(4) The Secretary may give a person to whom this subsection applies a notice in writing that requires the person to do either or both of the following:
(a) inform the Department if:
(i) a specified event or change of circumstances occurs; or
(ii) the person becomes aware that a specified event or change of circumstances is likely to occur;
(b) give the Department a statement about a matter that might affect the person’s qualification for the concession card.
(5) An event or change of circumstances is not to be specified in a notice under this section unless the occurrence of the event or change of circumstances might:
(a) affect the payment of the social security payment or the person’s qualification for the concession card, as the case requires; or
(b) affect the operation, or prospective operation, of Part 3B in relation to the person.
68 Person receiving social security payment or holding concession card
(1) Subsection (2) applies to a person to whom a social security payment (other than utilities allowance or energy supplement under Part 2.25B of the 1991 Act) is being paid.
(2) The Secretary may give a person to whom this subsection applies a notice that requires the person to do any or all of the following:
(a) inform the Department if:
(i) a specified event or change of circumstances occurs; or
(ii) the person becomes aware that a specified event or change of circumstances is likely to occur;
(b) give the Department one or more statements about a matter that might affect the payment to the person of the social security payment;
(c) give the Department one or more statements about a matter that might affect the operation, or prospective operation, of Part 3B in relation to the person.
(3) Subsection (4) applies to a person who is the holder of a concession card.
(4) The Secretary may give a person to whom this subsection applies a notice that requires the person to do either or both of the following:
(a) inform the Department if:
(i) a specified event or change of circumstances occurs; or
(ii) the person becomes aware that a specified event or change of circumstances is likely to occur;
(b) give the Department a statement about a matter that might affect the person’s qualification for the concession card.
(5) An event or change of circumstances is not to be specified in a notice under this section unless the occurrence of the event or change of circumstances might:
(a) affect the payment of the social security payment or the person’s qualification for the concession card, as the case requires; or
(b) affect the operation, or prospective operation, of Part 3B in relation to the person.
69 Person who has received a social security payment or who has held a concession card
(1) Subsection (2) applies to a person who is not receiving a social security payment but to whom a social security payment (other than utilities allowance or energy supplement under Part 2.25B of the 1991 Act) has at any time been paid.
(2) The Secretary may give a person to whom this subsection applies a notice that requires the person to do either or both of the following:
(a) inform the Department whether a specified event or change of circumstances has occurred;
(b) give the Department a statement about a matter that might have affected the payment to the person of the social security payment.
(3) Subsection (4) applies to a person who is not the holder of a concession card but has at any time held such a card.
(4) The Secretary may give a person to whom this subsection applies a notice that requires the person to do either or both of the following:
(a) inform the Department whether a specified event or change of circumstances has occurred;
(b) give the Department a statement about a matter that might have affected the person’s qualification for the concession card.
(5) An event or change of circumstances is not to be specified in a notice under this section unless the occurrence of the event or change of circumstances might have affected the payment of the social security payment or the person’s qualification for the concession card, as the case requires.
(6) A person is not required to comply with a notice under this section if the notice requires the person to give information or a statement about an event or change of circumstances that occurred, or a matter that arose, more than 13 weeks before the giving of the notice.
70 Care receiver in respect of whom carer payment being made
(1) If a person is being paid a carer payment because he or she is providing constant care (or, if section 197F of the 1991 Act applies to the person, care) for a care receiver (other than one to whom subsection 198(7) of the 1991 Act applies) or care receivers, the Secretary may give a notice to:
(a) any care receiver who is 16 or more; or
(b) a parent of any care receiver who is under 16;
that requires the care receiver or parent, as the case may be, to inform the Department if:
(c) a specified event or change of circumstances occurs; or
(d) he or she becomes aware that a specified event or change of circumstances is likely to occur.
(2) The notice may describe the event or change of circumstances specified in the notice as a notifiable event for the purposes of section 198C of the 1991 Act.
70AA Person who is subject to the enhanced income management regime etc.
Scope
(1) This section applies to a person if:
(a) the person is subject to the enhanced income management regime (within the meaning of Part 3AA); or
(b) the Secretary is satisfied that it is likely that the person will become subject to the enhanced income management regime (within the meaning of Part 3AA).
Requirement
(2) The Secretary may give the person a notice that requires the person to do either or both of the following:
(a) inform the Department if:
(i) a specified event or change of circumstances occurs; or
(ii) the person becomes aware that a specified event or change of circumstances is likely to occur;
(b) give the Department one or more statements about a matter that might affect the operation, or prospective operation, of Part 3AA in relation to the person.
(3) An event or change of circumstances is not to be specified in a notice under this section unless the occurrence of the event or change of circumstances might affect the operation, or prospective operation, of Part 3AA in relation to the person.
70A Person who is subject to the income management regime etc.
Scope
(1) This section applies to a person if:
(a) the person is subject to the income management regime (within the meaning of Part 3B); or
(b) the Secretary is satisfied that it is likely that the person will become subject to the income management regime (within the meaning of Part 3B).
Requirement
(2) The Secretary may give the person a notice that requires the person to do either or both of the following:
(a) inform the Department if:
(i) a specified event or change of circumstances occurs; or
(ii) the person becomes aware that a specified event or change of circumstances is likely to occur;
(b) give the Department one or more statements about a matter that might affect the operation, or prospective operation, of Part 3B in relation to the person.
(3) An event or change of circumstances is not to be specified in a notice under this section unless the occurrence of the event or change of circumstances might affect the operation, or prospective operation, of Part 3B in relation to the person.
