Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Commission may, in writing, determine that section 126 does not apply to a person if:
(a) the person has applied for a benefit under a Commonwealth superannuation scheme on the basis of the person's incapacity for service or work, and the application has not been withdrawn; and
(b) the person has not begun to receive or has not received the benefit (as the case requires); and
(c) the person has been notified, in writing:
(i) of the effect of section 126 and this section; and
(ii) that the person may be overpaid while section 126 does not apply to the person; and
(iii) that the overpayments may be recovered under Part 3 of Chapter 11; and
(d) the person has agreed, in writing:
(i) for section 126 not to apply; and
(ii) to notify the Commission if the person withdraws the application for the benefit; and
(iii) to notify the Commission if the person begins to receive or receives the benefit.
(2) The determination has effect according to its terms.
Revocation of determination
(3) The Commission may, in writing, revoke the determination if the Commission is satisfied that:
(a) the person has withdrawn the application for the benefit; or
(b) the person has begun to receive or has received the benefit; or
(c) the person has not complied with a requirement to provide information, or take any further action, in relation to the application for the benefit.
(4) After a determination is revoked in relation to a person who has begun to receive or has received a benefit under a Commonwealth superannuation scheme, section 126 is taken always to have applied to the person.
Status of instruments
(5) A determination under subsection (1), or a revocation under subsection (3), is not a legislative instrument.