HEALTH INSURANCE AMENDMENT (COMPLIANCE) BILL 2009

Health Insurance Amendment (Compliance) Bill 2009 No. , 2009 1

A Bill for an Act to amend the Health Insurance Act

1973, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Health Insurance Amendment

(Compliance) Act 2009.

2 Commencement

This Act commences on 1 January 2010.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

Amendment of the Health Insurance Act 1973 Schedule 1

Health Insurance Amendment (Compliance) Bill 2009 No. , 2009 3

Schedule 1--Amendment of the Health

Insurance Act 1973

1 Subsection 3(1)

Insert:

medicare number has the same meaning as in subsection 84(1) of

the National Health Act 1953.

2 After section 129AAC

Insert:

129AAD Notice to produce documents

When section applies

(1) This section applies if the Medicare Australia CEO:

(a) has a reasonable concern that an amount paid, purportedly by

way of benefit or payment under this Act, in respect of one or

more professional services, may exceed the amount (if any)

that should have been paid; and

(b) has taken into account advice given to him or her by a

medical practitioner who is an employee of Medicare

Australia about the types of documents that contain

information relevant to ascertaining whether amounts paid in

respect of professional services of the same kind or kinds as

the service or services referred to in paragraph (a) should

have been paid.

Note:

For the purposes of paragraph (a), the CEO may, for example, have a

reasonable concern about benefits or payments made in respect of:

(a) professional services rendered by individual practitioners; or

(b) professional

services

rendered by particular kinds of

practitioners; or

items, relate.

CEO may require person to produce document etc.

(2) If the CEO believes on reasonable grounds that:

(a)

person:

Schedule 1 Amendment of the Health Insurance Act 1973

4 Health Insurance Amendment (Compliance) Bill 2009 No. , 2009

(i) who rendered a professional service in respect of which

an amount has been paid that is the subject of the CEO's

concern; or

(ii) on whose behalf such a professional service was

rendered; or

(b) subject to subsection (7), another person;

has possession, custody or control of one or more documents

relevant to ascertaining whether the amount paid in respect of the

professional service should have been paid, the CEO may, by

written notice given to the person, require the person to do any or

all of the things mentioned in subsection (5).

(3) The CEO may only give a notice to a person under subsection (2)

in respect of a professional service if the CEO has given the person

a reasonable opportunity to respond to a request (other than under

this section) to produce to the CEO, or an employee of Medicare

Australia, documents relevant to ascertaining whether the amount

paid, purportedly by way of benefit or payment under this Act, in

respect of the service, should have been paid.

(4) A notice may only be given in respect of a professional service that

was rendered in the period of 2 years immediately before the notice

is given.

(5) The CEO may require the person, in relation to each professional

service specified in the notice:

(a) subject to subsection (6), to produce to the CEO, or an

employee of Medicare Australia, any document, or extract of

any document, that is relevant for the purpose set out in

subsection (2); or

(b) to make a copy of any such document or extract and to

produce that copy to the CEO or employee.

Note:

For a person referred to in paragraph (2)(a), failure to comply with a

notice may lead to recovery action (see section 129AC) and an

administrative penalty may be applied (see sections 129AEA,

129AEB and 129AEC). For a person referred to in paragraph (2)(b),

failure to comply with a notice may lead to a civil penalty (see

section 129AAE).

(6) If a document, extract or copy contains clinical details relating to

an individual, the person to whom the notice is given is not

required to produce the document, extract or copy to a person other

Amendment of the Health Insurance Act 1973 Schedule 1

Health Insurance Amendment (Compliance) Bill 2009 No. , 2009 5

than an employee of Medicare Australia who is a medical

practitioner.

CEO not to give notice to certain persons

(7) A person referred to in paragraph (2)(b) does not include:

(a) the person in respect of whom the professional service was

rendered; or

(b) the person who incurred the medical expenses in respect of

the service.

Content of notice

(8) The notice must:

(a) specify details of each professional service (including the

item, date on which the service was rendered and medicare

number of the person in respect of whom the service was

rendered) in relation to which the document, extract or copy

is to be produced; and

(b) specify the reason or reasons for the CEO's concern that an

amount paid, purportedly by way of benefit or payment under

this Act, in respect of each such service may exceed the

amount (if any) that should have been paid; and

and

(d) contain a statement to the effect that the person to whom the

notice is given is not expected to produce a document, extract

or copy containing clinical details relating to an individual

unless the document, extract or copy is necessary to

ascertaining whether the amount paid in respect of the service

should have been paid; and

(e) specify the period within which, and place at which, the

document, extract or copy is to be produced.

