SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 72 Provisions relating to notice

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SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 72

Provisions relating to notice

(1): A notice under this Subdivision:

(a): must be given in writing; and
(b): may be given personally or by post or in any other manner approved by the Secretary; and
(c): must specify how the person is to give the information or statement to the Department; and
(d): must specify the period within which the person is to give the information or statement to the Department; and
(e): must specify that the notice is an information notice given under the social security law.

(2): A notice under this Subdivision is not invalid merely because it fails to comply with paragraph (1)(c) or (e).
(3): Subject to subsections (4), (5), (6) and (7), the period specified for the purpose of paragraph (1)(d) must:

(a): in the case of a notice under section 67, 68 or 69 that requires the giving of information about an event or change of circumstances consisting of the receipt by the person of a compensation payment—be the period of 7 days after the day on which the person becomes aware that he or she has received, or is to receive, a compensation payment; or
(b): in the case of a notice under section 67, 68 or 69 that requires the giving of any other information, or a notice under section 70—be the period of 14 days after:

(i): the day on which the event or change of circumstances occurs; or
(ii): the day on which the person becomes aware that the event or change of circumstances is likely to occur;

(c): in the case of a notice under section 67 or 68 that requires the giving of a statement that relates to the payment of the social security payment in respect of a period specified in the notice—end not earlier than 7 days after the day on which the notice is given; or
(d): in the case of a notice under section 67, 68 or 69 that requires the giving of a statement, not being a notice to which paragraph (c) applies—end not earlier than 14 days after the day on which the notice is given;
(e): in the case of a notice under section 71—be the period of 14 days after:

(i): the day on which the recipient of the notice changed or changes his or her address; or
(ii): the day on which the notice is given;

whichever is the later.

(4): If the Secretary is satisfied that there are special circumstances related to a person who is to be given a notice under this Subdivision (other than a notice under section 71) that requires the giving of information about an event or change of circumstances, the period to be specified for the purpose of paragraph (1)(d) is such period as the Secretary directs in writing, being a period that ends not less than 15 days, and not more than 28 days, after:

(a): in the case of a notice under section 67 or 68:

(i): the day on which the event or change of circumstances occurs; or
(ii): the day on which the person becomes aware that the event or change of circumstances is likely to occur; or

(b): in the case of a notice under section 69—the day on which the notice is given.

(5): If the Secretary is satisfied that, having regard to:

(a): special circumstances related to the person to whom a notice under section 71 is to be given; or
(b): the likely circumstances of the person when the notice is given;

it is desirable that the period specified in the notice for the purpose of paragraph (1)(d) be extended, the period to be so specified is such period as the Secretary directs in writing, being a period that ends not earlier than 15 days, and not later than 28 days, after:

(c): the day on which the recipient of the notice changed or changes his or her address; or
(d): the day on which the notice is given;

whichever is the later.

(6): If a notice under section 67 or 68 specifies an event consisting of the death of a person, the period to be specified under paragraph (1)(d) is a period of 28 days after the day on which the event occurs.
(7): To the extent that a notice under section 67, 68 or 71 requires a person to inform the Department of any proposal by the person to leave Australia, subsection (3) does not apply to the notice.
(8): For the purposes of any provision of this Act, other than section 74 or a provision of Part 6, a person is taken to have failed to comply with a notice under this Subdivision if the person, in response to the notice, knowingly or recklessly gives information or a statement that is false or misleading.
(9): Nothing in this section prevents the giving of more than one notice under this Subdivision to the same person in relation to:

(a): a claim by the person for the same social security payment or concession card; or
(b): the receipt by the person of the same social security payment; or
(c): the holding by the person of the same concession card.

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