Section 81 — Social Security (Administration) Act 1999: Cancellation or suspension for non-compliance with certain notices

(1) If: (a) a person who is receiving a social security payment (other than a jobseeker payment) has been given: (i) a notice under section 67 or 68 that requires the person to give the Department a statement; or (ii) a notice embodying a requirement under Division 1 of Part 5; and (b) the person does not comply with the requirement of the notice; the Secretary may determine that the social security payment is to be cancelled or suspended. (2) If: (a) a person and his or her partner (the partner) are each receiving a social security payment; and (b) the partner has been given: (i) a notice under section 67 or 68 that requires the partner to give the Department a statement; or (ii) a notice embodying a requirement under Division 1 of Part 5; and (c) the notice relates to matters that might also affect the payment of the person’s social security payment; and (d) the partner does not comply with the requirement of the notice; the Secretary may determine that the person’s payment is to be cancelled or suspended. (3) If: (a) a person who is receiving a social security payment has been given a notice under section 67 or 68 that requires the person to inform the Department of a proposal by the person to leave Australia; and (b) the person does not comply with the requirement; and (c) the person leaves Australia; and (d) the person’s portability period (see section 1217 of the 1991 Act) for the payment has not ended; the Secretary may determine that the payment is to be cancelled or suspended. Note: Subsection (3) lets the Secretary make one determination suspending the payment and later make another determination cancelling the payment. See subsection 33(1) of the Acts Interpretation Act 1901.