Commonwealth Consolidated Acts

VETERANS' ENTITLEMENTS ACT 1986 - SECT 118ZJ

             (1)  The Secretary may give a person who is the holder of a seniors health card 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 whether the person is eligible for the card.

Note:          For holder of a seniors health card see section 5PB.

             (2)  A notice under subsection (1):

                     (a)  must be in writing; and

                     (b)  may be given personally or by post; and

                     (c)  subject to subsection (3A), must specify how the statement is to be given to the Department or specified officer; and

                     (d)  must specify the period within which the person is to give the statement to the Department or specified officer.

             (3)  The period specified under paragraph (2)(d) must end at least 14 days after the day on which the notice is given.

          (3A)  A document lodged as a consequence of a notice issued under subsection (1) that requires a person to give the Department a statement 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)  A statement given in response to a notice under subsection (1) must be in accordance with a form approved by the Commission.

             (5)  A person must not fail to comply with a notice under subsection (1).

Penalty:  Imprisonment for 6 months.

          (5A)  An offence under subsection (5) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

          (5B)  Subsection (5) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (5B). See subsection 13.3(3) of the Criminal Code .

          (5C)  Subsection (5) does not apply 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 (5C). See subsection 13.3(3) of the Criminal Code .

             (6)  A person must not, in purported compliance with a notice under subsection (1), knowingly furnish information that is false or misleading in a material particular.

Penalty:  Imprisonment for 12 months.

Note:          Subsections 4B(2) and (3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.

             (7)  This section extends to:

                     (a)  acts, omissions, matters and things outside Australia whether or not in a foreign country; and

                     (b)  all persons irrespective of their nationality or citizenship.

             (8)  In this section, officer means a person performing duties, or exercising powers or functions, under or in relation to this Act.