Document ID: chunk:federal_register_of_legislation:C2024C00587:section:405:p1
Version: federal_register_of_legislation:C2024C00587
Segment Type: section
Provision Reference: s 405 (pt 1/2)
Character Range: 532570–535163

405  Power to obtain information
 (1) This section applies to a person who has made a claim under section 319 for:
 (a) acceptance of liability for a service injury, disease or death or for the loss of or damage to a medical aid; or
 (b) compensation under this Act.
 (2) The Commission may give the person a written notice:
 (a) requiring the person to notify the Commission (or a specified staff member assisting the Commission) if:
 (i) a specified event or change of circumstance occurs; or
 (ii) the person becomes aware that such an event or change is likely to occur; or
 (b) requiring that person to give the Commission (or a specified staff member assisting the Commission) a statement relating to a specified matter.
 (3) The event, change of circumstances or matter:
 (a) must be an event, change or matter that might affect or have affected:
 (i) the acceptance of liability for the service injury, disease or death or for the loss of or damage to the medical aid; or
 (ii) the payment or provision of compensation; and
 (b) must be specified in either:
 (i) the notice; or
 (ii) any other document mentioned in the notice that is also given to the person with the notice.
 (4) The notice or other document must specify the period within which the person must comply with the notice. The period must be:
 (a) if paragraph (2)(a) applies—at least 14 days after the occurrence of the event or change or after the person becomes aware of the likelihood of the event or change; or
 (b) if paragraph (2)(b) applies—at least 14 days after the notice is given.
 (5) The notice or other document must:
 (a) if paragraph (2)(a) applies—specify the manner in which the person must comply with the notice; or
 (b) if paragraph (2)(b) applies—specify the form of the statement.
 (6) This section does not require a person to give information to the extent that, in doing so, the person would contravene a law of the Commonwealth (not being a law of a Territory).
Note: A law of a State or Territory cannot prevent a person from giving information, producing documents or giving evidence for the purposes of this Act (see section 409).
 (7) A person commits an offence if the person fails to comply with a notice under this section.
Penalty: 10 penalty units.
 (8) An offence under subsection (7) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (9) Subsection (7) does not apply to the extent that the person is not capable of complying with the notice.
Note: The defendant bears an evidential burden in relation to the matter in subsection