Document ID: chunk:federal_register_of_legislation:C2004A04731:section:10:p4
Version: federal_register_of_legislation:C2004A04731
Segment Type: section
Provision Reference: s 10 (pt 4/26)
Character Range: 100244–102925

payment of the allowance.

  "(3) Subject to subsection (4), 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 person is to give the information to the Department; and

    (d) must specify the period within which the person is to give the information to the Department; and

    (e) must specify that the notice is a recipient notification notice given under this Act.

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

"(5) Subject to subsections (6) and (7), the period specified under paragraph (3)(d) must end at least 7 days after:

  (a) the day on which the event or change of circumstances occurs; or

     (b) the day on which the person becomes aware that the event or change of circumstances is likely to occur.

"(6) If a notice requires the person to inform the Department of any proposal by the person to leave Australia, subsection (5) does not apply to that requirement.

"(7) If the notice requires information about receipt of a compensation payment, the period specified under paragraph (3)(d) in relation to that information must end at least 7 days after the day on which the person becomes aware that he or she has received or is to receive a compensation payment.

"(8) 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: Subsections 4B(2) and (3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.

  "(9) 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.

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

"771MD.(1) The Secretary may give a person to whom partner 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.