Document ID: chunk:federal_register_of_legislation:C2023C00380:clause:1_586c
Version: federal_register_of_legislation:C2023C00380
Segment Type: clause
Provision Reference: sch 1 cl 586C
Character Range: 95248–97686

586C  Secretary may require recipient to give particular information relevant to payment of austudy payment

Secretary may give notice requiring statement on matter
 (1) The Secretary may give a person to whom an austudy payment is being paid a notice that requires the person to give the Department a statement about a matter that might affect the payment of the allowance to the person.

Formalities related to notice
 (2) Subject to subsection (3), a notice under subsection (1):
 (a) must be in writing; and
 (b) may be given personally or by post; and
 (c) must state how the statement is to be given to the Department; and
 (d) must state the period within which the person is to give the statement to the Department; and
 (e) must state that the notice is a recipient statement notice given under this Act; and
 (f) must state the effect of failure by the person to comply with the requirement set out in the notice.

Validity of notice
 (3) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).

Period within which statement to be provided
 (4) The period stated under paragraph (2)(d) must end at least 14 days after the day on which the notice is given.

Statement must be in approved form
 (5) A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary.

Refusal or failure to comply with notice
 (6) A person must not, without reasonable excuse, intentionally or recklessly refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Penalty: Imprisonment for 6 months.
Note: Subsection 4B(2) of the Crimes Act 1914 allows a court that convicts an individual of an offence to impose a fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on the individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section 4AA of that Act.

Application overseas
 (7) This section extends to:
 (a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
 (b) all people irrespective of their nationality or citizenship.

Division 9—Continuation, variation and termination

Subdivision A—General