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 ?

   

  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

   

  VEA ? (go back)
• knowingly give information that is false or misleading.    
  VEA ?

   

  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

   

  VEA ? (go back)

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

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.