Document ID: chunk:federal_register_of_legislation:C2024C00637:section:16
Version: federal_register_of_legislation:C2024C00637
Segment Type: section
Provision Reference: s 16
Character Range: 24640–26135

16  Decision to give subsidy certificate—general

Scope
 (1) This section applies if a person applies for a subsidy certificate in accordance with section 14.

Decision to give, or to refuse to give, subsidy certificate
 (2) The Secretary must give a subsidy certificate to the applicant if:
 (a) section 17, 18, 19 or 20 applies; and
 (b) either:
 (i) the applicant has a service credit (see section 46); or
 (ii) for a case in which section 18 (surviving partners) applies—the applicant has a service credit, or would, if the subsidy certificate were in force, have a service credit (because of the operation of section 63).
Note: As soon as a subsidy certificate given under section 18 (surviving partners) comes into force, the surviving partner has the service credit the deceased partner would have had, if he or she had not died (see sections 63 and 64).
 (3) The Secretary:
 (a) must refuse to give a subsidy certificate to the applicant if subsection (2) does not apply; and
 (b) despite subsection (2), may refuse to give a subsidy certificate to the applicant under that subsection if, in relation to a previous entitlement period:
 (i) the applicant failed to comply with section 42 (which deals with the disclosure of changes of circumstances); or
 (ii) the Secretary has revoked an authorisation of the payment of subsidy to the applicant under section 44.
Note: Part 5 provides for the administrative review of a decision to refuse to give a subsidy certificate to an applicant.