Document ID: chunk:federal_register_of_legislation:C2023C00393:clause:2_201a
Version: federal_register_of_legislation:C2023C00393
Segment Type: clause
Provision Reference: sch 2 cl 201A
Character Range: 270112–272141

201A  Requirement to pass on fee reduction amount to individual entitled to be paid CCS or ACCS

Requirement to pass on or remit to Secretary fee reduction amount
 (1) A provider to whom a notice is given of a fee reduction decision for an individual must, no later than 14 days after the notice is given:
 (a) pass on the fee reduction amount for the decision to the individual; or
 (b) if it is not reasonably practicable to do so—remit the fee reduction amount to the Secretary, in a manner approved by the Secretary.
 (2) Subsection (1) does not apply in relation to a notice that includes a statement to the effect that the Secretary has decided to pay the fee reduction amount directly to the individual under subsection 67EC(2).
Note 1: See subsections 67CE(6), 106A(3), 109B(2B) and 136(3).
Note 2: In a prosecution for an offence under subsection (3), a defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

Offence
 (3) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 80 penalty units.

Civil penalty
 (4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 60 penalty units.

Passing on
 (5) A provider may pass on a fee reduction amount by reducing fees or in any other way. As long as the individual receives the benefit of the fee reduction amount from the provider:
 (a) the provider is taken to have passed on the fee reduction amount; and
 (b) the individual is taken to have been paid an amount of CCS or ACCS equal to the amount of the fee reduction amount.

Notice of remittal
 (6) A provider that remits an amount in accordance with paragraph (1)(b) must give the Secretary written notice of the remittance:
 (a) in a form and manner approved by the Secretary; and
 (b) including any information required by the Secretary.
The provider's notice must be given no later than 14 days after the notice of the fee reduction decision is given.