Document ID: chunk:federal_register_of_legislation:C2004A00927:clause:2_49ab
Version: federal_register_of_legislation:C2004A00927
Segment Type: clause
Provision Reference: sch 2 cl 49AB
Character Range: 7108–8981

49AB  Pre‑assessment request

Pre‑assessment request

 (1) For the purposes of this Division, a pre‑assessment request is a written request by a person:
 (a) for advice about whether this Division would apply to the person, or to the person's partner, in the event that a proposed transfer were to take place; and
 (b) that sets out sufficient information to enable the advice to be given.

 (2) For the purposes of subsection (1), a written request does not include a request made by email.

Contact by telephone etc.—timing of request

 (3) For the purposes of this Division, if:
 (a) a person contacted the Department:
 (i) by telephone; or
 (ii) by fax; or
 (iii) by email; or
 (iv) in person;
  for advice about whether this Division would apply to the person, or to the person's partner, in the event that a proposed transfer were to take place; and
 (b) the person followed up that contact by lodging a pre‑assessment request with the Department within 21 days after the day on which the person contacted the Department;
the person is taken to have lodged the pre‑assessment request on the day on which the person contacted the Department.

Affirmative response to pre‑assessment request

 (4) For the purposes of this Division, if a person lodges a pre‑assessment request, the Department is taken to have responded affirmatively to that request if, and only if, the Secretary, or an officer of the Department, gives the person a written notice:
 (a) that contains advice to the effect that this Division would apply to the person, or to the person's partner, in the event that the proposed transfer were to take place; and
 (b) that specifies the date on which the notice was issued.

Timing of response

 (5) The Department is taken to have responded to a pre‑assessment request on the date specified in the notice as the date on which the notice was issued.