Commonwealth Numbered Acts

SUPERANNUATION LEGISLATION AMENDMENT ACT (No. 2) 1986 No. 151, 1986 - SECT 87

87. After section 119W of the Principal Act the following sections are
inserted: Medical examination, &c., of persons to whom deferred benefits by
way of pension are payable under section 119W

"119WA. (1) The Commissioner may, by notice in writing given to a person to
whom deferred benefits by way of pension are payable by virtue of paragraph
(a) of sub-section (2) of section 119W, require that person-

   (a)  to submit himself or herself for medical examination by a medical
        practitioner at a time, being a time before the person attains the age
        of 65 years, and place specified in the notice; or

   (b)  to give in writing to the Commissioner, within such period, being a
        period that ends before the person attains the age of 65 years, as is
        specified in the notice, such information as is required by the notice
        with respect to any employment (whether as an employee or on his or
        her own account) in which the person has been engaged during such
        period as is specified in the notice.

"(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 to him or her 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 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 that notice-the day next following that day; or

   (b)  in a case where the first-mentioned notice required the person to give
        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 (8), (10) and (11) and of section 119WB.

"(5) Subject to section 119WB, a suspension of a person's pension under
sub-section (3) continues in force, unless sooner revoked, until the person
attains the age of 65 years.

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

"(7) Where-

   (a)  the 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.

"(8) Without limiting sub-section (7), where the 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.

"(9) A notice given by the Commissioner under sub-section (8) shall set out
the effect of sub-sections (10) and (11) and of section 119WB.

"(10) Where-

   (a)  because of a request having been made to revoke the suspension of the
        pension of a person (in this sub-section referred to as the 'relevant
        person'), a notice under sub-section (8) 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 (i) of paragraph (b) applies-the day
        on which the relevant person so complied with the notice; or

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

"(11) Where-

   (a)  because of a request having been made to revoke the suspension of the
        pension of a person (in this sub-section referred to as the 'relevant
        person'), a notice under sub-section (8) 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.

"(12) A notice under sub-section (11) shall set out the effect of section
119WB.

"(13) Where a person whose pension has been suspended under sub-section (3)
dies before the pension again becomes payable, the person shall, for the
purposes of sub-section 47 (1) or 48 (2), be deemed to have been in receipt of
pension at the time of the person's death and, for the purposes of sections 47
and 48, the pension shall be deemed to have been payable at the rate at which
it would have been payable to the person if it had not been suspended.

"(14) Where pension again becomes payable to a person whose pension was
suspended under sub-section (3), the person shall, for the purposes of the
application of Part XI in relation to the pension, be deemed to have been in
receipt of pension during the period of the suspension at the rate at which it
would have been payable to the person if it had not been suspended.

"(15) The cost of any medical examination carried out for the purposes of this
section shall be treated as part of the cost of the administration of this
Act.

"(16) 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.

"(17) A reference in sub-section (16) 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.

"(18) A reference in this section to a medical examination by a medical
practitioner does not include a reference to a medical examination by a person
other than a person registered or licensed as a medical practitioner under a
law of a State or Territory that provides for the registration or licensing of
medical practitioners unless-

   (a)  the medical examination is made in a place that is not in Australia or
        an external Territory; and

   (b)  the person is registered or licensed as a medical practitioner under a
        law of that place that provides for the registration or licensing of
        medical practitioners.

"(19) Nothing in this section shall be taken, by implication, to exclude or
limit the application of section 154 of the Superannuation Act 1976 to
decisions under this section that are reviewable decisions within the meaning
of that section. Cancellation of pension where pension suspended for 12
months, &c.

"119WB. Where-

   (a)  a person's pension is suspended under sub-section 119WA (3);

   (b)  immediately before the suspension, the person had not attained the age
        of 64 years; and

   (c)  the suspension is not revoked-

        (i)    in a case where a request to revoke the suspension is made
               under section 119WA before the expiration of a period of 12
               months after the suspension came into force and the
               Commissioner does not make a decision under section 119WA in
               relation to that request within that period-upon the making of
               that decision; or

        (ii)   in any other case-for a period of 12 months, the Commissioner
               may, by notice in writing given to the person, cancel the
               person's entitlement to pension. Election for transfer value by
               persons in relation to whom deferred benefits are applicable

"119WC. (1) Where a person in relation to whom deferred benefits are
applicable under sub-section (1) of section 119W-

   (a)  is or becomes employed in public employment; and

   (b)  is or becomes a member of an eligible superannuation scheme that is
        applicable to persons employed in that employment, the person may
        elect, by notice in writing given to the Commissioner, that, in lieu
        of those deferred benefits, a transfer value in respect of the person
        be paid to the person administering that scheme.

"(2) Where a person to whom deferred benefits are applicable and who is or
becomes a member of an eligible superannuation scheme makes an election under
sub-section (1) for the payment of a transfer value in respect of the person
in lieu of those deferred benefits, a transfer value in respect of the person
is payable to the person administering that scheme.

"(3) Where a transfer value in respect of a person in lieu of deferred
benefits applicable in relation to that person is paid under sub-section (2),
those deferred benefits cease to be applicable in relation to that person.

"(4) Notwithstanding sub-section (2), a transfer value is not payable under
that sub-section in respect of a person in lieu of deferred benefits that are
applicable in relation to that person if at any time after those deferred
benefits first became so applicable they have been payable to the person.

"(5) Notwithstanding sub-section (2), a transfer value in respect of a person
is not payable under that sub-section to the person administering an eligible
superannuation scheme unless the person administering the superannuation
scheme agrees to accept the transfer value and, under the rules of that
scheme, the first-mentioned person will become entitled to retirement benefits
under the scheme based upon the transfer value.

"(6) Nothing in this section shall be taken, by implication, to preclude a
person to whom different deferred benefits are applicable by reason of the
person's having made more than one election under section 119U from making
more than one election under sub-section (1).".