Document ID: chunk:federal_register_of_legislation:C2004A00927:clause:1_1185ab
Version: federal_register_of_legislation:C2004A00927
Segment Type: clause
Provision Reference: sch 1 cl 1185AB
Character Range: 1909–3828

1185AB  Pre‑assessment request

Pre‑assessment request

 (1) For the purposes of this Part, a pre‑assessment request is a written request by a person:
 (a) for advice about whether this Part would apply to the person, or to the person's partner, in the event that a proposed transfer were to take place; and
 (b) that sets out sufficient information to enable the advice to be given.

 (2) For the purposes of subsection (1), a written request does not include a request made by email.

Contact by telephone etc.—timing of request

 (3) For the purposes of this Part, if:
 (a) a person contacted the Department or the Agency:
 (i) by telephone; or
 (ii) by fax; or
 (iii) by email; or
 (iv) in person;
  for advice about whether this Part would apply to the person, or to the person's partner, in the event that a proposed transfer were to take place; and
 (b) the person followed up that contact by lodging a pre‑assessment request with the Department or Agency within 21 days after the day on which the person contacted the Department or Agency;
the person is taken to have lodged the pre‑assessment request on the day on which the person contacted the Department or Agency.

Affirmative response to pre‑assessment request

 (4) For the purposes of this Part, if a person lodges a pre‑assessment request, the Department or the Agency is taken to have responded affirmatively to that request if, and only if, the Secretary, or an officer of the Agency, gives the person a written notice:
 (a) that contains advice to the effect that this Part would apply to the person, or to the person's partner, in the event that the proposed transfer were to take place; and
 (b) that specifies the date on which the notice was issued.

Timing of response

 (5) The Department or the Agency is taken to have responded to a pre‑assessment request on the date specified in the notice as the date on which the notice was issued.