Document ID: chunk:federal_register_of_legislation:C2018A00064:clause:5_99abh:p1
Version: federal_register_of_legislation:C2018A00064
Segment Type: clause
Provision Reference: sch 5 cl 99ABH (pt 1/2)
Character Range: 78325–80957

99ABH  Power to obtain information relating to a debt
 (1) The Secretary may, by written notice given to a person who owes a debt to the Commonwealth for which notice has been served as mentioned in subsection 99ABC(4), require the person to do either or both of the following:
 (a) give to the Secretary information in writing that is relevant to the person's financial situation;
 (b) produce to the Secretary a document that is in the person's custody or under the person's control and is relevant to the person's financial situation.
 (2) An individual who owes a debt to the Commonwealth for which notice has been served as mentioned in subsection 99ABC(4) must, within 14 days after the notice is served, notify the Secretary of an address for the purposes of giving documents to the individual relating to the debt.
Civil penalty: 20 penalty units.
 (3) If:
 (a) an individual owes a debt to the Commonwealth for which notice has been served as mentioned in subsection 99ABC(4); and
 (b) the individual has notified the Secretary of an address under subsection (2) of this section; and
 (c) the address changes;
then the individual must notify the Secretary of the change within 14 days after the change.
Civil penalty: 20 penalty units.
 (4) If the Secretary reasonably believes that a person may have information or a document:
 (a) that would help the Secretary locate another person (the debtor) who owes a debt to the Commonwealth for which notice has been served as mentioned in subsection 99ABC(4); or
 (b) that is relevant to the debtor's financial situation;
the Secretary may, by written notice given to the person, require the person to give the information in writing, or produce the document, to the Secretary.
 (5) A notice under subsection (1) or (4) must specify the following:
 (a) how the person is to give the information in writing or produce the document;
 (b) the period (which must be at least 14 days after the day the notice is given) within which the person is to give the information in writing or produce the document;
 (c) that the notice is given under subsection (1) or (4) (as the case requires).
 (6) A person contravenes this subsection if:
 (a) the person is given a notice under subsection (1) or (4) requiring the person to give information in writing or produce a document; and
 (b) the person fails to comply with the requirement within the period specified in the notice.
Civil penalty: 20 penalty units.
 (7) Subsection (2), (3) or (6) does not apply if the person has a reasonable excuse.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to