Secretary may require recipient to give information, produce documents or appear before an officer
54AA Secretary may require recipient to give information, produce documents or appear before an officer
The Secretary may give to a person who is receiving a service pension, income support supplement, a veteran payment or benefits under Division 12 a notice requiring the person:
to provide the Department, or an officer specified in the notice, with information; or
to produce to the Department, or an officer specified in the notice, documents in the custody or under the control of the person; or
to appear before an officer of the Department specified in the notice to answer questions;
relating to a matter that may affect the payment of the pension, supplement or payment or the provision of the benefits.
A reference in subsection (1) to a person receiving a service pension, income support supplement or a veteran payment 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.
The Secretary may give to a person whose claim or application for a service pension or income support supplement is under consideration by the Commission or the Administrative Review Tribunal a notice requiring the person:
to provide the Department, or an officer specified in the notice, with information; or
to produce to the Department, or an officer specified in the notice, documents in the custody or under the control of the person; or
to appear before an officer of the Department specified in the notice to answer questions;
relating to the claim or application.
Subject to subsections (4A) and (5), the notice:
must be in writing; and
may be given personally or by post; and
must specify:
when and how the person is to provide the information or produce the documents; or
when and where the person is to appear before the officer.
A document lodged as a consequence of a notice under subsection (1) or (3) that requires a person to provide the Department with information of a kind to which paragraph (a) of that subsection applies:
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 person must not be required to provide the information, produce the documents or appear to answer questions within a period of less than 14 days after the notice is given.
The Secretary may require the person to give or verify the information or answers:
on oath or affirmation; and
either orally or in writing.
The Secretary or specified officer may administer an oath or affirmation to the person.
A person must not fail to comply with a notice under subsection (1) or (3).
Penalty: Imprisonment for 6 months.
An offence under subsection (7) 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 (7) 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 (9). See subsection 13.3(3) of the Criminal Code.
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