Document ID: chunk:federal_register_of_legislation:C2004A03971:section:1990:p13
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 1990 (pt 13/38)
Character Range: 50426–53192

should not be required under subsection 16 (2) to undergo a further examination; or

    (c) the Commissioner has so decided but has not yet considered the report or reports of the result or results of the examination or examinations that the person has undergone under subsection 16 (2); or

    (d) the Commissioner has considered the report or reports but has not yet decided whether or not to issue a benefit classification certificate in respect of the person under subsection 16 (4); or

    (e) the Commissioner has decided so to issue such a certificate but has not yet issued it.

"(3) If subparagraph (2) (a) or (b) applies, the Commissioner must, in relation to each examination (if any) that:

    (a) the Commissioner required the person under subsection 16 (2) to undergo; or

    (b) the Commissioner is satisfied he or she would, but for the benefit event, have so required the person to undergo;

but that the person did not in fact undergo, determine what, in the Commissioner's opinion, the report of the result of the examination would have contained if the person:

    (c) had undergone the examination on the day when the person:

(i) if paragraph (2) (a) applies—became an eligible employee; or

       (ii) if paragraph (2) (b) applies—underwent the examination, or the later or last of the examinations, referred to in that paragraph; and

    (d) at or in connection with the examination:

       (i) had answered properly, within the meaning of section 16ac, all the questions asked of the person; and

        (ii) had given no false or misleading information.

"(4) For the purposes of subsection (3), the Commissioner must consider such information and other matters as he or she considers relevant.

"(5) In subsection (6):

'report material' means:

(a) if paragraph (2) (a) applies—the determination or determinations under subsection (3); or

    (b) if paragraph (2) (b) applies:

       (i) the report or reports of the result or results of the examination or examinations referred to in that paragraph; and

       (ii) the determination or determinations (if any) under subsection (3); or

    (c) if paragraph (2) (c) or (d) applies—the report or reports referred to in that paragraph.

"(6) Unless paragraph (2) (e) applies, the Commissioner must consider the report material and any other matters (other than matters excluded by subsection (7)) that he or she considers relevant and, if satisfied on the basis of the matters set out in the report material and of those other matters that, had the benefit event not happened, he or she would have formed on that basis the opinion that there was a real risk that the person, by reason of, or for a reason connected with:

    (a) a condition that is referred to in the report