Commonwealth Numbered Acts

NATIONAL HEALTH AMENDMENT ACT 1987 No. 22, 1987 - SECT 11

11. After section 99A of the Principal Act the following section is inserted:
Advances

"99AB. (1) An advance, on account of an amount that may become payable to a
person under section 99 in relation to the supply of a pharmaceutical benefit,
may be made to the person on such terms and conditions (if any) as are
approved by the Secretary in writing.

"(2) If a person receives, by way of advances on account of an amount that may
become payable to the person under section 99 in relation to the supply of a
pharmaceutical benefit, an amount that exceeds the amount that becomes payable
to the person under section 99 in relation to the supply of the pharmaceutical
benefit, the person is liable to repay to the Commonwealth the amount of the
excess.

"(3) If:

   (a)  a person receives an amount by way of advances on account of an amount
        that may become payable to the person under section 99 in relation to
        the supply of a pharmaceutical benefit; and

   (b)  no amount becomes payable to the person under section 99 in relation
        to the supply of the pharmaceutical benefit; the person is liable to
        repay to the Commonwealth the amount so received.

"(4) Where a person is liable to repay an amount to the Commonwealth under
this section, the Commonwealth may recover the amount as a debt due to the
Commonwealth by action in a court of competent jurisdiction.

"(5) Where a person is liable to repay an amount to the Commonwealth under
this section, an amount not exceeding that amount may be deducted from any
other amount that is payable to the person under this Part and, where an
amount is so deducted, the other amount shall, notwithstanding the deduction,
be deemed to have been paid in full to the person.".