Document ID: chunk:federal_register_of_legislation:C2018A00064:clause:5_99abb
Version: federal_register_of_legislation:C2018A00064
Segment Type: clause
Provision Reference: sch 5 cl 99ABB
Character Range: 69918–71213

99ABB  Notice to produce documents
 (1) This section applies if:
 (a) an amount is paid to a person under this Act by the Commonwealth in respect of the supply, or purported supply, of a pharmaceutical benefit; and
 (b) the person was an approved pharmacist, approved medical practitioner or approved hospital authority when the amount was paid; and
 (c) the person is required, under a provision of this Act, the regulations or another legislative instrument under this Act, to keep a document relating to the supply of the pharmaceutical benefit.
 (2) The Secretary may, by written notice given to the person, require the person to produce the document, or a copy of the document, to the Secretary.
 (3) The person must produce the document or copy to the Secretary within the period specified in the notice, which must not be less than 21 days after the day the notice is given.
 (4) If the person fails to comply with the notice, the amount paid to the person in respect of the supply, or purported supply, of the pharmaceutical benefit is recoverable as a debt due to the Commonwealth from the person or the estate of the person.
 (5) Subsection (4) does not apply if the person satisfies the Secretary that the person's non‑compliance is due to circumstances beyond the person's control.