Document ID: chunk:federal_register_of_legislation:C2004A03971:section:365:p30
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 365 (pt 30/34)
Character Range: 201905–204759

(3); or

        (b) in connection with a request by the person under subsection 16 (6);

    the person failed to answer properly a question asked of the person or gave false or misleading information.";

     (d) by omitting from paragraph (7) (c) all the words after "Commissioner is satisfied" and substituting the following: "that the Board would not have been so satisfied but for the fact that, at or in connection with that medical examination, the person failed to answer properly a question asked of the person or gave false or misleading information.";

     (e) by adding at the end the following subsection:

"(8) For the purposes of determining, for the purposes of

    this section, whether or not a person answered a question properly, subsections 16ac (9) and (10) apply as if:

     (a) the provisions of this section were provisions of section 16ac; and

        (b) the following subparagraph were inserted before subparagraph (b) (i) of the definition of 'relevant matters' in subsection 16ac (10):

           '(ia) at or in connection with a medical examination that the person underwent for the purposes of the superseded Act; or'.".

(2) Subject to subsection (3), subsection 184 (6) of the Principal Act as amended by this Act applies in relation to a question asked of a person, or information given, whether before or after the commencement of this section.

(3) Where, before the commencement of this section, the Administrative Appeals Tribunal or the Federal Court of Australia made a decision or order setting aside or varying a decision by the Commissioner to issue a benefit classification certificate in respect of a person under subsection 184 (5) of the Principal Act as then in force, then, in spite of subsection (1):

    (a) subsections 184 (5) to (7), inclusive, of the Principal Act (as in force before the commencement of this section) continue to apply in relation to:

(i) a requirement on the basis of which; and

(ii) information on the basis of the giving of which;

    the Commissioner decided to issue the certificate or to specify in it a particular physical or mental condition; and

    (b) subsections 184 (5) to (8), inclusive, of the Principal Act as amended by this Act do not apply in relation to:

(i) a question the asking of which constituted, or formed part of, such a requirement; or

(ii) such information.

(4) In subsection (3):

"information" includes information allegedly given;

"requirement" means a requirement, or an alleged requirement, to give information;

"set aside" includes quash.

92. After Part XII of the Principal Act the following Parts are inserted:

"PART XIII—TRANSFERS TO APPROVED SUPERANNUATION

SCHEMES

Interpretation

"237. In this Part, unless the contrary intention appears:

'approved superannuation scheme' means a superannuation scheme approved by the