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12.2.5 Non-compliance with Notices

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Compliance with information gathering notice

A person must not:

If information provided by a person is found to be false or misleading, care should be taken to establish whether the person was aware that this was the case.

Person not required to comply with a notice

A person may be capable of supplying the information required but in doing so may break another Commonwealth law. In this case the person is not required to produce a document or give evidence. This does not extend to State or Territory laws.    

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Reasons a person may be unable to comply with a notice

Section 12.1.5

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Penalties under section 54A

The penalty for knowingly providing misleading information is $2000 or imprisonment for 12 months or both.    VEA?

The penalties for failure or refusal to comply with a section 54A  notice when capable are:

  • the pension may be cancelled or suspended    VEA?
  • $1,000 or imprisonment for 6 months, or both.    VEA?
Penalties under section 127

VEA ?

Section 127(5) VEA - false or misleading information

Section 127(4) VEA - failure or refusal to comply

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The penalty for knowingly providing misleading information is $2000 or imprisonment for 12 months or both. The penalties for failure or refusal to comply with a section 127 notice when capable are $1,000 or imprisonment for 6 months, or both.

Penalties under section 54AA

The penalty for knowingly providing misleading information is imprisonment for 12 months.    VEA?

The penalties for failing to comply with a section 54AA notice when capable are:

  • the pension may be cancelled or suspended, or    VEA?
  • Imprisonment for 6 months.    VEA?
Penalties under section 128

VEA ?

Section 128(5) VEA - misleading information

Section 128(4) VEA - failure or refusal to comply

VEA ? (go back)

The penalty for knowingly providing misleading information is $2000 or imprisonment for 12 months, or both. The penalty for failure or refusal to comply with a notice where capable is $1,000 or imprisonment for 6 months, or both.