Document ID: chunk:federal_register_of_legislation:C2025C00097:section:5:p38
Version: federal_register_of_legislation:C2025C00097
Segment Type: section
Provision Reference: s 5 (pt 38/56)
Character Range: 178852–181587

months after the application was received by the Chief Executive Medicare.
 (6) If the Chief Executive Medicare is taken to have made a decision under subsection (5) in respect of a private health insurer, the Chief Executive Medicare is taken to have given notice of that decision to the private health insurer.

279‑45  Reconsideration of decisions
 (1) A private health insurer that has been given a notice under subsection 279‑20(2) or 279‑40(3) may request the Chief Executive Medicare to reconsider the decision.
 (2) The request must:
 (a) set out the reasons for the request; and
 (b) be made within the period of 28 days after the day on which the Chief Executive Medicare gave the notice.
 (3) As soon as practicable after receiving the request, the Chief Executive Medicare must reconsider the decision and:
 (a) affirm it; or
 (b) vary it; or
 (c) revoke it and make a fresh decision.
Note: Decisions on reconsideration are reviewable under Part 6‑9.
 (4) If the Chief Executive Medicare varies the decision or revokes the decision and makes a fresh decision, the decision as varied, or the fresh decision, as the case may be, has effect according to its terms and is taken always to have had that effect from the time when the original decision was made.
 (5) The Chief Executive Medicare must notify the private health insurer stating the Chief Executive Medicare's decision on the reconsideration together with a statement of his or her reasons for the decision.
 (6) The Chief Executive Medicare is taken, for the purposes of this Part, to have revoked the decision if the Chief Executive Medicare does not notify the private health insurer of his or her decision on the reconsideration within 28 days after receiving the request.

Subdivision 279‑B—Powers of Chief Executive Medicare in relation to participating insurers

279‑50  Audits by Chief Executive Medicare
 (1) The Chief Executive Medicare may, at any time, audit the accounts and records of a private health insurer that is, or has been, a *participating insurer.
 (2) An audit under subsection (1) must relate only to the accounts and records of the private health insurer to the extent that they deal with:
 (a) participation by persons in the *premiums reduction scheme; or
 (b) reductions of premium payable under *complying health insurance policies under the premiums reduction scheme; or
 (c) receipt of money from the Chief Executive Medicare under this Division.
 (3) The Chief Executive Medicare must not carry out an audit unless he or she has given notice to the private health insurer concerned stating that an audit is to be carried out.
 (4) The private health insurer must ensure that the Chief Executive Medicare has full and free access to