Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p33
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 83544–86271

claim if:

  (a) the claimant is given the notice; and

    (b) the Commission is satisfied that the claimant has not taken reasonable action to obtain the comparable foreign pension within the period specified in the notice.

"(5) For the purposes of this section, a person takes reasonable action to obtain a comparable foreign pension only if the person takes reasonable action to obtain the pension at the highest rate applicable to the person.".

Insertion of section

24. After section 54B of the Principal Act the following section is inserted:

Secretary may require a person to whom a service pension is being paid to take action to obtain a comparable foreign pension

  "54BA.(1) If:

  (a) a person is receiving a service pension; and

     (b) the Secretary is satisfied that the person may be entitled to a comparable foreign pension if the person applied for that pension;

the Secretary may give the person a notice that requires the person to take reasonable action to obtain the comparable foreign pension.

Note: For the consequences of a failure to comply with the notice see section 56EB.

  "(2) The notice:

  (a) must be in writing; and

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

     (c) must specify the period within which the reasonable action is to be taken.

"(3) The period specified under paragraph (2)(c) must end at least 14 days after the day on which the notice is given.

"(4) For the purposes of this section, a person takes reasonable action to obtain a comparable foreign pension only if the person takes reasonable action to obtain the pension at the highest rate applicable to the person.".

Insertion of section

25. After section 56EA of the Principal Act the following section is inserted:

Cancellation or suspension for failure to take action to obtain a comparable foreign pension

  "56EB.(1) If:

     (a) a person who is receiving a service pension has been given a notice under section 54BA; and

     (b) the Commission is satisfied that the person has not taken reasonable action to obtain the comparable foreign pension within the period specified in the notice;

the Commission may determine in writing that the service pension is to be cancelled or suspended.

"(2) For the purposes of this section, a person takes reasonable action to obtain a comparable foreign pension only if the person takes reasonable action to obtain the pension at the highest rate applicable to the person.

Note: For the date of effect of a determination under this section see section 56H.".

Resumption of a payment after suspension

26. Section 56F of the Principal Act is amended by omitting from paragraph (a) "or 56EA" and substituting ", 56EA or 56EB".

Date of effect of adverse