Document ID: chunk:federal_register_of_legislation:C2024C00825:section:119wa:p3
Version: federal_register_of_legislation:C2024C00825
Segment Type: section
Provision Reference: s 119WA (pt 3/4)
Character Range: 401787–404292

by notice in writing given to the relevant person or to the relevant person and the other person, as the case may be, revoke the suspension with effect from such day as the Commissioner determines, being a day not later than:
 (c) in a case to which subparagraph (i) of paragraph (b) applies—the day on which the relevant person so complied with the notice; or
 (d) in a case to which subparagraph (ii) of paragraph (b) applies—the day on which the Commissioner became so satisfied.
 (11) Where:
 (a) because of a request having been made to revoke the suspension of the pension of a person (in this subsection referred to as the relevant person), a notice under subsection (8) is given to the relevant person or to the relevant person and another person; and
 (b) the relevant person fails to comply with the notice and the Commissioner is not satisfied that there was a reasonable excuse for the failure;
the Commissioner shall, by notice in writing given to the relevant person or to the relevant person and the other person, as the case may be, refuse to revoke the suspension.
 (12) A notice under subsection (11) shall set out the effect of section 119WB.
 (13) Where a person whose pension has been suspended under subsection (3) dies before the pension again becomes payable, the person shall, for the purposes of subsection 47(1) or 48(2), be deemed to have been in receipt of pension at the time of the person's death and, for the purposes of sections 47 and 48, the pension shall be deemed to have been payable at the rate at which it would have been payable to the person if it had not been suspended.
 (14) Where pension again becomes payable to a person whose pension was suspended under subsection (3), the person shall, for the purposes of the application of Part XI in relation to the pension, be deemed to have been in receipt of pension during the period of the suspension at the rate at which it would have been payable to the person if it had not been suspended.
 (15) The cost of any medical examination carried out for the purposes of this section shall be treated as part of the cost of the administration of this Act.
 (16) Where the Commissioner is required by this section to give a person a notice, the notice shall be taken to have been given to the person if:
 (a) the notice is served on the person personally;
 (b) the notice is sent to the person by pre‑paid post as a letter and the person acknowledges receipt of the letter; or
 (c) where the Commissioner has caused all