Document ID: chunk:federal_register_of_legislation:F2020L01035:reg:9:p2
Version: federal_register_of_legislation:F2020L01035
Segment Type: reg
Provision Reference: reg 9 (pt 2/3)
Character Range: 10017–12680

one or more occasions been disqualified by a Committee;
       then disqualification for at least 2 years would be appropriate.

        (8) A practitioner is entitled to be heard on why any presumption as to the period of disqualification that would otherwise apply should not apply.

   10  Payment of medicare benefits
 (1) Where a Committee has dealt with a provider (who is not a practitioner) under subsection 124F(2) and is of the opinion that some action should be taken against the provider, the Committee shall have regard to the presumptions set out in subsections 11(2) to (8).
 (2) Where the provider:
 (a) has been ordered by the Federal Court to pay a pecuniary penalty order for a relevant civil contravention; and
 (b) has not previously been:
 (i) convicted of a relevant offence, being an offence against Division 3 of Part IIBA of the Act; or
 (ii) ordered by the Federal Court to pay a pecuniary penalty order for a relevant civil contravention;
       it would be appropriate for the Committee to determine that medicare benefits are not payable for kinds of services specified in the determination rendered by or on behalf of the provider for a period not exceeding 6 months.
 (3) Where the provider:
 (a) has been ordered by the Federal Court to pay a pecuniary penalty order for a relevant civil contravention; and
 (b) has previously been:
 (i) convicted of a relevant offence, being an offence against Division 3 of Part IIBA of the Act; or
 (ii) ordered by the Federal Court to pay a pecuniary penalty order for a relevant civil contravention; and
 (c) has not previously been subject to a determination by a Committee which specifies a period during which medicare benefits are not payable for kinds of services specified in the determination rendered by or on behalf of the provider;
       it would be appropriate for the Committee to determine that medicare benefits are not payable for kinds of services specified in a determination rendered by or on behalf of the provider for a period of at least 6 months but not exceeding 2 years.
 (4) Where the provider:
 (a) has been convicted of a relevant offence, being an offence against Division 3 of Part IIBA of the Act; and
 (b) has not previously been convicted of a relevant offence, being an offence against Division 3 of Part IIBA of the Act;
       it would be appropriate for the Committee to determine that medicare benefits are not payable for kinds of services specified in the determination, rendered by or on behalf of the provider, for a period of at least 6 months but not exceeding 3 years.
 (5) Where the provider:
 (a) has been convicted of a relevant offence, being