Secretary may require notification of an event or change of circumstances
54 Secretary may require notification of an event or change of circumstances
The Secretary may give a person:
to whom a service pension, income support supplement or a veteran payment is being paid; or
whose claim or application for a service pension or income support supplement, or whose eligibility for a veteran payment, is under consideration by the Commission or the Administrative Review Tribunal; or
who is receiving benefits under Division 12;
a notice that requires the person to inform the Department, or an officer specified in the notice, if:
a specified event or change of circumstances occurs; or
the person becomes aware that a specified event or change of circumstances is likely to occur.
A reference in subsection (1) to a person to whom a service pension, income support supplement or veteran payment is being paid includes a person to whom the whole or a part of the pension, supplement or payment is being paid for the purpose of being applied for the benefit of the person entitled to the pension, supplement or payment.
An event or change of circumstances is not to be specified in a notice under subsection (1) unless the occurrence of that event or change of circumstances might affect:
the payment to the person of the pension or veteran payment; or
the provision of benefits under Division 12.
A notice under subsection (1):
must be in writing; and
may be given personally or by post; and
must specify the period within which, and, subject to subsection (4A), the manner in which the person is to give the information to the Department or specified officer.
A document lodged as a consequence of a notice issued under subsection (1) that requires a person to inform the Department of the occurrence, or likely occurrence, of a specified event or change of circumstances:
is to be lodged at an office of the Department in Australia in accordance with section 5T; and
is taken to have been lodged on a day determined under that section.
The period specified under paragraph (4)(c) must end not later than 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.
If the Secretary is satisfied that there are special circumstances related to the person to whom the notice under subsection (1) is to be given, the period to be specified under paragraph (4)(c) 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:
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 spite of subsection (5), if a notice under subsection (1) specifies an event that consists of the death of a person, the person to whom the notice is given is taken, for the purposes of this Act, to have informed the Department or the officer specified in the notice, as the case may be, of the death within the period specified in the notice if he or she informs the Department or officer of the death within the bereavement period.
A person must not fail to comply with a notice under subsection (1).
Penalty: Imprisonment for 6 months or 10 penalty units, or both.
An offence under subsection (6) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
A person does not commit an offence under subsection (6) 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 (8). See subsection 13.3(3) of the Criminal Code.
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