Document ID: chunk:federal_register_of_legislation:C2004A03392:body:0:p22
Version: federal_register_of_legislation:C2004A03392
Segment Type: other
Provision Reference: 
Character Range: 53736–56500

such a reduction or suspension.".

Power of the Commissioner to require invalidity pensioner to be medically examined, &c.
33. (1) Section 74 of the Principal Act is amended by omitting from sub-section (6) "sub-section 106 (3)" and substituting "sub-sections 106 (3) and 108 (3)".
(2) Section 74 of the Principal Act is amended—
     (a) by omitting from sub-section (1) "but who has not attained the age of 65 years";
     (b) by inserting in paragraph (1) (a) ", being a time before the person attains the age of 65 years," after "time";
     (c) by inserting in paragraph (1) (b) ", being a period that ends before the person attains the age of 65 years," after "period" (first occurring);
     (d) by omitting sub-sections (2), (3), (4) and (5) and substituting the following sub-sections:

     "(2) A notice under sub-section (1) shall set out the effect of sub-section (3).
     "(3) Where a person fails to comply with a notice given under sub-section (1) and the Commissioner is not satisfied that there was a reasonable excuse for the failure, the Commissioner may, by notice in writing given to the person, suspend the person's invalidity pension with effect from such day as the Commissioner determines, being a day not earlier than—
           (a) in a case where the first-mentioned notice required the person to submit himself or herself for medical examination on a day specified in the notice—the day next following that day; or
           (b) in a case where the first-mentioned notice required the person to furnish information within a period specified in the notice—the day next following the expiration of that period.
     "(4) A notice to a person under sub-section (3) shall set out the effect of sub-sections (5c), (5e) and (5f) and of section 74a.
     "(5) Subject to section 74a, a suspension of a person's invalidity pension under sub-section (3) continues in force, unless sooner revoked, until the person attains the age of 65 years.
     "(5a) Invalidity pension is not payable in respect of a period during which a suspension of the pension under sub-section (3) is in force.
     "(5b) Where—
           (a) the invalidity pension of a person is suspended under sub-section (3); and
           (b) the Commissioner, having regard to such matters as he or she considers relevant, is of the opinion that the suspension should be revoked,
      the Commissioner may, by notice in writing given to the person or to the person and a person acting on the person's behalf, as the case requires, revoke the suspension with effect from such day as the Commissioner determines, being a day not later than the day on which the notice is given.
     "(5c) Without limiting sub-section (5b), where the invalidity pension of a person (in this