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Compensation and Support Policy Library
Part 12 Compliance and Obligations
12.2 Information Gathering Powers
- 12.2.5 Non-compliance with Notices
Compliance with information gathering notice
A person must not:
- refuse or fail to comply with a notice requesting information to the extent that the person is capable of complying, or VEA ?VEA ? (go back)
Section 54A(6) VEA - pension recipient
Section 54AA(7) VEA - pension recipient or applicant
Section 127(4) VEA - pension recipient or applicant, or treatment recipient or applicant
Section 128(4) VEA - third party or person indebted to the Commonwealth
- knowingly give information that is false or misleading. VEA ?VEA ? (go back)
Section 54A(7) VEA - pension recipient
Section 54AA(8) VEA - pension recipient or applicant
Section 127(5) VEA - pension recipient or applicant, or treatment recipient or applicant
Section 128(5) VEA - third party or person indebted to the Commonwealth
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.
Penalties under section 54A
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 54A notice when capable are:
- the pension or payment may be cancelled or suspended
- $1,000 or imprisonment for 6 months, or both.
Penalties under section 127
VEA ?VEA ? (go back)
Section 127(5) VEA - false or misleading information
Section 127(4) VEA - failure or refusal to comply
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.
The penalties for failing to comply with a section 54AA notice when capable are:
- the pension may be cancelled or suspended, or
- Imprisonment for 6 months.
Penalties under section 128
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.