Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 40AEB

             (1)  Where:

                     (a)  a proprietor has, under subsection 40AE(1), (1A) or (2), requested the Minister to review a decision; and

                     (b)  the lodgment fee has been deducted under subsection 40AE(5) from any payment or payments of benefits payable to the proprietor;

the lodgment fee shall be refunded to the proprietor if:

                     (c)  the request is withdrawn under section 40AEA before the end of the period of 42 days commencing on the expiration of the last day on which such a request could have been made; or

                     (d)  the decision is varied by the Minister in a manner wholly or substantially favourable to the proprietor.

             (2)  If, before the lodgment fee has been deducted under subsection 40AE(5):

                     (a)  the request is withdrawn under section 40AEA within the period referred to in paragraph (1)(c); or

                     (b)  the decision is varied by the Minister in a manner that is wholly or substantially favourable to the proprietor;

the lodgment fee shall not be so deducted.