Document ID: chunk:federal_register_of_legislation:C2024A00104:section:322:p1
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 322 (pt 1/2)
Character Range: 516266–519128

322  Determination of individual's total assessable income

Making income determinations
 (1) The System Governor must, within the period prescribed by the rules, determine an individual's total assessable income at a particular time (the income determination time), worked out in accordance with section 323.
Note: A determination under this subsection is called an income determination.
 (2) The System Governor is not required to make a determination under subsection (1) if the System Governor is not given sufficient information to make the determination.
 (3) The income determination time must be at or before the time the determination is made.

Requesting further information
 (4) The System Governor may, by written notice, request one or more of the following persons to give the System Governor, within the period specified in the notice (which must not be less than 28 days after giving the notice), the information specified in the notice for the purposes of making the determination:
 (a) the individual;
 (b) a person acting for or on behalf of the individual;
 (c) any other person whom the System Governor believes has information that would assist the System Governor in making the determination.
Note: A person is not obliged to give the information.
 (5) The System‑Governor may, at the request of the person made before the end of the specified period, extend that specified period.

When determination takes effect
 (6) The determination takes effect on the day specified by the System Governor in the notice under subsection (8). The day may be before the day on which the determination is made but must be in accordance with the rules.
Note: An income determination may be varied or revoked under section 324.
 (7) However, if the determination is made after the individual withdraws an election under section 321, the determination can not take effect before the day after the election was withdrawn under subsection 321(5).

Giving notice of determination
 (8) Within 14 days after making a determination under subsection (1), the System Governor must give written notice of the determination to the individual.
 (9) The notice under subsection (8) must:
 (a) state that the individual is required to notify the System Governor of any events or changes in the individual's circumstances in accordance with section 336; and
 (b) specify the amount worked out as the individual's total assessable income; and
 (c) specify the income determination time; and
 (d) specify the day the determination takes effect (see subsection (6)); and
 (e) set out the reasons for the following decisions:
 (i) making the determination under subsection (1);
 (ii) the day the determination takes effect under subsection (6); and
 (f) state how the individual may apply for reconsideration of either of those decisions; and
 (g) include such other matters