Document ID: chunk:federal_register_of_legislation:C2004A03392:body:0:p24
Version: federal_register_of_legislation:C2004A03392
Segment Type: other
Provision Reference: 
Character Range: 58808–61528

from such day as the Commissioner determines, being a day not later than—
           (c) in a case to which sub-paragraph (b) (i) applies—the day on which the relevant person so complied with the notice; or
           (d) in a case to which sub-paragraph (b) (ii) applies—the day on which the Commissioner became so satisfied.
     "(5f) Where—
           (a) because of a request having been made to revoke the suspension of the invalidity pension of a person (in this sub-section referred to as the 'relevant person'), a notice under sub-section (5c) is given to the relevant person or to the relevant person and another person; and

           (b) the relevant person fails to comply with the notice and the Commissioner is not satisfied that there was a reasonable excuse for the failure, the Commissioner shall, by notice in writing given to the relevant person or to the relevant person and the other person, as the case may be, refuse to revoke the suspension.
     "(5g) A notice under sub-section (5f) shall set out the effect of section 74a."; and
     (e) by adding at the end the following sub-sections:
     "(9) Where the Commissioner is required by this section to give a person a notice, the notice shall be taken to have been given to the person if—
          (a) the notice is served on the person personally;
          (b) the notice is sent to the person by pre-paid post as a letter and the person acknowledges receipt of the letter; or
          (c) where the Commissioner has caused all reasonable steps to be taken to ascertain a reliable address of the person, the notice is sent to the person by pre-paid post to—
             (i) in a case where the Commissioner is satisfied that at least one reliable address of the person has been ascertained—that reliable address, or one of the reliable addresses, ascertained; or
             (ii) in any other case—the last address of the person known to the Commissioner.
     "(10) A reference in sub-section (9) to a reliable address of a person shall be read as a reference to an address where, if a letter were sent to the person by pre-paid post to the address, the person would probably receive the letter.
     "(11) Nothing in this section shall be taken, by implication, to exclude or limit the application of section 154 to decisions under this section that are reviewable decisions within the meaning of that section.".
(3) Section 74 of the Principal Act is amended—
(a) by omitting paragraph (1) (b) and substituting the following paragraph:
         "(b) to give in writing to the Commissioner, within such period as is specified in the notice, being a period that ends before the person attains the age of 65 years—
             (i) such