Document ID: chunk:federal_register_of_legislation:C2018A00064:clause:1_129aca:p1
Version: federal_register_of_legislation:C2018A00064
Segment Type: clause
Provision Reference: sch 1 cl 129ACA (pt 1/3)
Character Range: 5162–7906

129ACA  Shared debt determinations

Making shared debt determinations
 (1) If:
 (a) as a result of the making of a false or misleading statement, an amount paid, purportedly by way of benefit or payment under this Act, exceeds the amount (if any) that should have been paid in respect of a professional service rendered, or purportedly rendered by a person; and
 (b) the Chief Executive Medicare (the CEO) makes a determination under subsection (2) in relation to the amount;
the excess (the recoverable amount) is recoverable as a debt due to the Commonwealth from that person (the primary debtor) (or from the estate of that person) and another person (the secondary debtor) (or from the estate of that person) specified in the determination.
 (2) The CEO may make a written determination under this subsection in relation to an amount if:
 (a) notice has been given under subsection (7) in relation to the recoverable amount to the primary debtor and the secondary debtor; and
 (b) any of the following apply:
 (i) the secondary debtor employed or otherwise engaged the primary debtor to render professional services of the kind mentioned in paragraph (1)(a);
 (ii) the secondary debtor had an arrangement or agreement with the primary debtor relating to professional services of that kind;
 (iii) the secondary debtor is a person in a class of persons prescribed under paragraph (9)(a);
 (iv) the secondary debtor is not a person in a class of persons prescribed under paragraph (9)(b); and
 (c) the CEO reasonably believes the determination should be made having regard to the following:
 (i) whether the relationship of the secondary debtor with the primary debtor was such that the secondary debtor could have controlled or influenced the circumstances that led to the making of the false or misleading statement to which the debt relates;
 (ii) whether the secondary debtor directly or indirectly obtained a financial benefit from the making of the false or misleading statement;
 (iii) whether any other factors in all the circumstances of the case make it fair and reasonable for the determination to be made.
 (3) The determination must be given to the primary debtor, or estate, and the secondary debtor, or estate, and set out the following:
 (a) the decision to make a determination to claim the recoverable amount under subsection (1) as a debt due to the Commonwealth;
 (b) an amount (the shared amount) equal to a percentage of the recoverable amount that is recoverable from the secondary debtor or estate;
 (c) an amount (the remaining amount) equal to the recoverable amount less the shared amount that is recoverable from the primary debtor or estate;
 (d) the reasons for the decision;
 (e) the right to seek review of the