Document ID: chunk:federal_register_of_legislation:C2025C00156:section:129ac:p1
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 129AC (pt 1/3)
Character Range: 747111–749762

129AC  Recovery of amounts overpaid etc. and administrative penalties

False or misleading information
 (1) Where, as a result of the giving of false or misleading information, an amount paid, purportedly by way of benefit or payment under this Act, exceeds the amount (if any) that should have been paid, the amount of the excess is recoverable as a debt due to the Commonwealth from the person by or on behalf of whom the information was given, or from the estate of that person, whether or not the amount was paid to that person, and whether or not any person has been convicted of an offence in relation to the giving of the information.
 (1AAA) For the purposes of subsection (1), it is immaterial whether the false or misleading information is given:
 (a) in a document; or
 (b) in a statement; or
 (c) in any other form.
 (1AA) Subsection (1) does not apply to an amount if subsection 129ACA(1) applies to the amount.

Failure to produce document
 (1A) Subject to subsection (1B), if:
 (a) a person referred to in paragraph 129AAD(2)(a) is required, by a notice given under section 129AAD, to produce a document, extract or copy in respect of a professional service; and
 (b) the person does not comply with the requirement within the period set out in the notice;
the amount paid, purportedly by way of benefit or payment under this Act, in respect of the service, is recoverable as a debt due to the Commonwealth from the person, or the estate of the person, whether or not the amount was paid to the person.
 (1B) Subsection (1A) does not apply if the person concerned satisfies the Chief Executive Medicare that the person's non‑compliance is due to circumstances beyond the person's control.
Note: See section 129AAJ for review of decisions.

Amount not properly substantiated—notice to person referred to in paragraph 129AAD(2)(a)
 (1C) Subject to subsection (1D), if:
 (a) a person referred to in paragraph 129AAD(2)(a) is required, by a notice given under section 129AAD, to produce a document, extract or copy in respect of a professional service; and
 (b) the person complies with the requirement within the period set out in the notice; and
 (c) the information contained in the document, extract or copy does not properly substantiate (wholly or partly) that the amount paid, purportedly by way of benefit or payment under this Act, in respect of the service, should have been paid;
then, to the extent that the amount is not properly substantiated, the amount is recoverable as a debt due to the Commonwealth from the person, or the estate of the person, whether or not the amount was paid to the person.
 (1D) Subsection (1C) does