Document ID: chunk:federal_register_of_legislation:C2004A00406:clause:2_984:p1
Version: federal_register_of_legislation:C2004A00406
Segment Type: clause
Provision Reference: sch 2 cl 984 (pt 1/2)
Character Range: 104684–107232

984  Secretary may require notice of the happening of an event or a change in circumstances

 (1) The Secretary may give a person to whom carer allowance is being paid a notice that requires the person to inform the Department if:
 (a) a specified event or change of circumstances occurs; or
 (b) the person becomes aware that a specified event or change of circumstances is likely to occur.

 (2) An event or change of circumstances is not to be specified in a notice under subsection (1) unless the occurrence of the event or change of circumstances might affect the payment of the allowance.

 (3) Subject to subsection (4), a notice under subsection (1):
 (a) must be in writing; and
 (b) may be given personally or by post; and
 (c) must specify how the person is to give the information to the Department; and
 (d) must specify the period within which the person is to give the information to the Department; and
 (e) must specify that the notice is a recipient notification notice given under this Act.

 (4) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).

 (5) Subject to subsections (6), (7) and (8), the period specified under paragraph (3)(d) must be the period of 14 days after:
 (a) the day on which the event or change of circumstances occurs; or
 (b) the day on which the person becomes aware that the event or change of circumstances is likely to occur.

 (6) If the Secretary is satisfied that there are special circumstances related to the person to whom the notice under subsection (1) is to be given, the period to be specified under paragraph (3)(d) is such period as the Secretary directs in writing, being a period that ends not less than 15 days, and not more than 28 days, after:
 (a) the day on which the event or change of circumstances occurs; or
 (b) the day on which the person becomes aware that the event or change of circumstances is likely to occur.

 (7) If a notice specifies an event consisting of the death of a person, the period to be specified under paragraph (3)(d) is a period of 28 days after the day on which the event occurs.

 (8) If a notice requires the person to inform the Department of any proposal by the person to leave Australia, subsection (5) does not apply to that requirement.

 (9) A person must not, without reasonable excuse, refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.

Penalty: Imprisonment for 6 months.

Note: Subsection 4B(2) of the