Document ID: chunk:federal_register_of_legislation:C2004A03392:body:0:p25
Version: federal_register_of_legislation:C2004A03392
Segment Type: other
Provision Reference: 
Character Range: 61281–63996

(1) (b) and substituting the following paragraph:
         "(b) to give in writing to the Commissioner, within such period as is specified in the notice, being a period that ends before the person attains the age of 65 years—
             (i) such information as is required by the notice with respect to any employment (whether as an employee or on the person's own account) in which the person has been engaged during such period as is specified in the notice; or

             (ii) particulars of the person's personal earnings, within the meaning of section 73a, and an estimate of the amount of those earnings that the person expects to receive in the next 12 months."; and
     (b) by inserting in sub-sections (6) and (7) "or sub-section 73a (4)" after "(3) of this section".
(4) Section 74 of the Principal Act as amended by sub-section (2)—
     (a) applies in relation to notices given under sub-section 74 (1) of the Principal Act before the commencement of this sub-section as if the notices had been given under sub-section 74 (1), and complied with sub-section 74 (2), of the Principal Act as so amended; and
     (b) applies in relation to the suspension under section 74 of the Principal Act of invalidity pension before that commencement as if the suspension had been under sub-section 74 (3) of the Principal Act as so amended.

34. After section 74 of the Principal Act the following section is inserted:

Cancellation of invalidity pension where pension suspended for 12 months, &c.
"74a. Where—
     (a) a person's invalidity pension is suspended under sub-section 74 (3);
     (b) immediately before the suspension, the person had not attained the age of 64 years; and
     (c) the suspension is not revoked—
         (i) in a case where a request to revoke the suspension is made under section 74 before the expiration of a period of 12 months after the suspension came into force and the Commissioner does not make a decision under section 74 in relation to that request within that period—upon the making of that decision; or
         (ii) in any other case—for a period of 12 months,
the Commissioner may, by notice in writing given to the person, cancel the person's entitlement to invalidity pension.".

35. After section 76 of the Principal Act the following section is inserted:

Renunciation of invalidity pension in favour of age pension
"76a. Where a person—
     (a) became entitled to an invalidity pension under section 66 after attaining his or her minimum retiring age;
     (b) did not make an election under section 69 or 72;
     (c) would, if he or she had resigned or had retired otherwise than on the ground of invalidity, have been entitled to a pension under section 55