119WAMedical examination etc. of persons to whom deferred benefits by way of pension are payable under section 119W

#### 119WA Medical examination etc. of persons to whom deferred benefits by way of pension are payable under section 119W (1) The Commissioner may, by notice in writing given to a person to whom deferred benefits by way of pension are payable by virtue of paragraph (a) of subsection (2) of section 119W, require that person: (a) to submit himself or herself for medical examination by a medical practitioner at a time, being a time before the person attains the age of 65 years, and place specified in the notice; or (b) to give in writing to the Commissioner, within such period, being a period that ends before the person attains the age of 65 years, as is specified in the notice, such information as is required by the notice with respect to any employment (whether as an employee or on his or her own account) in which the person has been engaged during such period as is specified in the notice. (2) A notice under subsection (1) shall set out the effect of subsection (3). (3) Where a person fails to comply with a notice given to him or her under subsection (1) and the Commissioner is not satisfied that there was a reasonable excuse for the failure, the Commissioner may by notice in writing given to the person, suspend the person’s pension with effect from such day as the Commissioner determines, being a day not earlier than: (a) in a case where the first‑mentioned notice required the person to submit himself or herself for medical examination on a day specified in that notice—the day next following that day; or (b) in a case where the first‑mentioned notice required the person to give information within a period specified in the notice—the day next following the expiration of that period. (4) A notice to a person under subsection (3) shall set out the effect of subsections (8), (10) and (11) and of section 119WB. (5) Subject to section 119WB, a suspension of a person’s pension under subsection (3) continues in force, unless sooner revoked, until the person attains the age of 65 years. (6) Pension is not payable in respect of a period during which a suspension of the pension under subsection (3) is in force. (7) Where: (a) the pension of a person is suspended under subsection (3); and (b) the Commissioner, having regard to such matters as he or she considers relevant, is of the opinion that the suspension should be revoked; the Commissioner may, by notice in writing given to the person or to the person and a person acting on the person’s behalf, as the case requires, revoke the suspension with effect from such day as the Commissioner determines, being a day not later than the day on which the notice is given. (8) Without limiting subsection (7), where the pension of a person (in this subsection referred to as the relevant person) is suspended under subsection (3), the relevant person, or another person acting on his or her behalf, may, by notice in writing given to the Commissioner, request the Commissioner to revoke the suspension, and where such a request is made, the Commissioner shall, by notice in writing given to the relevant person or to the relevant person and the other person, as the case may be: (a) if the pension has been suspended by virtue of the relevant person’s having failed to comply with a notice requiring the relevant person to submit himself or herself for medical examination—require the relevant person to submit himself or herself for medical examination by a medical practitioner at a time, being a time before the relevant person attains the age of 65 years, and place specified in the second‑mentioned notice; or (b) if the pension has been suspended by virtue of the relevant person’s having failed to comply with a notice requiring the relevant person to give information to the Commissioner (in this paragraph referred to as the original notice)—require the relevant person to give in writing to the Commissioner, within such period as is specified in the second‑mentioned notice, being a period that ends before the relevant person attains the age of 65 years, such information as was required by the original notice to be given. (9) A notice given by the Commissioner under subsection (8) shall set out the effect of subsections (10) and (11) and of section 119WB. (10) Where: (a) because of a request having been made to revoke the suspension of the pension of a person (in this subsection referred to as the relevant person), a notice under subsection (8) is given to the relevant person or to the relevant person and another person; and (b) either: (i) the relevant person complies with the notice; or (ii) the relevant person fails to comply with the notice but the Commissioner is satisfied that there was a reasonable excuse for the failure; the Commissioner shall, by notice in writing given to the relevant person or to the relevant person and the other person, as the case may be, revoke the suspension with effect from such day as the Commissioner determines, being a day not later than: (c) in a case to which subparagraph (i) of paragraph (b) applies—the day on which the relevant person so complied with the notice; or (d) in a case to which subparagraph (ii) of paragraph (b) applies—the day on which the Commissioner became so satisfied. (11) Where: (a) because of a request having been made to revoke the suspension of the pension of a person (in this subsection referred to as the relevant person), a notice under subsection (8) is given to the relevant person or to the relevant person and another person; and (b) the relevant person fails to comply with the notice and the Commissioner is not satisfied that there was a reasonable excuse for the failure; the Commissioner shall, by notice in writing given to the relevant person or to the relevant person and the other person, as the case may be, refuse to revoke the suspension. (12) A notice under subsection (11) shall set out the effect of section 119WB. (13) Where a person whose pension has been suspended under subsection (3) dies before the pension again becomes payable, the person shall, for the purposes of subsection 47(1) or 48(2), be deemed to have been in receipt of pension at the time of the person’s death and, for the purposes of sections 47 and 48, the pension shall be deemed to have been payable at the rate at which it would have been payable to the person if it had not been suspended. (14) Where pension again becomes payable to a person whose pension was suspended under subsection (3), the person shall, for the purposes of the application of Part XI in relation to the pension, be deemed to have been in receipt of pension during the period of the suspension at the rate at which it would have been payable to the person if it had not been suspended. (15) The cost of any medical examination carried out for the purposes of this section shall be treated as part of the cost of the administration of this Act. (16) Where the Commissioner is required by this section to give a person a notice, the notice shall be taken to have been given to the person if: (a) the notice is served on the person personally; (b) the notice is sent to the person by pre‑paid post as a letter and the person acknowledges receipt of the letter; or (c) where the Commissioner has caused all reasonable steps to be taken to ascertain a reliable address of the person, the notice is sent to the person by pre‑paid post to: (i) in a case where the Commissioner is satisfied that at least one reliable address of the person has been ascertained—that reliable address, or one of the reliable addresses, ascertained; or (ii) in any other case—the last address of the person known to the Commissioner. (17) A reference in subsection (16) to a reliable address of a person shall be read as a reference to an address where, if a letter were sent to the person by pre‑paid post to the address, the person would probably receive the letter. (18) A reference in this section to a medical examination by a medical practitioner does not include a reference to a medical examination by a person other than a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners unless: (a) the medical examination is made in a place that is not in Australia or an external Territory; and (b) the person is registered or licensed as a medical practitioner under a law of that place that provides for the registration or licensing of medical practitioners.