Document ID: chunk:federal_register_of_legislation:C2018A00064:clause:5_99abd
Version: federal_register_of_legislation:C2018A00064
Segment Type: clause
Provision Reference: sch 5 cl 99ABD
Character Range: 72412–74761

99ABD  Review of decisions to claim amounts as debts
 (1) If the Secretary makes a decision referred to in subsection 99ABC(1) about a person or an estate, the person or estate may apply in writing to the Secretary, in the form approved in writing by the Secretary, for a review of the decision.
 (2) Subsection (1) does not apply if the person or estate has notified the Secretary, in the form approved in writing by the Secretary, that the person waives the person's right to review of the decision to claim the amount as a debt.
 (3) In making an application under subsection (1), the person or estate may provide the Secretary with additional information to substantiate (wholly or partly) that the amount paid under this Act in respect of the pharmaceutical benefit should have been paid.
 (4) An application for review of a decision must be made within 28 days after the person or estate is notified of the decision.
 (5) On receiving an application for review of a decision, the Secretary must:
 (a) review the decision; and
 (b) confirm, vary or revoke the decision.
 (6) The Secretary must give to the applicant written notice of the decision (the reconsidered decision) on the review within 28 days after receiving the application for review.
 (7) A failure to comply with the requirements of subsection (6) does not affect the validity of the review or of the reconsidered decision.
 (8) An application may be made to the Administrative Appeals Tribunal for review of a reconsidered decision.
 (9) However, subsection (8) applies only if a garnishee notice is given under subsection 99ABJ(2) in relation to the debt to which the reconsidered decision relates.
 (10) Despite paragraph 29(1)(d) of the Administrative Appeals Tribunal Act 1975, if a garnishee notice is given under subsection 99ABJ(2) in relation to the debt to which the reconsidered decision relates, an application mentioned in subsection (8) of this section must be made within the period of 28 days after the day the garnishee notice is given.
 (11) To avoid doubt:
 (a) a decision mentioned in subsection (1) may be reviewed by the Secretary under subsection (5) once only; and
 (b) a reconsidered decision takes effect:
 (i) on the day specified in the reconsidered decision; or
 (ii) if a day is not specified—on the day on which the reconsidered decision is made.