Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) a person who is receiving a social security payment (other than a newstart allowance) has been given:
(i) a notice under section 67 or 68 that requires the person to give the Department a statement; or
(ii) a notice embodying a requirement under Division 1 of Part 5; and
(b) the person does not comply with the requirement of the notice;
the Secretary may determine that the payment is to be cancelled or suspended.
(2) If:
(a) a person and his or her partner (the partner ) are each receiving a social security payment; and
(b) the partner has been given:
(i) a notice under section 67 or 68 that requires the partner to give the Department a statement; or
(ii) a notice embodying a requirement under Division 1 of Part 5; and
(c) the notice relates to matters that might also affect the payment of the person's social security payment; and
(d) the partner does not comply with the requirement of the notice;
the Secretary may determine that the person's payment is to be cancelled or suspended.
(3) If:
(a) a person who is receiving a social security payment has been given a notice under section 67 or 68 that requires the person to inform the Department of a proposal by the person to leave Australia; and
(b) the person does not comply with the requirement; and
(c) the person leaves Australia; and
(d) the person's portability period (see section 1217 of the 1991 Act) for the payment has not ended;
the Secretary may determine that the payment is to be cancelled or suspended.
Note: Subsection (3) lets the Secretary make one determination suspending the payment and later make another determination cancelling the payment. See subsection 33(1) of the Acts Interpretation Act 1901 .
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