243AAAExclusion of sanction for first or second failure, if not failure to accept offer of suitable employment, and timely recompliance occurs

1. MSD must cancel the imposition of a sanction (for example, a non-financial sanction) for a first or second failure by a person (P) if—

2. the failure is not a failure to comply with the work-test obligation to accept any offer of suitable employment (see section 144(b)); and
3. P has been given a section 252 notice stating that, on the basis of P’s failure, MSD is reducing the rate of, or suspending, P’s benefit; and
4. P recomplies under section 261(1) or (2) or 263 within 5 working days from the giving of the section 252 notice in relation to the failure.