Commonwealth Consolidated Acts

VETERANS' ENTITLEMENTS ACT 1986 - SECT 54AA

             (1)  The Secretary may give to a person who is receiving a service pension, income support supplement, or benefits under Division 12 a notice requiring the person:

                     (a)  to provide the Department, or an officer specified in the notice, with information; or

                     (b)  to produce to the Department, or an officer specified in the notice, documents in the custody or under the control of the person; or

                     (c)  to appear before an officer of the Department specified in the notice to answer questions;

relating to a matter that may affect the payment of the pension, supplement or the provision of the benefits.

             (2)  A reference in subsection (1) to a person receiving a service pension or income support supplement includes a person to whom the whole or a part of the pension or supplement is being paid for the purpose of being applied for the benefit of the pensioner.

             (3)  The Secretary may give to a person whose claim or application for a service pension or income support supplement is under consideration by the Commission or the Administrative Appeals Tribunal a notice requiring the person:

                     (a)  to provide the Department, or an officer specified in the notice, with information; or

                     (b)  to produce to the Department, or an officer specified in the notice, documents in the custody or under the control of the person; or

                     (c)  to appear before an officer of the Department specified in the notice to answer questions;

relating to the claim or application.

             (4)  Subject to subsections (4A) and (5), the notice:

                     (a)  must be in writing; and

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

                     (c)  must specify:

                              (i)  when and how the person is to provide the information or produce the documents; or

                             (ii)  when and where the person is to appear before the officer.

          (4A)  A document lodged as a consequence of a notice under subsection (1) or (3) that requires a person to provide the Department with information of a kind to which paragraph (a) of that subsection applies:

                     (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.

             (5)  The person must not be required to provide the information, produce the documents or appear to answer questions within a period of less than 14 days after the notice is given.

             (6)  The Secretary may require the person to give or verify the information or answers:

                     (a)  on oath or affirmation; and

                     (b)  either orally or in writing.

The Secretary or specified officer may administer an oath or affirmation to the person.

             (7)  A person must not fail to comply with a notice under subsection (1) or (3).

Penalty:  Imprisonment for 6 months.

             (8)  An offence under subsection (7) is an offence of strict liability.

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

             (9)  A person does not commit an offence under subsection (7) 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 (9). See subsection 13.3(3) of the Criminal Code .