Document ID: chunk:federal_register_of_legislation:C2011A00010:clause:1_3:p1
Version: federal_register_of_legislation:C2011A00010
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 1/2)
Character Range: 27257–30356

3                                  (a) after the Medicare Australia CEO gives a notice to the person under section 129AAD that specifies the service; and                                                                                                                                                                                                                                                                                                              25%
                                   (b) before the end of the period specified in the notice;
                                   the person tells the CEO, or an employee of Medicare Australia, in the form approved in writing by the CEO, that an amount paid, purportedly by way of benefit or payment under this Act, in respect of the service exceeds the amount (if any) that should have been paid

Increases in base penalty amount
 (4) A person's base penalty amount for a professional service is increased by 25% if:
 (a) the Medicare Australia CEO gives a notice to the person under section 129AAD that specifies the service; and
 (b) the person does not comply with the notice in respect of the service, or any other professional service specified in the notice, within the period specified in the notice.
 (5) A person's (the practitioner's) base penalty amount for a professional service (the latest professional service) rendered by, or on behalf of, the practitioner is increased by 50% if:
 (a) any of the following apply:
 (i) the Medicare Australia CEO gives a notice to the practitioner under section 129AAD that specifies the latest professional service;
 (ii) the CEO serves a notice on the practitioner claiming an amount as a debt due to the Commonwealth under subsection 129AC(1) and that amount consists of, or includes, an amount in respect of the latest professional service;
 (iii) the CEO gives a notice to another person under section 129AAD that specifies the latest professional service; and
 (b) any of the following apply:
 (i) in the 24 months immediately before the notice is given or served, the CEO has given to the practitioner one or more other notices under section 129AAD specifying other professional services rendered by, or on behalf of, the practitioner;
 (ii) in the 24 months immediately before the notice is given or served, the CEO has served on the practitioner one or more other notices claiming an amount as a debt due to the Commonwealth under subsection 129AC(1) consisting of, or including, other professional services rendered by, or on behalf of, the practitioner;
 (iii) in the 24 months immediately before the notice is given or served, the CEO has given to another person one or more other notices under section 129AAD specifying other professional services that were rendered by, or on behalf of, the practitioner; and
 (c) the total of:
 (i) the sum of the recoverable amounts (see subsection (2)) in respect of each other professional service; and
 (ii) the sum of the base penalty amounts for each other professional service as reduced or increased in accordance with this section (if