The period specified under paragraph (e) must be a period ending

at least 21 days after the day on which the notice is given.

Health information

(9) The power under this section to require a document, extract or

copy to be produced includes the power to require the production

of a document, extract or copy containing health information

(within the meaning of the Privacy Act 1988) about an individual.

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6 Health Insurance Amendment (Compliance) Bill 2009 No. , 2009

Section not limited

(10) This section is not limited by:

(a) any other provision of this Act; or

(b) any provision of the Medicare Australia Act 1973 or any

other Act;

that relates to the powers of the CEO to require the production of

documents.

129AAE Civil penalty--failure to comply with requirement in notice

(1) A person referred to in paragraph 129AAD(2)(b) contravenes this

section if:

(a) the person is given a notice under section 129AAD requiring

the person to do something in respect of a professional

service; and

(b) the person fails to comply with the requirement within the

period specified in the notice.

Civil penalty:

(a) for an individual--20 penalty units; and

(b) for a body corporate--100 penalty units.

(2) It is a defence in proceedings for a contravention of subsection (1)

if:

(a) the failure to comply is brought about by another person over

whom the person has no control or by a non-human act or

event over which the person has no control; and

(b) the person could not reasonably be expected to guard against

the failure.

Note:

The defendant bears the onus of proving the matters necessary to

establish the defence.

129AAF Self-incrimination etc.

(1) A person is not excused from producing a document, extract or

copy when required to do so under section 129AAD on the ground

that doing so would tend to incriminate the person or expose the

person to a penalty.

(2) However, the production of the document, extract or copy, and any

information obtained as a direct or indirect result of the production

Amendment of the Health Insurance Act 1973 Schedule 1

Health Insurance Amendment (Compliance) Bill 2009 No. , 2009 7

of the document, extract or copy, are not admissible in evidence

against the person in:

(a) any criminal proceedings, other than:

(i) proceedings for an offence against this Act dealing with

false or misleading information or documents; and

(ii) proceedings for an offence against section 137.1 or

137.2 of the Criminal Code (which deals with false or

misleading information or documents) that relates to

this Act; or

(b) any civil proceedings, other than a civil proceeding arising

under Part VIA or this Part.

129AAG CEO or employee of Medicare Australia may deal with

documents etc. produced

(1) If a document, extract or copy has been produced under

section 129AAD in respect of a professional service, the Medicare

Australia CEO, or an employee of Medicare Australia, may do all

or any of the things mentioned in subsection (2) for the purpose of

ascertaining whether the information contained in the document,

extract or copy properly substantiates that an amount paid,

purportedly by way of benefit or payment under this Act, in respect

of the service, should have been paid.

Note:

If the information does not properly substantiate the amount, recovery

action may be taken (see section 129AC) and an administrative

penalty may be applied (see sections 129AEA, 129AEB and

129AEC).

(2) The CEO or employee may:

(a) inspect the document, extract or copy; and

(b) make a copy of, or take an extract from, the document,

extract or copy; and

for such reasonable period as he or she thinks fit.

(3) The person otherwise entitled to possession of the document or

extract is entitled to be supplied, as soon as practicable, with a

copy certified by the CEO, or an employee, to be a true copy.

(4) The certified copy must be received in all courts and tribunals as

evidence as if it were the original.

Schedule 1 Amendment of the Health Insurance Act 1973

8 Health Insurance Amendment (Compliance) Bill 2009 No. , 2009

(5) Until a certified copy is supplied, the CEO, or an employee, must,

at such times and places as he or she thinks appropriate, permit the

person otherwise entitled to possession of the document or extract,

or a person authorised by that person, to inspect and make copies

of, or take extracts from, the document or extract.

(6) This section is not limited by:

(a) any other provision of this Act; or

(b) any provision of the Medicare Australia Act 1973 or any

other Act;

that relates to the powers of the CEO, or an employee of Medicare

Australia, to deal with a document, extract or copy as described in

subsection (2) of this section.

