- (1)
- The Commissioner may give a member, or the legal personal representative
of a member, a written notice requiring the member or representative to give
the Commissioner a statement setting out:
- (a)
- information to enable the Commissioner to determine:
- (i)
- whether a Government co-contribution is payable in respect of the member;
or
- (ii)
- the amount of any Government co-contribution payable in respect of the
member; or
- (b)
- information to enable the Commissioner to determine the superannuation
provider to which the Commissioner should pay a Government co-contribution, or
an underpaid amount, payable in respect of the member; or
- (c)
- information to enable the Commissioner to determine:
- (i)
- whether an amount is recoverable under section 24 (which deals with
overpayments) in relation to a Government co-contribution paid in respect of
the member; or
- (ii)
- the amount overpaid in relation to a Government co-contribution paid in
respect of the member; or
- (d)
- any other matters specified in the regulations.
The notice must specify the period within which the statement must be given to
the Commissioner. The period specified must end not less than 21 days after
the day the notice is given.
- (2)
- The member or representative commits an
offence if:
- (a)
- the notice requires the member or representative to give the Commissioner
a statement setting out information to enable the Commissioner to determine:
- (i)
- whether an amount is recoverable under section 24 (which deals with
overpayments) in relation to a Government co-contribution paid in respect of
the member; or
- (ii)
- the amount overpaid in relation to a Government co-contribution paid in
respect of the member; and
- (b)
- the member or representative fails to comply with the notice.
Penalty: 60 penalty units.
- (3)
- The Commissioner may give a notice under
subsection (1) at any time and from time to time.