Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p31
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 78580–81309

of Division 3 of Part III:

Secretary may require claimant to take action to obtain a comparable foreign pension

  "36JA.(1) If:

  (a) a person has claimed an age service pension; and

     (b) the Secretary is satisfied that the claimant may be entitled to a comparable foreign pension if the claimant applied for that pension;

the Secretary may give the claimant a notice that requires the claimant to take reasonable action to obtain the comparable foreign pension.

  "(2) The notice:

  (a) must be in writing; and

  (b) must be given personally or by post; and

     (c) must specify the period within which the reasonable action is to be taken.

"(3) The period specified under paragraph (2)(c) must end at least 14 days after the day on which the notice is given.

  "(4) The Commission may reject a claim if:

  (a) the claimant is given the notice; and

    (b) the Commission is satisfied that the claimant has not taken reasonable action to obtain the comparable foreign pension within the period specified in the notice.

"(5) For the purposes of this section, a person takes reasonable action to obtain a comparable foreign pension only if the person takes reasonable action to obtain the pension at the highest rate applicable to the person.".

Insertion of section

21. After section 37J of the Principal Act the following section is inserted in Subdivision B of Division 4 of Part III:

Secretary may require claimant to take action to obtain a comparable foreign pension

  "37JA.(1) If:

  (a) a person has claimed an invalidity service pension; and

    (b) the Secretary is satisfied that the claimant may be entitled to a comparable foreign pension if the claimant applied for that pension;

the Secretary may give the claimant a notice that requires the claimant to take reasonable action to obtain the comparable foreign pension.

  "(2) The notice:

  (a) must be in writing; and

  (b) must be given personally or by post; and

    (c) must specify the period within which the reasonable action is to be taken.

"(3) The period specified under paragraph (2)(c) must end at least 14 days after the day on which the notice is given.

  "(4) The Commission may reject a claim if:

  (a) the claimant is given the notice; and

    (b) the Commission is satisfied that the claimant has not taken reasonable action to obtain the comparable foreign pension within the period specified in the notice.

"(5) For the purposes of this section, a person takes reasonable action to obtain a comparable foreign pension only if the person takes reasonable action to obtain the pension at the highest rate applicable to the person.".

Insertion of section

22. After section 38J of the Principal Act the following