Document ID: chunk:federal_register_of_legislation:C2004A03971:section:1990:p16
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 1990 (pt 16/38)
Character Range: 58051–60813

(a) a certificate issued under subsection (5) in substitution for the first-mentioned certificate is taken to have been revoked at the time of the previous revocation; and

    (b) a certificate that was previously issued in substitution for the first-mentioned certificate is taken to have been issued in substitution for the certificate (if any) issued under subsection (5).

Issue of benefit classification certificate where duty of disclosure breached

"16ac. (1) In this section:

'condition' means a physical or mental condition;

'relevant person' means:

(a) a person:

(i) who is an eligible employee; and

(ii) who has not attained his or her maximum retiring age; and

(iii) whose period of contributory service, if the person were

to cease to be an eligible employee, would be less than 20 years; or

(b) a person:

      (i) who is or was an eligible employee to whom partial invalidity pension is or was payable in accordance with section 78; and

       (ii) whose period of contributory service, if the person had ceased to be an eligible employee at the time when partial invalidity pension became so payable, would have been less than 20 years; or

(c) a person:

       (i) who has ceased, because of death or retirement on the ground of invalidity, to be an eligible employee before attaining his or her maximum retiring age; and

(ii) whose period of contributory service is less than 20 years.

"(2) Subsections (4) to (8), inclusive, apply where the Commissioner is satisfied, in respect of a person who is a relevant person:

(a) that:

       (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 under subsection 16 (6) by the person;

    the person failed to answer properly a question asked of him or her or gave false or misleading information; and

    (b) that, if the person had answered the question properly or had not given that false or misleading information:

       (i) where there is in force, or there was in force immediately before the person's retirement or death, a benefit classification certificate in respect of the person—a condition or conditions of the person not specified in the certificate would be or would have been so specified; or

       (ii) where subparagraph (i) does not apply—there would be in force, or there would have been in force immediately before the person's retirement or death, a benefit classification certificate in respect of the person specifying a condition or conditions of the person.

"(3) Subsections (4) to (8), inclusive, also apply where the Commissioner is satisfied, in respect of a person who is a relevant person:

    (a) that, in connection with an