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:
(i) in the case of a notice under section 68 that requires the giving of more than one statement, each relating to the payment of the social security payment in respect of a period—the date by which the person is to give each statement to the Department; or
(ii) in any other case—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).
(2A) A date specified for the purposes of subparagraph (1)(d)(i) must be no earlier than 7 days after:
(i) the day on which the notice under section 68 is given; or
(ii) the day on which the period specified in the notice in relation to that first mentioned date begins;
whichever is the later.
(3) Subject to subsections (4), (6) and (7), the period specified for the purpose of subparagraph (1)(d)(ii) 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;
as the case may be; or
(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; or
(da) in the case of a notice under section 70AA that requires the giving of information mentioned in paragraph 70AA(2)(a)—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;
as the case may be; or
(db) in the case of a notice under section 70AA that requires the giving of a statement mentioned in paragraph 70AA(2)(b)—end not earlier than 14 days after the day on which the notice is given; or
(e) in the case of a notice under section 70A that requires the giving of information mentioned in paragraph 70A(2)(a)—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;
as the case may be; or
(f) in the case of a notice under section 70A that requires the giving of a statement mentioned in paragraph 70A(2)(b)—end not earlier than 14 days after the day on which the notice is given.
(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 that requires the giving of information about an event or change of circumstances, the period to be specified for the purpose of subparagraph (1)(d)(ii) 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, 68, 70AA or 70A:
(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.
(6) If a notice under section 67, 68, 70AA or 70A specifies an event consisting of the death of a person, the period to be specified under subparagraph (1)(d)(ii) 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, 70AA or 70A 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, in response to the notice:
(a) the person gives information or a statement; and
(b) the information or statement is false or misleading; and
(c) the person is reckless as to whether the information or statement 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.
73 Application of provisions
Sections 66A to 72 extend to:
(a) acts, omissions, matters and things outside Australia, whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.
74 Offence—failure to comply with notice
(1) A person must not refuse or fail to comply with a notice under section 67, 68, 69, 70, 70AA or 70A.
Penalty: Imprisonment for 6 months.
(2) Subsection (1) applies only to the extent to which the person is capable of complying with the notice.
(3) Subsection (1) does not apply if the person has a reasonable excuse.
(4) Subsection (1) is an offence of strict liability.
Subdivision C—Provision of tax file numbers
75 Requesting tax file numbers
Persons who may be requested to provide tax file numbers
(1) The Secretary may make a request under subsection (2), (3) or (4) of a person (the request recipient) in Australia who:
(a) is making, or has made, a claim for a social security payment; or
(b) is receiving a social security payment (other than utilities allowance or energy supplement under Part 2.25B of the 1991 Act); or
(c) is making, or has made, a claim for a seniors health card, or a health care card that is income‑tested for the request recipient; or
(d) is the holder of a seniors health card, or a health care card that is income‑tested for the request recipient.
Requesting tax file number of request recipient
(2) The Secretary may request, but not compel, the request recipient:
(a) if the request recipient has a tax file number—to give the Secretary a written statement of the request recipient’s tax file number; or
(b) if the request recipient does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number; and
(ii) to give the Secretary a written statement of the request recipient’s tax file number after the Commissioner of Taxation has issued it.
Requesting tax file number of request recipient’s partner
(3) The Secretary may request, but not compel, the request recipient to give the Secretary a written statement of the tax file number of the request recipient’s partner if:
(a) the request recipient is a member of a couple; and
(b) the request recipient’s partner is in Australia.
Requesting tax file number of other person whose income is relevant to request recipient’s rate of payment
(4) If:
(a) the request recipient:
(i) is making, or has made, a claim for a social security payment; or
(ii) is receiving a social security payment; and
(b) the income of one or more other persons who are in Australia is required to be taken into account for the purpose of working out the rate of the social security payment;
the Secretary may request, but not compel, the request recipient to give the Secretary a written statement of the tax file number of any one or more of those other persons.
76 How request for tax file number is satisfied
Satisfying request for tax file number
(1) If the Secretary requests a person (the request recipient) under section 75 to give the Secretary a written statement of the tax file number of a person (the relevant person), the request recipient satisfies the request by giving the Secretary, within the period mentioned in subsection (2) of this section (if applicable):
(a) the written statement of the relevant person’s tax file number; or
(b) both of the following:
(i) a declaration that meets the requirements of subsection (3) and contains the statement required by subsection (4);
(ii) a document in which the relevant person authorises the Commissioner of Taxation to tell the Secretary the matters mentioned in subsection (5).
Note: The relevant person may be the request recipient or another person whose tax file number has been requested under subsection 75(3) or (4).
Period within which request must be satisfied
(2) Unless the request recipient was making a claim described in paragraph 75(1)(a) or (c) when the request under section 75 was made, the material mentioned in paragraph (1)(a) or (b) of this section must be given within 28 days after the making of the request.
Requirements for declarations
(3) A declaration mentioned in paragraph (1)(b) must be:
(a) for a request under subsection 75(2)—a TFN declaration; or
(b) for a request under subsection 75(3) or (4)—in accordance with a form approved by the Secretary.
(4) A declaration mentioned in paragraph (1)(b) must contain:
(a) a statement that the relevant person:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform the relevant person of his or her tax file number; or
(b) a statement that an application by the relevant person for a tax file number is pending.
Requirements for authorisation documents
(5) For the purposes of subparagraph (1)(b)(ii), the matters are as follows: