Commonwealth Numbered Acts

VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT (No. 1) 1995 No. 35 of 1995 - SCHEDULE 2

                             SCHEDULE 2                       Section 3

AMENDMENTS OF THE VETERANS' ENTITLEMENTS ACT 1986
PART 1-RECIPIENT OBLIGATIONS
1. After section 54A: Insert: Secretary may require recipient to give
information, produce documents or appear before an officer "54AA.(1) The
Secretary may give to a person who is receiving a service pension, income
support supplement, or benefits under Division 12 a notice requiring the
person:

   (a)  to provide the Department, or an officer specified in the notice, with
        information; or

   (b)  to produce to the Department, or an officer specified in the notice,
        documents in the custody or under the control of the person; or

   (c)  to appear before an officer of the Department specified in the notice
        to answer questions; relating to a matter that may affect the payment
        of the pension, supplement or the provision of the benefits. "(2) A
        reference in subsection (1) to a person receiving a service pension or
        income support supplement includes a person to whom the whole or a
        part of the pension or supplement is being paid for the purpose of
        being applied for the benefit of the pensioner. "(3) The Secretary may
        give to a person whose claim or application for a service pension or
        income support supplement is under consideration by the Commission or
        the Administrative Appeals Tribunal a notice requiring the person:

   (a)  to provide the Department, or an officer specified in the notice, with
        information; or

   (b)  to produce to the Department, or an officer specified in the notice,
        documents in the custody or under the control of the person; or

   (c)  to appear before an officer of the Department specified in the notice
        to answer questions; relating to the claim or application. "(4)
        Subject to subsection (5), the notice:

   (a)  must be in writing; and

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

   (c)  must specify:

   (i)  when and how the person is to provide the information or produce the
        documents; or

   (ii) when and where the person is to appear before the officer. "(5) The
        person must not be required to provide the information, produce the
        documents or appear to answer questions within a period of less than
        14 days after the notice is given. "(6) The Secretary may require the
        person to give or verify the information or answers:

   (a)  on oath or affirmation; and

   (b)  either orally or in writing. The Secretary or specified officer may
        administer an oath or affirmation to the person. "(7) The person must
        not refuse or fail to comply with the notice to the extent that the
        person is capable of complying with it. Penalty: Imprisonment for 6
        months. "(8) The person must not, in purporting to comply with the
        notice, knowingly give information that is false or misleading in a
        material particular. Penalty: Imprisonment for 12 months.".
2. Paragraph 56EA(1)(a): After "54A" insert "or 54AA".
3. Subsection 56H(4): After "54A(6)" insert ", 54AA(7)".
PART 2-TAX FILE NUMBERS
4. Subsections 128A(2), (2A), (3) and (3A): Omit the subsections, substitute:
"(2) An income payment, or an allowance under a scheme within the meaning of
Part VII, that a person (the `eligible person') is eligible to receive is not
to be paid to the person if the person fails to comply with the request in
subsection (3) or (3A) (whichever applies). "(3) If an eligible person is in
Australia, the Secretary may request but not compel the person:

   (a)  if the person has a tax file number-to give the Secretary a written
        statement of the person's tax file number; or

   (b)  if the person does not have a tax file number:

   (i)  to apply to the Commissioner of Taxation for a tax file number; and

   (ii) to give the Secretary a written statement of the person's tax file
        number after the Commissioner has issued it. "(3A) If an eligible
        person has a partner or non-illness separated spouse and the partner
        or spouse is in Australia, the Secretary may request but not compel
        the person:

   (a)  if the partner or spouse has a tax file number-to give the Secretary a
        written statement of the partner's or spouse's tax file number; or

   (b)  if the partner or spouse does not have a tax file number-to give the
        Secretary a written statement of the partner's or spouse's tax file
        number after the Commissioner of Taxation has issued it.".
5. Subsection 128A(3B): Omit "(2) or (3)" (wherever occurring), substitute
"(3) or (3A)".
6. Subsection 128A(3B): Omit "requirement", substitute "request".
7. Subsection 128A(3C): Omit "(2) or (3)" (wherever occurring), substitute
"(3) or (3A)".
8. Subsection 128A(4): Omit "Subsection (2) or (3) is satisfied in relation to
a person's tax file number", substitute "The request in subsection (3) or (3A)
(whichever applies) in relation to a person's tax file number is satisfied".
9. Subparagraph 128A(4)(b)(ii): Omit the subparagraph, substitute: "(ii) that
the person has applied for a tax file number; and".
10. Paragraph 128A(4)(f): Omit the paragraph, substitute:

"(f) if subparagraph (b)(ii) applies-the Commissioner of Taxation has not told
the Secretary that:

   (i)  the application for a tax file number has been withdrawn; or

   (ii) the person has not applied for a tax file number.".
PART 3-DOCUMENTS AS EVIDENCE
11. After section 209: Insert: Judicial notice to be taken of certain matters
Judicial notice of signature "210.(1) All courts must take judicial notice of
a signature that purports to be attached or appended to any official document
if it is the signature of a person who:

   (a)  holds or has held the office of Secretary; or

   (b)  is or was an officer of the Department. Judicial notice that person
        holds office "(2) If the signature of a person referred to in
        subsection (1) purports to be attached or appended to any official
        document, all courts must take judicial notice of the fact that the
        person:

   (a)  holds or has held the office of Secretary; or

   (b)  is or was an officer of the Department. Evidence "210A.(1) If the
        signature of any person who:

   (a)  holds or has held the office of Secretary; or

   (b)  is or was an officer of the Department; purports to be attached or
        appended to any official document, the document must be received in
        all courts as prima facie evidence of the facts and statements
        contained in it. "(2) A statement in writing, signed by a person
        referred to in subsection (1), that a person is or was receiving a
        pension, allowance or other benefit under this Act on a certain date
        or at a certain rate must be received in all courts as prima facie
        evidence that the person is or was receiving the pension, allowance or
        benefit on the date or at the rate stated.".
PART 4-CESSATION DATE FOR CAMBODIA AS AN OPERATIONAL AREA
12. Schedule 2 (item 12-column 2): After "1991" insert "to and including 7
October 1993".
PART 5-MISCELLANEOUS AMENDMENTS
13. Section 36JA (first occurring): Renumber as section 36JE, reposition at
the end of Subdivision B of Division 3 of Part III.
14. Section 37JA (first occurring): Renumber as section 37JE, reposition at
the end of Subdivision B of Division 4 of Part III.
15. Section 38JA (first occurring): Renumber as section 38JE, reposition at
the end of Subdivision B of Division 5 of Part III.
16. Section 39JA (first occurring): Renumber as section 39JE, reposition at
the end of Subdivision B of Division 6 of Part III.