Document ID: chunk:federal_register_of_legislation:C2022C00264:section:16ac:p1
Version: federal_register_of_legislation:C2022C00264
Segment Type: section
Provision Reference: s 16AC (pt 1/3)
Character Range: 98539–101212

16AC  Issue of benefit classification certificate where duty of disclosure breached
 (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 CSC 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 CSC is satisfied, in respect of a person who is a relevant person:
 (a) that, in connection with an application under subsection 16AB(2) for the revocation of a certificate issued in respect of the person, a person (in this section called the non‑discloser), being:
 (i) the relevant person; or
 (ii) the applicant; or
 (iii) a person acting on the applicant's behalf; or
 (iv) a person on whose behalf the applicant was acting;
  failed to answer properly a question asked of him