Commonwealth Numbered Acts

SOCIAL SECURITY AND REPATRIATION (BUDGET MEASURES AND ASSETS TEST) ACT 1984 No. 93, 1984 - SECT 58

58. Sections 97 and 98 of the Principal Act are repealed and the following
section is substituted: Cancellation, suspension or variation of service
pension

"98. (1) If-

   (a)  having regard to any matter that affects the payment of a service
        pension; or

   (b)  by reason of the refusal or failure of any person to comply with a
        provision of this Act, the Commission determines that a service
        pension should be cancelled or suspended, or that the rate of a
        service pension is more than it should be, the Commission may, by
        determination in writing, cancel or suspend, or decrease the rate of,
        the service pension with effect from the date of the determination or
        such later date as is specified in the determination.

"(2) Where a determination is made under sub-section (1)-

   (a)  by reason of the refusal or failure of any person to comply with a
        provision of this Act, other than-

        (i)    sub-section 121 (5) in relation to a notice under sub-section
               121 (2); or

        (ii)   sub-section 121A (3); or

   (b)  by reason that an amount has been paid by way of pension or allowance
        that, but for the false statement or misrepresentation of any person,
        would not have been paid, a date earlier than the date of the
        determination may be specified in the determination as the date from
        which the cancellation, suspension or decrease, as the case may be,
        takes effect.

"(3) If, having regard to any matter that affects the payment of a service
pension, the Commission determines that the rate of a service pension is less
than it should be, the Commission may, by determination in writing, increase
the rate of the service pension with effect from the date of the determination
or such earlier or later date as is specified in the determination.".