HEALTH INSURANCE ACT 1973 - SECT 129AADA Requirement to keep documents relating to notice to produce

HEALTH INSURANCE ACT 1973 - SECT 129AADA

  (1)   If the Chief Executive Medicare (the CEO ) gives a person a notice under subsection   129AAD(2), or a request mentioned in subsection   129AAD(3), in respect of a professional service, the person must keep, for the period mentioned in subsection   (2) of this section, any document that is relevant to whether an amount should have been paid under this Act in respect of the service.

Civil penalty:

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

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

  (2)   The period:

  (a)   begins on the day the notice or request (as the case may be) is given; and

  (b)   ends:

  (i)   if a notice is given under subsection   129AAH(1) that the amount paid, by way of benefit or payment under this Act in respect of the service, should have been paid--on the day the notice is given; or

  (ii)   if a notice is given as mentioned in subsection   129AAI(4) or 129ACA(5) claiming an amount as a debt in respect of the service--on the day the notice is given.

  (3)   However, if an application for review of the decision to claim the amount as a debt is made under subsection   129AAJ(1) or 129ACB(1), the period ends on the day a notice is given under subsection   129AAJ(5) or 129ACB(6) notifying the person of the outcome of the review.

  (4)   Subsection   (1) does not apply if the person has a reasonable excuse.

Note:   A person who wishes to rely on subsection   (4) in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection   (see section   130H).