Commonwealth Consolidated Acts

FARM HOUSEHOLD SUPPORT ACT 1992 - SECT 42

             (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 give the Department a statement about a matter that might affect the payment of the support or the exceptional circumstances relief payment, as the case requires, to the person.

             (2)  A notice under subsection (1):

                     (a)  must be in writing; and

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

                     (c)  must specify how the statement is to be given to the Department; and

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

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

             (4)  A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary.

             (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.