(7) An employee of Medicare Australia referred to in this section may

be an employee other than the employee to whom the document,

extract or copy was required to be produced.

129AAH Notice of decision: no amount recoverable because

amounts paid substantiated etc.

Amount paid substantiated

(1)

If:

(a) a person produces to the Medicare Australia CEO, or to an

employee of Medicare Australia, a document, extract or copy

relating to a professional service after being requested, or

required under section 129AAD, to do so; and

(b) the CEO decides that the information contained in the

document, extract or copy properly substantiates that the

amount paid, by way of benefit or payment under this Act, in

respect of the service, should have been paid;

the CEO must give the person written notice of the decision.

Circumstances beyond control exist

(2) If the CEO is satisfied, for the purposes of subsection 129AC(1B)

or (1D), that circumstances beyond a person's control exist, the

CEO must give the person written notice of the decision.

(3) If the CEO is satisfied, for the purposes of subsection 129AC(1F),

that circumstances exist beyond the control of:

Amendment of the Health Insurance Act 1973 Schedule 1

Health Insurance Amendment (Compliance) Bill 2009 No. , 2009 9

(a) the person from whom the amount concerned is recoverable;

and

(b) the recipient of the notice concerned;

the CEO must give written notice of the decision to the person

from whom the amount concerned is recoverable.

Notice may include notice of other decisions

(4) The CEO's written notice to a person of a decision may include

written notice of other decisions referred to in this section, or

section 129AAI, that also are required to be given to the person.

129AAI Notice of decision: amounts recoverable

(1) If an amount is recoverable under subsection 129AC(1), (1A), (1C)

or (1E) as a debt due to the Commonwealth from a person, or from

an estate, the Medicare Australia CEO must give written notice to

the person or estate of:

(a) the decision to claim the amount as a debt; and

(b) the reasons for the decision; and

under subsection 129AAJ(1).

(2) The CEO's written notice to a person or an estate of a decision

may include written notice of other decisions referred to in this

section, or section 129AAH, that also are required to be given to

the person or estate. The written notice may also, as appropriate,

state that the CEO was not satisfied, for the purposes of subsection

129AC(1B), (1D) or (1F), that circumstances beyond a person's

control existed.

(3) A failure to comply with the requirements of subsection (1) does

not affect the validity of the decision.

(4) The CEO must not serve a notice on a person or an estate claiming

an amount as a debt before the end of the period of 28 days after

written notice of the decision referred to in subsection (1) is given

to the person or estate.

Schedule 1 Amendment of the Health Insurance Act 1973

10 Health Insurance Amendment (Compliance) Bill 2009 No. , 2009

129AAJ Review of decisions to claim amounts as debts

(1) If the Medicare Australia CEO makes a decision referred to in

subsection 129AAI(1) about a person or an estate, the person or

estate may apply in writing to the CEO, in the form approved in

writing by the CEO, for a review of the decision.

(2) An application for review of a decision must be made within 28

days after the person or estate is notified of the decision.

(3) On receiving an application for review of a decision, the CEO

must:

(a) review the decision; and

(b) confirm, vary or revoke the decision.

(4) The CEO must give to the applicant written notice of the decision

on the review within 28 days after receiving the application for

review.

(5) A failure to comply with subsection (4) does not affect the validity

of the CEO's decision on the review.

(6) To avoid doubt, a decision referred to in subsection 129AAI(1)

(including such a decision varied under this section) may be

reviewed under this section once only.

3 Application

Sections 129AAD, 129AAH and 129AAI of the Health Insurance Act

1973 apply in respect of a professional service that is rendered on or

after the commencement of those sections.

4 After subsection 129AC(1)

Insert:

Failure to produce document

(1A) Subject to subsection (1B), if:

(a) a person referred to in paragraph 129AAD(2)(a) is required,

by a notice given under section 129AAD, to produce a

document, extract or copy in respect of a professional

service; and

(b) the person does not comply with the requirement within the

period set out in the notice;

Amendment of the Health Insurance Act 1973 Schedule 1

Health Insurance Amendment (Compliance) Bill 2009 No. , 2009 11

the amount paid, purportedly by way of benefit or payment under

this Act, in respect of the service, is recoverable as a debt due to

the Commonwealth from the person, or the estate of the person,

whether or not the amount was paid to the person.

