Commonwealth Numbered Acts

SOCIAL SECURITY AND REPATRIATION (BUDGET MEASURES AND ASSETS TEST) ACT 1984 No. 93, 1984 - SECT 61

61. Section 121 of the Principal Act is repealed and the following sections
are substituted: Notification and review

"121. (1) The Secretary may give to any person to whom, or on behalf of whom,
a pension or allowance is being paid under this Act a notice in writing
requiring that person, if an event or change of circumstances specified in the
notice occurs or if that person is aware that an event or change of
circumstances specified in the notice is likely to occur, to notify the
Secretary or to notify the officer specified in the notice, within the period
specified in the notice, of the occurrence or likely occurrence of that event
or that change of circumstances.

"(2) The Secretary may give to any person to whom, or on behalf of whom, a
pension or allowance is being paid under this Act a notice in writing
requiring that person to furnish to the Secretary or to the officer specified
in the notice, within the period specified in the notice, a statement, in
accordance with a form approved by the Commission, relating to any matter that
might affect the payment to that person of the pension or allowance.

"(3) An event or change of circumstances shall not be specified in a notice
pursuant to sub-section (1) unless the occurrence of that event or change of
circumstances might affect the payment of a pension or allowance.

"(4) The period for compliance specified in a notice in pursuance of
sub-section (1) or (2) shall not be less than 14 days after the day on which
the notice is served.

"(5) A person shall not-

   (a)  refuse or fail to comply with a notice under sub-section (1) or (2) to
        the extent that the person is capable of complying with it; or

   (b)  in purported compliance with such a notice, knowingly furnish
        information that is false or misleading in a material particular.

Penalty for any contravention of this sub-section: $500. Power to obtain
information, &c.

"121A. (1) Where the Secretary has reason to believe that a person is capable
of furnishing information, producing documents or giving evidence in relation
to any matter that might affect, or might have affected, the grant or payment
of a pension or allowance under this Act to that person or any other person,
the Secretary may, by notice in writing given to that person, require that
person-

   (a)  to furnish, within the period and in the manner specified in the
        notice, any such information to the officer specified in the notice;

   (b)  to produce, within the period and in the manner specified in the
        notice, any such documents to the officer specified in the notice; or

   (c)  to appear, at a time and place specified in the notice, before the
        officer specified in the notice to give any such evidence, either
        orally or in writing, and to produce any such documents.



"(2) The officer specified in a notice given pursuant to paragraph (1) (c) may
require any evidence that is to be given to the officer in compliance with the
notice to be given on oath or affirmation and, for that purpose, the officer
may administer an oath or affirmation.

"(3) A person shall not-

   (a)  refuse or fail to comply with a notice under sub-section (1) to the
        extent that the person is capable of complying with it; or

   (b)  in purported compliance with such a notice, knowingly furnish
        information or give evidence that is false or misleading in a material
        particular.

Penalty: $1,000 or imprisonment for 6 months, or both.

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

"(5) This section does not require a person to furnish information, produce a
document or give evidence to the extent that in doing so the person would
contravene a law of the Commonwealth (not being a law of a Territory).
Self-incrimination

"121B. A person is not excused from furnishing information, producing a
document or giving evidence pursuant to section 121 or 121A on the ground that
the information or evidence, or the production of the document, may tend to
incriminate the person, but any information furnished or evidence given, or
the production of any document, pursuant to section 121 or 121A is not
admissible in evidence against the person in any criminal proceedings, other
than proceedings under, or arising out of, sub-section 121 (5) or 121A (3), as
the case may be. Furnishing of information

"121C. Nothing contained in any law of a State or of a Territory shall operate
so as to prevent any person from furnishing any information, producing any
documents or giving any evidence to an officer for the purposes of this Act.
Interpretation

"121D. In sections 121, 121A and 121B, unless the contrary intention appears-
'officer' means a person performing duties, or exercising powers or functions,
under or in relation to this Act;
'person' includes an unincorporated body. Delegation by Secretary

"121E. (1) The Secretary may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by the Secretary, delegate to a
person any of the Secretary's powers under sections 121 and 121A.

"(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Act, be deemed to have been exercised by the Secretary.

"(3) A delegation under this section does not prevent the exercise of a power
by the Secretary.".