Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p47
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 120872–123553

notice, with information; or

    (b) to produce to the Department, or an officer referred to in the notice, documents in the custody or under the control of the care receiver; or

    (c) to appear before an officer referred to in the notice to answer questions;

relating to a matter that may affect the payment of the pension or income support supplement.

"(2) If a person has a claim or application for a service pension or income support supplement under consideration by the Commission or the Administrative Appeals Tribunal because the person is providing constant care for a care receiver, the Secretary may give the care receiver a notice requiring the care receiver:

SCHEDULE 6—continued

    (a) to provide the Department, or an officer referred to in the notice, with information; or

    (b) to produce to the Department, or an officer referred to in the notice, documents in the custody or under the control of the care receiver; or

    (c) to appear before an officer referred to in the notice to answer questions;

relating to the claim or application.

"(3) Subject to subsection (4), the notice:

    (a) must be in writing; and

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

    (c) must state:

    (i) when and how the care receiver is to provide the information or produce the documents; or

    (ii) when and where the care receiver is to appear before the officer.

"(4) The care receiver must not be required to provide the information, produce the documents or appear to answer questions within a period of less than 14 days after the notice is given.

"(5) The Secretary may require the care receiver to give or verify the information or answers:

    (a) on oath or affirmation; and

    (b) either orally or in writing.

The Secretary or officer may administer an oath or affirmation to the care receiver.

"(6) The care receiver must not refuse or fail to comply with the notice to the extent to which the care receiver is capable of complying with it. Penalty: Imprisonment for 6 months.

"(7) If the care receiver, in purporting to comply with the notice, knowingly gives information that is false or misleading in a material particular, the care receiver is guilty of an offence punishable, on conviction, by imprisonment for not more than 12 months.

   Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.

Document served with a section 54D notice

"54G.(1) A notice under subsection 54D(1) is taken to state an event or change of circumstances if:

SCHEDULE 6—continued

(a) the notice refers to a document that sets out the event or change of