(1B) Subsection (1A) does not apply if the person concerned satisfies

the Medicare Australia CEO that the person's non-compliance is

due to circumstances beyond the person's control.

Note:

See section 129AAJ for review of decisions.

Amount not properly substantiated--notice to person referred to in

paragraph 129AAD(2)(a)

(1C) Subject to subsection (1D), if:

(a) a person referred to in paragraph 129AAD(2)(a) is required,

by a notice given under section 129AAD, to produce a

document, extract or copy in respect of a professional

service; and

(b) the person complies with the requirement within the period

set out in the notice; and

does not properly substantiate (wholly or partly) that the

amount paid, purportedly by way of benefit or payment under

this Act, in respect of the service, should have been paid;

then, to the extent that the amount is not properly substantiated, the

amount is recoverable as a debt due to the Commonwealth from

the person, or the estate of the person, whether or not the amount

was paid to the person.

(1D) Subsection (1C) does not apply if the person concerned satisfies

the Medicare Australia CEO that the reason that the information

contained in the document, extract or copy does not properly

substantiate the amount is due to circumstances beyond the

person's control.

Note:

See section 129AAJ for review of decisions.

Amount not properly substantiated--notice to person referred to in

paragraph 129AAD(2)(b)

(1E) Subject to subsection (1F), if:

(a) a person (the notice recipient) referred to in paragraph

129AAD(2)(b) is required, by a notice given under

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12 Health Insurance Amendment (Compliance) Bill 2009 No. , 2009

section 129AAD, to produce a document, extract or copy in

respect of a professional service; and

(b) the notice recipient complies with the requirement within the

period set out in the notice; and

does not properly substantiate (wholly or partly) that the

amount paid, purportedly by way of benefit or payment under

this Act, in respect of the service, should have been paid;

then, to the extent that the amount is not properly substantiated, the

amount is recoverable as a debt due to the Commonwealth from:

(d) the person who rendered the service, or on whose behalf the

service was rendered; or

(e) the estate of that person;

whether or not the amount was paid to that person.

(1F) Subsection (1E) does not apply if the person from whom the

amount concerned is recoverable satisfies the Medicare Australia

CEO that the reason that the information contained in the

document, extract or copy does not properly substantiate the

amount is due to circumstances beyond the control of the person

and the notice recipient.

Note:

See section 129AAJ for review of decisions.

Administrative penalty

(1G)

If:

(a) a person is given a notice under section 129AEC of the

person's liability to pay an administrative penalty; and

(b) the person does not pay the penalty by the day set out in the

notice as the day by which the penalty becomes due for

payment;

the amount set out in the notice is recoverable as a debt due to the

Commonwealth from the person or the estate of the person.

Recovery once only

(1H) To avoid doubt, an amount paid purportedly by way of benefit or

payment under this Act is recoverable under this section once only.

Note 1: The heading to section 129AC is replaced by the heading "Recovery of amounts

overpaid etc. and administrative penalties".

Amendment of the Health Insurance Act 1973 Schedule 1

Health Insurance Amendment (Compliance) Bill 2009 No. , 2009 13

Note 2: The following heading to subsection 129AC(1) is inserted "False or misleading

statements".

5 At the end of paragraph 129AC(2)(a)

Add ", (1A), (1C), (1E) or (1G)".

Note:

The following heading to subsection 129AC(2) is inserted "Interest on amounts".

6 At the end of paragraph 129AC(2)(a)

Add "and".

7 Subsection 129AC(4)

Repeal the subsection, substitute:

Set-off

(4) Despite any other provision of this Act, if:

(a) an amount (the recoverable amount) is recoverable from a

person under subsection (1), (1A), (1C), (1E) or (1G); and

(b) an amount (the later amount) of benefit or payment later

becomes payable to the person under this Act; and

the Medicare Australia CEO may, on behalf of the

Commonwealth, set off all or a part of the recoverable amount

against all or a part of the later amount.

8 Application and saving

(1)

Subsection 129AC(4) of the Health Insurance Act 1973 as amended by

this Act applies in relation to amounts recoverable under subsection

129AC(1) of that Act before, on or after the commencement of this

item.

