Document ID: chunk:federal_register_of_legislation:C2004A03971:section:1990:p18
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 1990 (pt 18/38)
Character Range: 63137–65819

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 the non-discloser, as the case

may be, had answered the question properly, or had not given the false or misleading information, as the case may be.

"(9) For the purposes of this section, a person answers a question properly if, and only if, he or she gives in answer to the question all the information that he or she could reasonably be expected to give, on the basis of:

    (a) his or her knowledge about the relevant matters; and

    (b) the knowledge that, having regard to his or her knowledge about the relevant matters, he or she could reasonably be expected to have about those matters;

if he or she answered the question fully and truthfully on the basis of the knowledge referred to in paragraphs (a) and (b).

"(10) In subsection (9):

'relevant matters', in relation to a question asked of a person, means:

   (a) in any case—the matters that the person could reasonably be expected to regard as relevant to answering the question; and

    (b) if the question is asked of the person:

       (i) at or in connection with a medical examination that the person was required under subsection 16 (2) or (6) or 16ab (3) to undergo; or

       (ii) in connection with a request by the person under subsection 16 (6); or

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

the person's medical history and past and present state of physical and mental health.

Service of certificates and of related notices

"16ad. (1) The Commissioner must serve:

   (a) a copy of a benefit classification certificate; or

   (b) notice of the revocation of a benefit classification certificate; or

   (c) notice of a refusal by the Commissioner of a request or application made under subsection 16 (6) or 16ab (2) in relation to a benefit classification certificate;

on:

   (d) in any case—the person to whom the certificate relates; and

   (e) in the case of:

       (i) a copy of a certificate issued under subsection 16ab (5) on an application made under subsection 16ab (2); or

       (ii) notice of a refusal by the Commissioner of an application made under subsection 16ab (2);

the applicant.

"(2) Where subsection (1) requires a copy or notice to be served on a person and the person has died, the Commissioner must serve the copy or notice on:

   (a) the person's personal representative; or

   (b) such other person or persons as the