Commonwealth Numbered Acts

SUPERANNUATION LEGISLATION AMENDMENT ACT (No. 2) 1986 No. 151, 1986 - SECT 33

33. (1) Section 74 of the Principal Act is amended by omitting from
sub-section (6) "sub-section 106 (3)" and substituting "sub-sections 106 (3)
and 108 (3)".

(2) Section 74 of the Principal Act is amended-
(a) by omitting from sub-section (1) "but who has not attained the age of 65
years";

   (b)  by inserting in paragraph (1) (a) ", being a time before the person
attains the age of 65 years," after " time";

   (c)  by inserting in paragraph (1) (b) ", being a period that ends before
the person attains the age of 65 years," after "period" (first occurring);

   (d)  by omitting sub-sections (2), (3), (4) and (5) and substituting the
        following sub-sections:

"(2) A notice under sub-section (1) shall set out the effect of sub-section
(3).

"(3) Where a person fails to comply with a notice given under sub-section (1)
and the Commissioner is not satisfied that there was a reasonable excuse for
the failure, the Commissioner may, by notice in writing given to the person,
suspend the person's invalidity pension with effect from such day as the
Commissioner determines, being a day not earlier than-

   (a)  in a case where the first-mentioned notice required the person to
        submit himself or herself for medical examination on a day specified
        in the notice-the day next following that day; or

   (b)  in a case where the first-mentioned notice required the person to
        furnish information within a period specified in the notice-the day
        next following the expiration of that period.

"(4) A notice to a person under sub-section (3) shall set out the effect of
sub-sections (5C), (5E) and (5F) and of section 74A.

"(5) Subject to section 74A, a suspension of a person's invalidity pension
under sub-section (3) continues in force, unless sooner revoked, until the
person attains the age of 65 years.

"(5A) Invalidity pension is not payable in respect of a period during which a
suspension of the pension under sub-section (3) is in force.

"(5B) Where-

   (a)  the invalidity pension of a person is suspended under sub-section (3);
        and

   (b)  the Commissioner, having regard to such matters as he or she considers
        relevant, is of the opinion that the suspension should be revoked,
the Commissioner may, by notice in writing given to the person or to the
person and a person acting on the person's behalf, as the case requires,
revoke the suspension with effect from such day as the Commissioner
determines, being a day not later than the day on which the notice is given.

"(5C) Without limiting sub-section (5B), where the invalidity pension of a
person (in this sub-section referred to as the 'relevant person') is suspended
under sub-section (3), the relevant person, or another person acting on his or
her behalf, may, by notice in writing given to the Commissioner, request the
Commissioner to revoke the suspension, and where such a request is made, the
Commissioner shall, by notice in writing given to the relevant person or to
the relevant person and the other person, as the case may be-

   (a)  if the pension has been suspended by virtue of the relevant person's
        having failed to comply with a notice requiring the relevant person to
        submit himself or herself for medical examination-require the relevant
        person to submit himself or herself for medical examination by a
        medical practitioner at a time, being a time before the relevant
        person attains the age of 65 years, and place specified in the
        second-mentioned notice; or

   (b)  if the pension has been suspended by virtue of the relevant person's
        having failed to comply with a notice requiring the relevant person to
        give information to the Commissioner (in this paragraph referred to as
        'the original notice')-require the relevant person to give in writing
        to the Commissioner, within such period as is specified in the
        second-mentioned notice, being a period that ends before the relevant
        person attains the age of 65 years, such information as was required
        by the original notice to be given.

"(5D) A notice given by the Commissioner under sub-section (5C) shall set out
the effects of sub-sections (5E) and (5F) and of section 74A.

"(5E) Where-

   (a)  because of a request having been made to revoke the suspension of the
        invalidity pension of a person (in this sub-section referred to as the
        'relevant person'), a notice under sub-section (5C) is given to the
        relevant person or to the relevant person and another person; and

   (b)  either-

        (i)    the relevant person complies with the notice; or

        (ii)   the relevant person fails to comply with the notice but the
               Commissioner is satisfied that there was a reasonable excuse
               for the failure,
the Commissioner shall, by notice in writing given to the relevant person or
to the relevant person and the other person, as the case may be, revoke the
suspension with effect from such day as the Commissioner determines, being a
day not later than-

   (c)  in a case to which sub-paragraph (b) (i) applies-the day on which the
        relevant person so complied with the notice; or

   (d)  in a case to which sub-paragraph (b) (ii) applies-the day on which the
        Commissioner became so satisfied.

"(5F) Where-

   (a)  because of a request having been made to revoke the suspension of the
        invalidity pension of a person (in this sub-section referred to as the
        'relevant person'), a notice under sub-section (5C) is given to the
        relevant person or to the relevant person and another person; and

   (b)  the relevant person fails to comply with the notice and the
        Commissioner is not satisfied that there was a reasonable excuse for
        the failure,
the Commissioner shall, by notice in writing given to the relevant person or
to the relevant person and the other person, as the case may be, refuse to
revoke the suspension.

"(5G) A notice under sub-section (5F) shall set out the effect of section
74A."; and

   (e)  by adding at the end the following sub-sections:

"(9) Where the Commissioner is required by this section to give a person a
notice, the notice shall be taken to have been given to the person if-

   (a)  the notice is served on the person personally;

   (b)  the notice is sent to the person by pre-paid post as a letter and the
        person acknowledges receipt of the letter; or

   (c)  where the Commissioner has caused all reasonable steps to be taken to
        ascertain a reliable address of the person, the notice is sent to the
        person by pre-paid post to-

        (i)    in a case where the Commissioner is satisfied that at least one
               reliable address of the person has been ascertained-that
               reliable address, or one of the reliable addresses,
               ascertained; or

        (ii)   in any other case-the last address of the person known to the
               Commissioner.

"(10) A reference in sub-section (9) to a reliable address of a person shall
be read as a reference to an address where, if a letter were sent to the
person by pre-paid post to the address, the person would probably receive the
letter.

"(11) Nothing in this section shall be taken, by implication, to exclude or
limit the application of section 154 to decisions under this section that are
reviewable decisions within the meaning of that section.".

(3) Section 74 of the Principal Act is amended-

   (a)  by omitting paragraph (1) (b) and substituting the following
        paragraph:

"(b) to give in writing to the Commissioner, within such period as is
specified in the notice, being a period that ends before the person attains
the age of 65 years-

        (i)    such information as is required by the notice with respect to
               any employment (whether as an employee or on the person's own
               account) in which the person has been engaged during such
               period as is specified in the notice; or

        (ii)   particulars of the person's personal earnings, within the
               meaning of section 73A, and an estimate of the amount of those
               earnings that the person expects to receive in the next 12
               months."; and
(b) by inserting in sub-sections (6) and (7) "or sub-section 73A (4)" after
"(3) of this section".

(4) Section 74 of the Principal Act as amended by sub-section (2)-

   (a)  applies in relation to notices given under sub-section 74 (1) of the
        Principal Act before the commencement of this sub-section as if the
        notices had been given under sub-section 74 (1), and complied with
        sub-section 74 (2), of the Principal Act as so amended; and

   (b)  applies in relation to the suspension under section 74 of the
        Principal Act of invalidity pension before that commencement as if the
        suspension had been under sub-section 74 (3) of the Principal Act as
        so amended.