(2)

If a person's agreement referred to in subsection 129AC(4) of the

Health Insurance Act 1973 is in force, in relation to an amount,

immediately before the commencement of this item, that agreement is

taken to be in force for the purposes of:

(a) that amount; and

(b) that subsection as in force immediately after that

commencement.

(3)

Subitem (2) does not prevent the person withdrawing the agreement.

Schedule 1 Amendment of the Health Insurance Act 1973

14 Health Insurance Amendment (Compliance) Bill 2009 No. , 2009

9 After section 129AE

Insert:

129AEA Liability for administrative penalty

Subsection 129AC(1) applies

(1) A person is liable for an administrative penalty in respect of a

professional service rendered by, or on behalf of, the person if:

(a) the Medicare Australia CEO has served a notice on the

person claiming an amount (the total amount) as a debt due

to the Commonwealth under subsection 129AC(1); and

(b) the total amount consists of, or includes, an amount (the

recoverable amount) in respect of the service; and

before the notice was served; and

(d) the total amount is more than:

(i)

$2,500;

(ii) if a higher amount is prescribed by the regulations--that

higher amount.

Subsection 129AC(1A) or (1C) applies

(2) A person is liable for an administrative penalty in respect of a

particular professional service if:

(a) a notice was given to the person under section 129AAD

requiring the person to produce a document, extract or copy

relevant to the particular professional service; and

(b) subsection 129AC(1A) or (1C) applies in respect of the

person and the particular professional service; and

services--either or both of subsections 129AC(1A) and (1C)

apply in respect of the person and any other professional

service specified in the notice; and

(d) the sum of the amounts that may be recovered from the

person under those subsections in respect of the particular

professional service, and any other professional service

specified in the notice, is more than:

(i)

$2,500;

Amendment of the Health Insurance Act 1973 Schedule 1

Health Insurance Amendment (Compliance) Bill 2009 No. , 2009 15

(ii) if a higher amount is prescribed by the regulations--that

higher amount; and

(e) the Medicare Australia CEO has served a notice on the

person claiming as a debt due to the Commonwealth the

amount (the recoverable amount) that may be recovered

from the person under whichever of subsection 129AC(1A)

or (1C) applies in respect of the person and the particular

professional service.

Subsection 129AC(1E) applies

(3) A person (the practitioner) who rendered a particular professional

service, or on whose behalf a particular professional service was

rendered, is liable for an administrative penalty in respect of the

service if:

(a) a notice was given to another person under section 129AAD

requiring the person to produce a document, extract or copy

relevant to the particular professional service; and

(b) subsection 129AC(1E) applies in respect of the practitioner

and the particular professional service; and

services--subsection 129AC(1E) applies in respect of the

practitioner and any other professional service specified in

the notice; and

(d) the sum of the amounts that may be recovered from the

practitioner under that subsection in respect of the particular

professional service, and any other professional service

specified in the notice, is more than:

(i)

$2,500;

(ii) if a higher amount is prescribed by the regulations--that

higher amount; and

(e) the Medicare Australia CEO has served a notice on the

practitioner claiming as a debt due to the Commonwealth the

amount (the recoverable amount) that may be recovered

from the practitioner under subsection 129AC(1E) in respect

of the particular professional service.

129AEB Amount of administrative penalty

(1) The amount of the administrative penalty in respect of a

professional service is worked out in accordance with this section.

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16 Health Insurance Amendment (Compliance) Bill 2009 No. , 2009

Base penalty amount

(2) Subject to subsections (3), (4), (5) and (6), the amount (the base

penalty amount) of the administrative penalty is 20% of whichever

of the following applies in respect of the professional service:

(a) the recoverable amount referred to in paragraph

129AEA(1)(b);

(b) the recoverable amount referred to in paragraph

129AEA(2)(e);

129AEA(3)(e).

Reductions in base penalty amount

(3) A person's base penalty amount for a professional service is

reduced in accordance with the table.

