VETERANS' ENTITLEMENTS ACT 1986 - SECT 118ZI Secretary may require notice of the happening of event or a change in circumstances

VETERANS' ENTITLEMENTS ACT 1986 - SECT 118ZI

  (1)   The Secretary may give a person who is the holder of a seniors health card a notice that requires the person to inform the Department, or an officer specified in the notice, 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.

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

  (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 might affect whether the person is eligible for the card.

  (3)   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 person is to give the information to the Department or specified officer; and

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

  (3A)   A document lodged as a consequence of a notice issued under subsection   (1) that requires a person to inform the Department in writing of the occurrence, or likely occurrence, of a specified event or change of circumstances:

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

  (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 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.