Document ID: chunk:federal_register_of_legislation:C2024C00832:section:11:p1
Version: federal_register_of_legislation:C2024C00832
Segment Type: section
Provision Reference: s 11 (pt 1/2)
Character Range: 23857–26432

11  Notice of proposed action
 (1) Subject to subsections (1A), (1B) and (4), where, solely or partly because of information given in Step 1, 4 or 6 of a data matching cycle, an assistance agency considers taking action:
 (a) to cancel or suspend any personal assistance to; or
 (b) to reject a claim for personal assistance to; or
 (c) to reduce the rate or amount of personal assistance to; or
 (d) to recover an overpayment of personal assistance made to;
a person, the agency:
 (e) must not take that action unless it had given the person written notice:
 (i) giving particulars of the information and the proposed action; and
 (ii) stating that the person has 28 days from the giving of the notice in which to show cause orally or in writing why the action should not be taken; and
 (f) must not take that action until the person has responded orally or in writing to the notice or the 28 days end, whichever occurs first.
 (1A) Subsection (1) does not apply to action that is necessary to correct or avoid a result solely caused by an administrative error on the part of the assistance agency.
 (1B) If the assistance agency takes action referred to in subsection (1A), it must give the person written notice, with particulars of the information and the action:
 (a) if practicable—before the action is taken; or
 (b) if not—as soon as practicable after the action has been taken.
 (2) Subject to subsection (5), where, solely or partly because of information given in Step 1, 4 or 6 of a data matching cycle, the tax agency considers taking action to issue an assessment or an amended assessment of tax to a person, the agency:
 (a) must not take that action unless it has given the person written notice:
 (i) giving particulars of the information and the proposed action; and
 (ii) stating that the person has 28 days from the giving of the notice in which to show cause in writing why the action should not be taken; and
 (b) must not take that action until the person has responded in writing to the notice or the 28 days end, whichever occurs first.
 (3) Notice under subsection (1) or (2) is to be given by post addressed to the person at the most recent address of the person known to the agency.
 (4) The assistance agency may take action described in subsection (1) without complying with paragraphs (1)(e) and (f) if compliance would prejudice the effectiveness of an investigation into the possible commission of an offence.
 (5) The tax agency may take action described in subsection (2) without complying with paragraphs (2)(a) and (b) if compliance would