Reductions in base penalty amount

Item

If ...

the base penalty

amount is reduced

by ...

before the Medicare Australia CEO contacts the

person (whether by notice under section 129AAD

or otherwise) about the professional service, the

person voluntarily tells the CEO, or an employee

of Medicare Australia, in the form approved in

writing by the CEO, that an amount paid,

purportedly by way of benefit or payment under

this Act, in respect of the service exceeds the

amount (if any) that should have been paid

100%

(a) after the Medicare Australia CEO contacts the

person about the service; and

(b) before the CEO gives a notice to the person

under section 129AAD that specifies the

service;

the person voluntarily tells the CEO, or an

employee of Medicare Australia, in the form

approved in writing by the CEO, that an amount

paid, purportedly by way of benefit or payment

under this Act, in respect of the service exceeds the

amount (if any) that should have been paid

50%

(a) after the Medicare Australia CEO gives a notice

to the person under section 129AAD that

25%

Amendment of the Health Insurance Act 1973 Schedule 1

Health Insurance Amendment (Compliance) Bill 2009 No. , 2009 17

Reductions in base penalty amount

Item

If ...

the base penalty

amount is reduced

by ...

specifies the service; and

(b) before the end of the period specified in the

notice;

the person tells the CEO, or an employee of

Medicare Australia, in the form approved in

writing by the CEO, that an amount paid,

purportedly by way of benefit or payment under

this Act, in respect of the service exceeds the

amount (if any) that should have been paid

Increases in base penalty amount

(4) A person's base penalty amount for a professional service is

increased by 25% if:

(a) the Medicare Australia CEO gives a notice to the person

under section 129AAD that specifies the service; and

(b) the person does not comply with the notice in respect of the

service, or any other professional service specified in the

notice, within the period specified in the notice.

(5) A person's (the practitioner's) base penalty amount for a

professional service (the latest professional service) rendered by,

or on behalf of, the practitioner is increased by 50% if:

(a) any of the following apply:

(i) the Medicare Australia CEO gives a notice to the

practitioner under section 129AAD that specifies the

latest professional service;

(ii) the CEO serves a notice on the practitioner claiming an

amount as a debt due to the Commonwealth under

subsection 129AC(1) and that amount consists of, or

includes, an amount in respect of the latest professional

service;

(iii) the CEO gives a notice to another person under

section 129AAD that specifies the latest professional

service; and

(b) any of the following apply:

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18 Health Insurance Amendment (Compliance) Bill 2009 No. , 2009

(i) in the 24 months immediately before the notice is given

or served, the CEO has given to the practitioner one or

more other notices under section 129AAD specifying

other professional services rendered by, or on behalf of,

the practitioner;

(ii) in the 24 months immediately before the notice is given

or served, the CEO has served on the practitioner one or

more other notices claiming an amount as a debt due to

the Commonwealth under subsection 129AC(1)

consisting of, or including, other professional services

rendered by, or on behalf of, the practitioner;

(iii) in the 24 months immediately before the notice is given

or served, the CEO has given to another person one or

more other notices under section 129AAD specifying

other professional services that were rendered by, or on

behalf of, the practitioner; and

(i) the sum of the recoverable amounts (see subsection (2))

in respect of each other professional service; and

(ii) the sum of the base penalty amounts for each other

professional service as reduced or increased in

accordance with this section (if relevant);

is more than:

(iii)

$30,000;

(iv) if a higher amount is prescribed by the regulations--that

higher amount.

(6) If both subsections (4) and (5) apply in relation to a professional

service, apply subsection (4) and then subsection (5). In applying

subsection (5) in that case, the base penalty amount is that amount

as increased under subsection (4).

Interaction between reduction and increase

(7) If a base penalty amount is subject to both a reduction and an

increase, apply the reduction first.

129AEC Notice of administrative penalty

The Medicare Australia CEO must give to a person who is liable

for an administrative penalty written notice of the following:

Amendment of the Health Insurance Act 1973 Schedule 1

Health Insurance Amendment (Compliance) Bill 2009 No. , 2009 19

(a) the person's liability to pay an administrative penalty in

respect of one or more professional services;

(b) the professional service to which each administrative penalty

relates;

the administrative penalties;

(d) the day by which the penalty becomes due for payment

(which must be at least 14 days after the day on which the

notice is given);

(e) the fact that the notice is given under this section.

The notice may also deal with a debt due to the Commonwealth

under section 129AC arising in relation to the professional service.

10 Application

Sections 129AEA, 129AEB and 129AEC of the Health Insurance Act

1973 apply in respect of a professional service that is rendered on or

after the commencement of those sections.

Commonwealth of Australia Bills

HEALTH INSURANCE AMENDMENT (COMPLIANCE) BILL 2009