Commonwealth Numbered Acts

SOCIAL SECURITY AND VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT (No. 2) 1990 No. 119, 1990 - SECT 16

16. (1) Subject to subsections (2) and (3), where:

   (a)  a person has received a payment of a pension in respect of a period
        that included 22 August 1990; and

   (b)  the person made a false or misleading statement to an officer that:

   (i)  resulted in the pension or a related pension being paid to the person
        during the person's transgression period for the pension:

                (A)  at a time when the person was not eligible for, or
                     entitled to be paid, the pension or related pension; or

                (B)  at a higher rate than the rate at which the person was
                     entitled to be paid the pension or related pension; or

   (ii) that prevented the cancellation of, or a reduction of the rate of, the
        pension or a related pension being paid to the person during the
        person's transgression period for the pension; and

   (c)  where subparagraph (b) (i) applies - at the time of making the
        statement, the person did not know that the statement was false or
        misleading; and

   (d)  during the amnesty period, the person has informed, or informs, the
        Department of the making of the false or misleading statement; then:

   (e)  the person is not guilty of any offence in respect of the making of
        the statement; and

   (f)  where, because of the statement:

   (i)  the pension or a related pension that should have ceased to be paid
        continued to be paid; or

   (ii) an amount of the pension or of a related pension that should not have
        been paid was paid; the person is not indebted to the Commonwealth in
        respect of the payment.

(2) Subsection (1) does not apply where the person, before informing the
Department, had been:

   (a)  charged with an offence in respect of the statement; or

   (b)  informed in writing by an officer or by the Director of Public
        Prosecutions that:

   (i)  proceedings had been, or would be, instituted in respect of such an
        offence; or

   (ii) an amount paid because of the statement is recoverable by the
        Commonwealth.

(3) Subsection (1) does not apply where, before 22 August 1990, the person
notified the Department of the possibility of the payment to the person of an
amount of pension that should not have been paid because of the statement.