Document ID: chunk:federal_register_of_legislation:C2004A04731:section:10:p5
Version: federal_register_of_legislation:C2004A04731
Segment Type: section
Provision Reference: s 10 (pt 5/26)
Character Range: 102694–105554

to be given to the Department; and

    (d) must specify the period within which the person is to give the statement to the Department; and

    (e) must specify that the notice is a recipient statement notice given under this Act.

"(3) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).

"(4) The period specified under paragraph (2)(d) must end at least 7 days after the day on which the notice is given.

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

"(6) 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: Subsections 4B(2) and (3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.

  "(7) This section extends to:

     (a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and

  (b) all persons irrespective of their nationality or citizenship.

"Division 8—Continuation, variation and termination

"Subdivision A—General

Continuing effect of determination

Entitlement determination

  "771NA.(1) A determination that:

  (a) a person's claim for partner allowance is to be granted; or

  (b) partner allowance is payable to a person;

continues in effect until:

     (c) the allowance ceases to be payable under section 771NB, 771NC, 771ND, 771NE or 771NF; or

     (d) a further determination in relation to the allowance under section 771NN or 771NO has taken effect.

Note 1: A determination to grant a claim for partner allowance is made under section 771JB.

    Note 2: A determination that partner allowance is payable to a person is necessary where the determination is to reverse an earlier determination to cancel or suspend the allowance (see section 771NQ).

    Note 3: If changes are made to a person's partner allowance payments because of the operation of a computer program, a determination is taken to have been made in certain circumstances (see section 771NP).

Rate determination

"(2) A determination of the rate of partner allowance continues in effect until:

     (a) the allowance becomes payable at a lower rate under section 771NH, 771NI or 771NJ; or

     (b) a further determination in relation to the allowance under section 771NL or 771NM has taken effect.

Note: For paragraph (b) see also section 771NP.

"Subdivision B—Automatic termination

Automatic termination—transfer to new payment type

  "771NB. If:

  (a) a person is receiving partner allowance; and

     (b) a social security pension, another social security benefit or a service pension becomes payable