Document ID: chunk:federal_register_of_legislation:C2024C00866:section:118zi:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 118ZI (pt 1/2)
Character Range: 1542268–1544872

118ZI  Secretary may require notice of the happening of event or a change in circumstances
 (1) The Secretary may give a person who is the holder of a seniors health card a notice that requires the person to inform the Department, or an officer specified in the notice, if:
 (a) a specified event or change of circumstances occurs; or
 (b) the person becomes aware that a specified event or change of circumstances is likely to occur.
Note: For holder of a seniors health card see section 5PB.
 (2) An event or change of circumstances is not to be specified in a notice under subsection (1) unless the occurrence of the event or change of circumstances might affect whether the person is eligible for the card.
 (3) A notice under subsection (1):
 (a) must be in writing; and
 (b) may be given personally or by post; and
 (c) subject to subsection (3A), must specify how the person is to give the information to the Department or specified officer; and
 (d) must specify the period within which the person is to give the information to the Department or specified officer.
 (3A) A document lodged as a consequence of a notice issued under subsection (1) that requires a person to inform the Department in writing of the occurrence, or likely occurrence, of a specified event or change of circumstances:
 (a) is to be lodged at an office of the Department in Australia in accordance with section 5T; and
 (b) is taken to have been lodged on a day determined under that section.
 (4) The period specified under paragraph (3)(d) must end at least 14 days after:
 (a) the day on which the event or change of circumstances occurs; or
 (b) the day on which the person becomes aware that the event or change of circumstances is likely to occur.
 (5) A person must not fail to comply with a notice under subsection (1).
Penalty: Imprisonment for 6 months.
 (5A) An offence under subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (5B) Subsection (5) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (5B). See subsection 13.3(3) of the Criminal Code.
 (5C) Subsection (5) does not apply to the extent that the person is not capable of complying with the notice.
Note: The defendant bears an evidential burden in relation to the matter in subsection (5C). See subsection 13.3(3) of the Criminal Code.
 (6) A person must not, in purported compliance with a notice under subsection (1), knowingly furnish information that is false or misleading in a material