Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Secretary may give a person:
(a) to whom a service pension, income support supplement or a veteran payment is being paid; or
(b) whose claim or application for a service pension or income support supplement, or whose eligibility for a veteran payment, is under consideration by the Commission or the Administrative Review Tribunal; or
(c) who is receiving benefits under Division 12;
a notice that requires the person to give the Department, or an officer specified in the notice, a statement in writing about a matter that might affect:
(d) the payment to the person of the service pension, income support supplement or veteran payment; or
(e) the provision of benefits under Division 12.
(2) A reference in subsection (1) to a person to whom a service pension, income support supplement or a veteran payment is being paid includes a person to whom the whole or a part of the pension, supplement or payment is being paid for the purpose of being applied for the benefit of the person entitled to the pension, supplement or payment.
(3) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify the period within which, and, subject to subsection (3A), the manner in which the person is to give the information to the Department or specified officer.
(3A) A document lodged as a consequence of a notice issued under subsection (1) that requires a person to inform the Department about a matter of a kind specified in that subsection:
(a) is to be lodged at an office of the Department in Australia in accordance with section 5T; and
(b) is taken to have been lodged on a day determined under that section.
(4) The period specified under paragraph (3)(c) must end at least 14 days after the day on which the notice is given.
(5) A statement given in response to a notice under subsection (1) must be in accordance with a form approved by the Commission.
(6) A person must not fail to comply with a notice under subsection (1).
Penalty: Imprisonment for 6 months or 10 penalty units, or both.
(7) An offence under subsection (6) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
(8) A person does not commit an offence under subsection (6) 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 (8). See subsection 13.3(3) of the Criminal Code .