Social Security (Administration) Act 1999

For the purposes of this Act, a proof of life certificate that relates to a person is a certificate that:

is expressed to relate to the person; and

complies with the requirements of subsections (2), (3), (4), (5) and (6); and

is in a form approved by the Secretary; and

contains such other information (if any) as required by the approved form.

A proof of life certificate that relates to a person must include a statement to the effect that the person is alive.

The statement mentioned in subsection (2) must be:

signed and dated by the person; or

if:

the approved form allows another person to sign the statement on behalf of the person if one or more specified requirements are met; and

those requirements are met;

A proof of life certificate that relates to a person must include a statement by an authorised certifier to the effect that:

the authorised certifier has sighted the person while in the physical presence of the person; and

the authorised certifier has verified the identity of the person using the method, or one of the methods, set out in the approved form; and

the authorised certifier is satisfied that the person is alive.

The statement mentioned in subsection (4) must be signed and dated by the authorised certifier.

Both:

the statement mentioned in subsection (2); and

the statement mentioned in subsection (4);

Section 25C of the Acts Interpretation Act 1901 does not apply to a proof of life certificate.

For the purposes of this section, an authorised certifier is a person included in a class of persons specified in a determination under subsection (9).

The Secretary may, by legislative instrument, determine one or more classes of persons for the purposes of subsection (8).

To avoid doubt, it is immaterial whether any or all of the persons included in such a class are in or outside Australia.