Document ID: chunk:federal_register_of_legislation:C2011A00010:clause:1_129aad:p2
Version: federal_register_of_legislation:C2011A00010
Segment Type: clause
Provision Reference: sch 1 cl 129AAD (pt 2/3)
Character Range: 3553–6138

respect of the service, should have been paid.
 (4) A notice may only be given in respect of a professional service that was rendered in the period of 2 years immediately before the notice is given.
 (5) The CEO may require the person, in relation to each professional service specified in the notice:
 (a) subject to subsection (6), to produce to the CEO, or an employee of Medicare Australia, any document, or extract of any document, that is relevant for the purpose set out in subsection (2); or
 (b) to make a copy of any such document or extract and to produce that copy to the CEO or employee.
Note: For a person referred to in paragraph (2)(a), failure to comply with a notice may lead to recovery action (see section 129AC) and an administrative penalty may be applied (see sections 129AEA, 129AEB and 129AEC). For a person referred to in paragraph (2)(b), failure to comply with a notice may lead to a civil penalty (see section 129AAE).
 (6) If a document, extract or copy contains clinical details relating to an individual, the person to whom the notice is given is not required to produce the document, extract or copy to a person other than an employee of Medicare Australia who is a medical practitioner.

CEO not to give notice to certain persons
 (7) A person referred to in paragraph (2)(b) does not include:
 (a) the person in respect of whom the professional service was rendered; or
 (b) the person who incurred the medical expenses in respect of the service.

Content of notice
 (8) The notice must:
 (a) specify details of each professional service (including the item, date on which the service was rendered and medicare number of the person in respect of whom the service was rendered) in relation to which the document, extract or copy is to be produced; and
 (b) specify the reason or reasons for the CEO's concern that an amount paid, purportedly by way of benefit or payment under this Act, in respect of each such service may exceed the amount (if any) that should have been paid; and
 (c) specify the information relevant to ascertaining whether amounts paid in respect of each such service should have been paid; and
 (d) specify how the document, extract or copy is to be produced; and
 (e) contain a statement to the effect that the person to whom the notice is given is not expected to produce a document, extract or copy containing clinical details relating to an individual unless the document, extract or copy is necessary to ascertaining whether the amount paid in respect of the service should have been paid; and
 (f) specify the period within