Document ID: chunk:federal_register_of_legislation:C2024C00623:section:63
Version: federal_register_of_legislation:C2024C00623
Segment Type: section
Provision Reference: s 63
Character Range: 103802–105691

63  Main record keeping obligations

Records to be kept by person who applies for payment
 (1) A person who applies for a Commonwealth contribution must keep records relevant to the following matters:
 (a) the payability of the contribution;
 (b) the amount of the contribution payable;
 (c) any amount paid to the person that results in a person being liable to pay an amount under section 25 or 37;
 (d) any other matter determined by the Chief Executive Medicare.
Note: Failure to keep the records is an offence (see section 68).

Records to be kept by person who applies for a qualifying claim certificate
 (2) A person who applies for the issue of a qualifying claim certificate in relation to a claim must keep records that are relevant to the following:
 (a) matters related to whether the criteria specified in subsection 11(1) or (2) are satisfied in relation to the claim;
 (b) any other matter determined by the Chief Executive Medicare.
Note: Failure to keep the records is an offence (see section 68).

Records to be retained for certain period
 (3) The records must be retained for a period of 5 years (or any other period specified in the Rules) starting on the later of:
 (a) the day on which the records were created; or
 (b) the day on which this Act commenced.
Note: Failure to retain the records is an offence (see section 68).

Determination of additional matters to be gazetted
 (4) A determination by the Chief Executive Medicare under paragraph (1)(d) or (2)(b) is not a legislative instrument. The determination must:
 (a) be published in the Gazette; and
 (b) not take effect earlier than 14 days after the day on which it is published in the Gazette.

Retrospective effect not intended
 (5) Nothing in this section is to be taken to have required a person to do an act or thing before the commencement of this Act.

Division 5—Overpayments of the contributions