Document ID: chunk:federal_register_of_legislation:C2023C00380:clause:4_1061pzq:p1
Version: federal_register_of_legislation:C2023C00380
Segment Type: clause
Provision Reference: sch 4 cl 1061PZQ (pt 1/2)
Character Range: 233754–236367

1061PZQ  Secretary may require notice from recipient of the happening of an event or a change in circumstances

Secretary may give notice requiring information
 (1) The Secretary may give a person to whom a pensioner education supplement is being paid a notice that requires the person to tell the Department if:
 (a) a stated event or change of circumstances occurs; or
 (b) the person becomes aware that a stated event or change of circumstances is likely to occur.

Event or change relevant to payment
 (2) An event or change of circumstances is not to be stated in a notice under subsection (1) unless the occurrence of the event or change of circumstances might affect the payment of the pensioner education supplement.

Formalities related to notice
 (3) Subject to subsection (4), 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 person is to give the information to the Department; and
 (d) must state the period within which the person is to give the information to that Department; and
 (e) must state that the notice is a recipient notification 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
 (4) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).

Period within which information to be given
 (5) Subject to subsection (6), the period stated under paragraph (3)(d) must end at least 14 days after:
 (a) the day on which the event or change of circumstances occurs; or
 (b) the day on which the person becomes aware that the event or change of circumstances is likely to occur.

Person leaving Australia
 (6) If a notice requires the person to tell the Department of any proposal by the person to leave Australia, subsection (5) does not apply to that requirement.

Refusal or failure to comply with notice
 (7) 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