits the failure. Note: A reconnection requirement may be imposed for a connection failure (see section 42G).  (2) For the purposes of subsection (1), the failures are the following:  (a) the person fails to comply with a requirement that was notified to the person under subsection 63(2) or (4);  (b) the person fails to comply with a requirement, under section 40A, to enter into an employment pathway plan;  (c) the person fails to attend an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person;  (d) the person is issued with a notice under subsection 42F(1) and fails to comply with it within the period specified in the notice;  (e) the person fails to comply with subsection 42F(2);  (f) the person fails to comply with a requirement included in an employment pathway plan that is in force in relation to the person to undertake a certain number of job searches per fortnight;  (g) the person fails to comply with a requirement included in an employment pathway plan that is in force in relation to the person:  (i) to keep a record of the person’s job searches in a document referred to in the plan as a job seeker diary; and  (ii) to return the job seeker diary to the Department at the end of the period specified in the plan.  (3) The Secretary may determine that a person commits 2 or more connection failures on a day. Limitations on determining connection failures  (4) Despite subsection (1), the Secretary must not determine that a person commits a connection failure if:  (b) both of the following apply:  (i) the person’s failure is a failure to comply with a requirement under section 40A to enter into an employment pathway plan;  (ii) a youth allowance is not payable to the person for the instalment period in which the person commits the failure because of section 547AA of the 1991 Act; or  (c) both of the following apply:  (i) the person’s failure is a failure to comply with a requirement under section 40A to enter into an employment pathway plan;  (ii) a jobseeker payment is not payable to the person for the instalment period in which the person commits the failure because of section 615 of the 1991 Act; or  (d) the person is a new apprentice; or  (da) the person is someone to whom section 42SB applies; or  (e) in the case of a failure under paragraphs (2)(d) to (g)—the person is receiving parenting payment. Note: The Secretary must take certain matters into account for the purposes of paragraph (4)(a) and may be prohibited from taking other matters into account for those purposes (see section 42U). For the purposes of paragraph (4)(a), see also section 42UA (about prior notification of excuses).