Document ID: chunk:federal_register_of_legislation:C2004A00406:clause:2_985
Version: federal_register_of_legislation:C2004A00406
Segment Type: clause
Provision Reference: sch 2 cl 985
Character Range: 107860–109923

985  Secretary may require recipient to give particular information relevant to payment of carer allowance

 (1) The Secretary may give a person to whom carer allowance is being paid a notice that requires the person to give the Department a statement about a matter that might affect the payment of the allowance to the person.

 (2) Subject to subsection (3), a notice under subsection (1):
 (a) must be in writing; and
 (b) may be given personally or by post; and
 (c) must specify how the statement is to be given to the Department; and
 (d) must specify the period within which the person is to give the statement to the Department; and
 (e) must specify that the notice is a recipient statement notice given under this Act.

 (3) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).

 (4) The period specified under paragraph (2)(d) must end at least 14 days after the day on which the notice is given.

 (5) A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary.

 (6) A person must not, without reasonable excuse, refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.

Penalty: Imprisonment for 6 months.

Note: Subsection 4B(2) of the Crimes Act 1914 allows a court that convicts an individual of an offence to impose a fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on the individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section 4AA of that Act.

 (7) This section extends to:
 (a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
 (b) all persons irrespective of their nationality or citizenship.

Division 9—Continuation, variation and termination

Subdivision A—General