Document ID: chunk:federal_register_of_legislation:C2023C00380:clause:1_586b:p1
Version: federal_register_of_legislation:C2023C00380
Segment Type: clause
Provision Reference: sch 1 cl 586B (pt 1/2)
Character Range: 92047–94664

586B  Secretary may require notice from recipient of the happening of an event or a change in circumstances

Secretary may give notice requiring information
 (1) The Secretary may give a person to whom an austudy payment is being paid a notice that requires the person to tell the Department if:
 (a) a stated event or change of circumstances occurs; or
 (b) the person becomes aware that a stated event or change of circumstances is likely to occur.

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

Formalities related to notice
 (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 state how the person is to give the information to the Department; and
 (d) must state the period within which the person is to give the information to the Department; and
 (e) must state that the notice is a recipient notification notice given under this Act; and
 (f) must state the effect of failure by the person to comply with the requirement set out in the notice.

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

Period within which information to be given
 (5) Subject to subsections (6) and (7), the period stated under paragraph (3)(d) must end at least 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.

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

Information as to compensation payment
 (7) If the notice requires information about receipt of a compensation payment, the period stated under paragraph (3)(d) in relation to the information must end at least 14 days after the day on which the person becomes aware that he or she has received or is to receive a compensation payment.

Refusal or failure to comply with notice
 (8) A person must not, without reasonable excuse, intentionally or recklessly 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 Crimes Act 1914 allows a court that convicts an individual of