Commonwealth Consolidated Acts

FARM HOUSEHOLD SUPPORT ACT 1992 - SECT 41

             (1)  The Secretary may give a person to whom farm household support, exceptional circumstances relief payment or farm help income support is being paid a notice that requires the person to inform the Department if:

                     (a)  a specified event or change of circumstances occurs; or

                     (b)  the person becomes aware that a specified event or change of circumstances is likely to occur.

             (2)  An event or change of circumstances is not to be specified in a notice under subsection (1) unless the occurrence of the event or change of circumstances may affect the payment of farm household support, exceptional circumstances relief payment or farm help income support, as the case requires, to the person.

             (3)  A notice under subsection (1):

                     (a)  must be in writing; and

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

                     (c)  must specify how the person is to give the information to the Department; and

                     (d)  must specify the period within which the person is to give the information to the Department.

             (4)  The period specified under paragraph (3)(d) must end at least 14 days after the earlier of:

                     (a)  the day on which the event or change of circumstances occurs; or

                     (b)  the day on which the person becomes aware that the event or change of circumstances is likely to occur.

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

Penalty:  Imprisonment for 6 months.

Note:          Subsection 4B(2) of the Crimes Act 1914 allows a court that convicts an individual of an offence to impose a fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on the individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section 4AA of that Act.

          (5A)  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 (5A). See subsection 13.3(3) of the Criminal Code .

          (5B)  Subsection (5) does not apply to the extent that 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)  An offence under subsection (5) is an offence of strict liability.

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

             (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.