Social Security (Administration) Act 1999

A notice under this Subdivision:

must be given in writing; and

may be given personally or by post or in any other manner approved by the Secretary; and

must specify how the person is to give the information or statement to the Department; and

must specify:

in the case of a notice under section 68 that requires the giving of more than one statement, each relating to the payment of the social security payment in respect of a period—the date by which the person is to give each statement to the Department; or

in any other case—the period within which the person is to give the information or statement to the Department; and

must specify that the notice is an information notice given under the social security law.

A notice under this Subdivision is not invalid merely because it fails to comply with paragraph (1)(c) or (e).

A date specified for the purposes of subparagraph (1)(d)(i) must be no earlier than 7 days after:

the day on which the notice under section 68 is given; or

the day on which the period specified in the notice in relation to that first mentioned date begins;

Subject to subsections (4), (6) and (7), the period specified for the purpose of subparagraph (1)(d)(ii) must:

in the case of a notice under section 67, 68 or 69 that requires the giving of information about an event or change of circumstances consisting of the receipt by the person of a compensation payment—be the period of 7 days after the day on which the person becomes aware that he or she has received, or is to receive, a compensation payment; or

in the case of a notice under section 67, 68 or 69 that requires the giving of any other information, or a notice under section 70—be the period of 14 days after:

the day on which the event or change of circumstances occurs; or

the day on which the person becomes aware that the event or change of circumstances is likely to occur;

in the case of a notice under section 67 or 68 that requires the giving of a statement that relates to the payment of the social security payment in respect of a period specified in the notice—end not earlier than 7 days after the day on which the notice is given; or

in the case of a notice under section 67, 68 or 69 that requires the giving of a statement, not being a notice to which paragraph (c) applies—end not earlier than 14 days after the day on which the notice is given; or

in the case of a notice under section 70AA that requires the giving of information mentioned in paragraph 70AA(2)(a)—be the period of 14 days after:

the day on which the event or change of circumstances occurs; or

the day on which the person becomes aware that the event or change of circumstances is likely to occur;

in the case of a notice under section 70AA that requires the giving of a statement mentioned in paragraph 70AA(2)(b)—end not earlier than 14 days after the day on which the notice is given; or

in the case of a notice under section 70A that requires the giving of information mentioned in paragraph 70A(2)(a)—be the period of 14 days after:

the day on which the event or change of circumstances occurs; or

the day on which the person becomes aware that the event or change of circumstances is likely to occur;

in the case of a notice under section 70A that requires the giving of a statement mentioned in paragraph 70A(2)(b)—end not earlier than 14 days after the day on which the notice is given.

If the Secretary is satisfied that there are special circumstances related to a person who is to be given a notice under this Subdivision that requires the giving of information about an event or change of circumstances, the period to be specified for the purpose of subparagraph (1)(d)(ii) is such period as the Secretary directs in writing, being a period that ends not less than 15 days, and not more than 28 days, after:

in the case of a notice under section 67, 68, 70AA or 70A:

the day on which the event or change of circumstances occurs; or

the day on which the person becomes aware that the event or change of circumstances is likely to occur; or

in the case of a notice under section 69—the day on which the notice is given.

If a notice under section 67, 68, 70AA or 70A specifies an event consisting of the death of a person, the period to be specified under subparagraph (1)(d)(ii) is a period of 28 days after the day on which the event occurs.

To the extent that a notice under section 67, 68, 70AA or 70A requires a person to inform the Department of any proposal by the person to leave Australia, subsection (3) does not apply to the notice.

For the purposes of any provision of this Act, other than section 74 or a provision of Part 6, a person is taken to have failed to comply with a notice under this Subdivision if, in response to the notice:

the person gives information or a statement; and

the information or statement is false or misleading; and

the person is reckless as to whether the information or statement is false or misleading.

Nothing in this section prevents the giving of more than one notice under this Subdivision to the same person in relation to:

a claim by the person for the same social security payment or concession card; or

the receipt by the person of the same social security payment; or

the holding by the person of the same concession card.