Commonwealth Consolidated Acts

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HEALTH INSURANCE ACT 1973 - SECT 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 Chief Executive Medicare 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

                     (c)  no part of the total amount became due more than 2 years before the notice was served; and

                     (d)  the total amount is more than:

                              (i)  $2,500; or

                             (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

                     (c)  if the notice specifies one or more other professional 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; or

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

                     (e)  the Chief Executive Medicare 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

                     (c)  if the notice specifies one or more other professional 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; or

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

                     (e)  the Chief Executive Medicare 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.



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