Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p46
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 118460–121103

misleading in a material particular is guilty of an offence punishable, on conviction, by imprisonment for not more than 12 months.

   Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.

Secretary may require a care receiver to give particular information relevant to the payment of carer service pension or income support supplement

"54E.(1) If a person is being paid a carer service pension or an income support supplement because he or she is providing constant care for a care receiver, the Secretary may give the care receiver a notice that requires the care receiver to give the Department, or an officer referred to in the notice, a statement about a matter that might affect the payment of the carer service pension or income support supplement.

"(2) A notice under subsection (1):

(a) must be in writing; and

SCHEDULE 6—continued

  (b) may be given personally or by post-, and

    (c) must state the period within which, and the manner in which, the care receiver is to give the information to the Department or officer.

"(3) The period stated under paragraph (2)(c) must end at least 14 days after the day on which the notice is given.

"(4) A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Commission.

"(5) A person must not refuse or fail to comply with a notice under subsection (1) to the extent to which the person is capable of complying with the notice.

Penalty: Imprisonment for 6 months.

"(6) A person who, in purporting to comply with a notice under subsection (1), knowingly gives information that is false or misleading in a material particular is guilty of an offence punishable, on conviction, by imprisonment for not more than 12 months.

    Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.

Secretary may require care receiver to give information, produce documents or appear before an officer

"54F.(1) If a person is being paid a carer service pension or an income support supplement because he or she is providing constant care for a care receiver, the Secretary may give the care receiver a notice that requires the care receiver:

  (a) to provide the Department, or an officer referred to in the notice, with information; or

    (b) to produce to the Department, or an officer referred to in the notice, documents in the custody or under the control of the care receiver; or

    (c) to appear before an officer referred to in