Veterans' Entitlements Act 1986

The Secretary may serve on:

a person to whom a pension, allowance or other benefit under this Act is being paid, including a person to whom the whole or a part of such a pension, allowance or benefit is being paid for the purpose of being applied for the benefit of the pensioner;

a person whose claim or application for a pension, attendant allowance, recreation transport allowance or essential medical equipment payment under this Act is under consideration by the Commission, the Board or the Administrative Review Tribunal;

a person who is being provided with treatment under Part V; or

a person whose application to be provided with treatment under Part V is under consideration by the Commission;

if:

an event or change of circumstances specified in the notice occurs; or

the person becomes aware that an event or change of circumstances so specified is likely to occur;

subject to subsection (2A)—in the manner specified in the notice; and

within such period after the occurrence of that event or change of circumstances, or after the person becomes so aware, as the case may be, as is specified in the notice; or

requiring the person to give to the Department, or to an officer specified in the notice, a statement, in accordance with a form approved by the Commission:

subject to subsection (2A)—in the manner specified in the notice; and

within the period specified in the notice;

An event or change of circumstances shall not be specified in a notice referred to in paragraph (1)(e) unless the occurrence of that event or change of circumstances might affect the payment of a pension, allowance or other pecuniary benefit under this Act or the provision of treatment under Part V.

A document lodged as a consequence of a notice under subsection (1) that either:

requires a person to inform the Department in writing of the occurrence or likely occurrence of an event or change of circumstances specified in the notice; or

requires the person to give the Department a statement relating to a matter referred to in paragraph (1)(f) that is specified in the notice;

The period for compliance specified in a notice in accordance with subsection (1) shall not be less than 14 days.

A notice under subsection (1) may specify an event or change of circumstances by referring to an event or change of circumstance set out in a document referred to in the notice (being a document a copy of which is served on the person with the notice) and, if the notice does so, the event or change of circumstances shall be deemed, for the purposes of this section, to be specified in the notice.

Where a notice under subsection (1) specifies an event or change of circumstances by referring to an event or change of circumstances set out in a document, it may specify the period within which notification of the occurrence, or likely occurrence, of the event or change of circumstances is to be furnished to the Department by reference to the period set out in that document in respect of that event or change of circumstances and, if the notice does so, the period shall be deemed, for the purposes of this section, to be specified in the notice.

A person who has been given a notice under subsection (1) must not fail to comply with the notice.

An offence under subsection (4) is an offence of strict liability.

For strict liability, see section 6.1 of the Criminal Code.

Subsection (4) does not apply to the extent that the person is not capable of complying with the notice.

The defendant bears an evidential burden in relation to the matter in subsection (6). See subsection 13.3(3) of the Criminal Code.