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CHILD CARE PAYMENTS ACT 1997 No. 195 of 1997 - SECT 225 Power to obtain information to verify claims etc.

CHILD CARE PAYMENTS ACT 1997 No. 195 of 1997 - SECT 225

Power to obtain information to verify claims etc. (1) The Secretary may require a person to give * information about a class of persons to the Department for either or both of the following purposes:

    (a) detecting cases in which amounts of * child care payment have been paid when they should not have been paid;

    (b) verifying the entitlement of persons who have made claims for child care payments.

    Note 1: See section 226 for general provisions about making requirements under this section.

    Note 2: See section 227 for provisions relating to the Secretary's obligations to consider the relevance of * information given in response to a requirement under this section.

(2) The * information that the Secretary may require about each person in the class of persons is all or any of the following information (but no other information):

    (a) full name and any previous name;

    (b) address;

    (c) sex;

    (d) marital status;

    (e) date of birth;

    (f) date of death;

    (g) dates of entries into and departures from Australia;

    (h) any payments received by the person from the person required to provide the information, in a specified period (not being a period starting more than 12 months before the notice is given), and the account number of any account into which any of those payments were paid;

    (i) in relation to a course of study or training being undertaken by the person:

      (i) the date on which the person started the course; and

      (ii) the date on which the person completed the course;

    (j) in relation to any employment of the person by the person given the notice:

      (i) the date on which the person's employment started; and

      (ii) the date on which the person's employment ended.

(3) A person commits an offence if the person refuses or fails to comply with a notice imposing a requirement under this section.

    Penalty: 60 penalty units.

    Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(4) This section binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.

    Note: The Crown is not liable to be prosecuted for an offence--see section 242.

(5) This section does not require a person to give * information to the extent that in doing so the person would contravene a law of the Commonwealth (other than a law of a Territory).

    Note: State or Territory law does not affect a person's obligations under this section--see section 228.

(6) 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, who are making or who have made a claim for a * child care payment; and

    (c) all persons, irrespective of their nationality, who are * receiving, or have received, a payment of a child care payment.