Commonwealth Numbered Acts

SOCIAL SECURITY (BUDGET AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1993 No. 121, 1993 - SECT 33

33. After section 133 of the Principal Act the following section is inserted
in Division 8 of Part 2.3: Secretary may require recipient or partner to take
action to obtain a comparable foreign payment

"133A.(1) If the Secretary is satisfied that a disability support pension
recipient would be entitled to a comparable foreign payment from a CFP country
if the recipient applied for the payment, the Secretary may give the recipient
a notice that requires the recipient to take reasonable action to obtain the
payment. Note: For the consequences of failure to comply with the notice see
section 146AA.

"(2) If the Secretary is satisfied that the partner of a disability support
pension recipient would be entitled to a comparable foreign payment from a CFP
country if the partner applied for the payment, the Secretary may give the
recipient a notice that requires the partner to take reasonable action to
obtain the payment. Note: For the consequences of failure to comply with the
notice see section 146AA.

"(3) A notice under subsection (1) or (2):

   (a)  must be in writing; and

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

   (c)  must specify the period within which the reasonable action is to be
        taken.

"(4) The period specified under paragraph (3)(c) must end at least 14 days
after the day on which the notice is given.

"(5) For the purposes of this section, a person takes reasonable action to
obtain a comparable foreign payment only if the person takes reasonable action
to obtain that payment at the highest rate applicable to the person.".