Document ID: chunk:federal_register_of_legislation:C2004A04731:front:0:p17
Version: federal_register_of_legislation:C2004A04731
Segment Type: other
Provision Reference: 
Character Range: 43057–45749

subsections 913(2) and (3)).

Secretary may require recipient to give statement of partner's tax file number

"942. If a partner of a recipient of home child care allowance is in Australia, the Secretary may require the recipient to give the Secretary a written statement of the tax file number of the recipient's partner.

Note 1: For the consequences of a failure to comply with the requirement see section 914.

    Note 2: In some cases the requirement can be satisfied by giving the Secretary a declaration by the partner about the partner's tax file number and an authority by the partner to the Commissioner of Taxation to give the Secretary certain information about the partner's tax file number (see subsections 914(2) and (3)).

Note 3: The Secretary may waive the requirement in some cases (see subsection 914(4)).

Secretary may require notice of the happening of an event or a change in circumstances

"943.(1) The Secretary may give a person who is receiving home child care allowance a notice that requires the person to inform the Department 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.

"(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 the payment of the home child care allowance.

  "(3) Subject to subsection (4), a notice under subsection (1):

  (a) must be in writing; and

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

     (c) must specify how the person is to give the information to the Department; and

     (d) must specify the period within which the person is to give the information to the Department; and

     (e) must specify that the notice is a recipient notification notice given under this Act.

Note: For 'recipient notification notice' see subsection 23(1).

"(4) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).

"(5) 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.

"(6) If a notice requires the person to inform the Department of any proposal by the person to leave Australia, subsection (5) does not apply to that requirement.

"(7) A person must not, without reasonable excuse, refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.

Penalty: