Document ID: chunk:federal_register_of_legislation:C2023A00008:clause:2_4:p2
Version: federal_register_of_legislation:C2023A00008
Segment Type: clause
Provision Reference: sch 2 cl 4 (pt 2/2)
Character Range: 13722–15799

be specified in Private Health Insurance (Levy Administration) Rules (see sections 307‑1 and 307‑30).

72‑25  Minister may direct that activities not be carried out
 (1) This section applies if:
 (a) a person (the debtor) is liable to pay a *cost‑recovery fee or *medical devices and human tissue products levy; and
 (b) the fee or levy is due and payable.
 (2) Despite any other provision of this Act, the Minister may refuse to carry out, or direct a person not to carry out, specified activities or kinds of activities in relation to the debtor under this Division until the fee or levy has been paid.

72‑27  Matters to have regard to before exercising certain powers
  In deciding whether to exercise a power under section 72‑20 or 72‑25, the Minister must have regard to the following:
  (a) whether the exercise of the power would be detrimental to the interests of insured persons;
 (b) whether the exercise of the power would significantly limit medical practitioners' professional freedom, within the scope of accepted clinical practice, to identify and provide appropriate treatments.

72‑30  When cost‑recovery fee must be paid
  A *cost‑recovery fee becomes due and payable at the time specified in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules.

72‑35  Payment of cost‑recovery fee
  A *cost‑recovery fee must be paid to the Commonwealth.

72‑40  Recovery of fee
  A *cost‑recovery fee that is due and payable:
 (a) is a debt due to the Commonwealth; and
 (b) may be recovered as a debt by action in a court of competent jurisdiction by the Commonwealth.

72‑45  Other matters
  The Private Health Insurance (Medical Devices and Human Tissue Products) Rules may, in relation to *cost‑recovery fees, specify, or provide for matters relating to, any or all of the following:
 (a) the person who is liable to pay;
 (b) methods for payment;
 (c) extending the time for payment;
 (d) refunding, in whole or in part, an amount paid;
 (e) applying overpayments;
 (f) rules relating to fees to be paid in relation to specified activities.