Commonwealth Numbered Acts

SOCIAL SECURITY AND VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT (No. 2) 1990 No. 119, 1990 - SECT 27

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

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

   (b)  because of an event during the person's transgression period:

   (i)  the person ceased to be eligible for, or entitled to be paid, the
        pension or another pension; or

   (ii) the rate at which the person was entitled to be paid the pension or
        another pension decreased; and

   (c)  before the amnesty period, the person failed to comply with an
        obligation under the Entitlements Act to notify the Department of the
        event; and

   (d)  during the amnesty period, the person has informed, or informs, the
        Department of the event; then:

   (e)  the person is not guilty of an offence in respect of the failure; and

   (f)  where, because of the failure:

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

   (ii) an amount of the pension or of another 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 failure; 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 failure 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 event.