41Commissioner may require further information to be provided by applicant

41 Commissioner may require further information to be provided by applicant

(1)  This section applies in relation to an application for compensation if the Commissioner is not satisfied that there is sufficient information available to the Commissioner to enable the Commissioner to determine the application under section 70 .

(2)  This section does not apply in relation to information as to the degree of impairment of a person who has an asbestos-related disease.

(3)  The Commissioner may, by notice to a person who has made an application for compensation to which this section applies –

(a) request the person to provide to the Commissioner the further information specified in the notice; and

(b) specify in the notice a date by which the information must be provided to the Commissioner; and

(c) notify the person that –

(i) the Commissioner may refuse to consider the application until the further information is provided to the Commissioner; and

(ii) the Commissioner may reject the application if the further information is not provided to the Commissioner by the date specified in the notice in accordance with paragraph (b) .

(4)  A date specified in a notice for the purposes of subsection (3)(b) is not to be earlier than 40 business days after the day on which the notice is issued.

(5)  If the Commissioner has issued a notice under subsection (3) to a person requiring the person to provide further information to the Commissioner in relation to an application for compensation –

(a) the Commissioner may refuse to consider the application until the further information is provided to the Commissioner; or

(b) the Commissioner may reject the application if the information is not provided by the person by the date specified in the notice in accordance with subsection (3)(b) .

(6)  The rejection by the Commissioner under subsection (5)(b) of an application for compensation made by a person does not prevent a further application for compensation being made by the person.

(7)  Nothing in subsection (6) is to be taken to extend a period, specified in Division 2 , in which an application for compensation must be made.