Document ID: chunk:federal_register_of_legislation:C2004A04616:section:2:p17
Version: federal_register_of_legislation:C2004A04616
Segment Type: section
Provision Reference: s 2 (pt 17/32)
Character Range: 80995–83696

(a) a decision (the 'previous decision') is made that a person is not entitled to a seniors health card; and

     (b) no notice is given to the person advising the person of the making of the previous decision; and

     (c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and

     (d) a determination that the person is entitled to a seniors health card is made as a result of the claim for review;

the determination takes effect on the day on which the previous decision took effect.

"Division 4—Cardholder's obligations

Secretary may require notice of the happening of event or a change in circumstances

"1061ZK.(1) The Secretary may give a person who is the holder of a seniors health card a notice that requires the person to inform the Department if:

  (a) a specified event or change of circumstances occurs; or

     (b) the person becomes aware that a specified event or change of circumstances is likely to occur.

Note: For 'holder of a seniors health card' see section 6A.

"(2) An event or change of circumstances is not to be specified in a notice under subsection (1) unless the occurrence of the event or change of circumstances might affect the person's qualification for the card.

  "(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 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) The period specified under paragraph (3)(d) must end at least 14 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.

"(5) 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.

  "(6) 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 particular information relevant to qualification for seniors health card

"1061ZL.(1) The Secretary may give a person