Document ID: chunk:federal_register_of_legislation:C2004A03971:section:1990:p17
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 1990 (pt 17/38)
Character Range: 60573–63371

of the person specifying a condition or conditions of the person.

"(3) Subsections (4) to (8), inclusive, also apply where the Commissioner is satisfied, in respect of a person who is a relevant person:

    (a) that, in connection with an application under subsection 16ab (2) for the revocation of a certificate issued in respect of

    the person, a person (in this section called the 'non-discloser'), being:

(i) the relevant person; or

(ii) the applicant; or

(iii) a person acting on the applicant's behalf; or

(iv) a person on whose behalf the applicant was acting;

    failed to answer properly a question asked of him or her or gave false or misleading information; and

    (b) that, if the non-discloser had answered the question properly or had not given that false or misleading information:

       (i) where there is in force, or there was in force immediately before the relevant person's retirement or death, a benefit classification certificate in respect of the relevant person— a condition or conditions of the relevant person not specified in the certificate would be or would have been so specified; or

       (ii) where subparagraph (i) does not apply—there would be in force, or there would have been in force immediately before the relevant person's retirement or death, a benefit classification certificate in respect of the relevant person specifying a condition or conditions of the relevant person.

"(4) If subparagraph (2) (b) (i) or (3) (b) (i) applies, the Commissioner shall revoke the certificate and issue in substitution for it a new benefit classification certificate in which the condition or conditions referred to in that subparagraph is or are specified either in addition to, or instead of, the condition, or some or all of the conditions, specified in the revoked certificate.

"(5) If subparagraph (2) (b) (ii) or (3) (b) (ii) applies, the Commissioner shall issue in respect of the relevant person a benefit classification certificate specifying the condition or conditions referred to in that subparagraph.

"(6) Except for the purposes of this section, a certificate revoked under subsection (4) is taken never to have been issued.

"(7) A certificate issued under subsection (4) in substitution for a revoked certificate is taken to have been issued on the day on which, and under the provision under which, the revoked certificate was issued.

"(8) A certificate issued under subsection (5) shall be taken to have been issued on the day, and under the provision, that the Commissioner determines to be the day on which, and the provision under which, a benefit classification certificate would have been issued, or would have been taken to have been issued, as the case requires, in respect of the relevant person if the relevant person, or