Document ID: chunk:federal_register_of_legislation:C2020C00377:section:19
Version: federal_register_of_legislation:C2020C00377
Segment Type: section
Provision Reference: s 19
Character Range: 29145–31369

19  Offer
 (1) If a determination is made under subsection 17(3) of a payment amount for an applicant that is more than nil, or such a determination is affirmed under subsection 24(6) or 28(1), the Secretary must, by written notice to the applicant, make an offer to pay the payment amount to the applicant.
 (2) The offer must do the following:
 (a) specify the date of the offer;
 (b) include the determination that the applicant is eligible for the BSWAT payment scheme and explain the reasons for the determination;
 (c) include the determination of the payment amount and explain the reasons for the determination;
 (d) if the determination of the payment amount has been affirmed under subsection 24(6) or 28(1)—include the affirmation and the reasons for the affirmation;
 (e) specify a period (the acceptance period) of at least 14 days, starting on the date of the offer, within which the offer can be accepted;
 (f) explain how to accept the offer, should the applicant decide to do so (including the need to produce a legal advice certificate that complies with section 36 and a financial counselling certificate that complies with section 37);
 (g) inform the applicant that the applicant does not have to accept the offer and explain that by doing nothing, the offer is taken to be declined at the end of the acceptance period;
 (h) unless subsection (3) applies—inform the applicant that the applicant may, before the end of the acceptance period, request an extension of that period and explain how to make that request;
 (i) unless subsection (3) applies—inform the applicant that the applicant may, before the end of the acceptance period, apply for a review of the payment amount and explain how to make that application and, broadly, what the review would involve;
 (j) draw the applicant's attention to sections 9 and 10.
 (3) The offer must not inform the applicant as required by paragraphs (2)(h) and (i) if the offer includes a determination made by an external reviewer:
 (a) of a payment amount for the applicant that is more than nil; or
 (b) affirming a determination made by the Secretary of a payment amount.
 (4) Subsection (2) does not limit the matters that may be dealt with by the offer.