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HEALTH INSURANCE ACT 1973 - SECT 129AEC Notice of administrative penalty and review of assessments

HEALTH INSURANCE ACT 1973 - SECT 129AEC

Notice of administrative penalty and review of assessments

  (1)   The Chief Executive Medicare (the CEO ) must give to a person who the CEO has assessed, in accordance with sections   129AEA and 129AEB, is liable to an administrative penalty, or the person's estate, written notice of the assessment which includes the following:

  (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;

  (c)   if there is more than one professional service--the total of 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 or 129ACA arising in relation to the professional service.

Review of decisions

  (2)   Applications may be made to the Administrative Appeals Tribunal for review of assessments by the CEO of liability to administrative penalties for which notice has been given under subsection   (1).

  (3)   An application under subsection   (2) may be made by a person, or a person's estate, only if:

  (a)   the person or estate has been given a notice under subsection   (1) that the person is liable for an administrative penalty; and

  (b)   the decision to claim the debt to which the administrative penalty relates is a reconsidered decision under subsection   129AAJ(5) or 129ACB(6); and

  (c)   one or more garnishee notices have been given under subsection   129AEG(1) in relation to that debt.

  (4)   Despite paragraph   29(1)(d) of the Administrative Appeals Tribunal Act 1975 , an application under subsection   (2) of this section must be made within the period of 28 days after the day the first garnishee notice is given.

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