Document ID: chunk:federal_register_of_legislation:C2018A00064:clause:4_58aa:p2
Version: federal_register_of_legislation:C2018A00064
Segment Type: clause
Provision Reference: sch 4 cl 58AA (pt 2/2)
Character Range: 64062–65571

part of the debt:
 (a) the Chief Executive Medicare must notify the third party of that fact; and
 (b) any amount that the third party is required to pay under the garnishee notice is reduced by that amount.

Indemnity
 (9) If an amount is paid by the third party in accordance with the garnishee notice:
 (a) the payment is taken to have been authorised by:
 (i) the debtor or estate; and
 (ii) any other person who is entitled to all or a part of the amount; and
 (b) the third party is indemnified for the payment.

Garnishee notice to Commonwealth, State or Territory
 (10) If the third party is the Commonwealth, a State or a Territory, the Chief Executive Medicare may give the notice to a person who is (as the case requires):
 (a) employed by the Commonwealth, State or Territory; and
 (b) required, or authorised, to disburse public money under a law of the Commonwealth, State or Territory.

Section binds the Crown
 (11) This section binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
 (12) However, this section does not make the Crown liable to be prosecuted for an offence.
 (13) To avoid doubt, this section does not imply that the Crown is, or is not, bound by any other provision of this Act.

Review of decisions
 (14) The debtor or estate may apply to the Administrative Appeals Tribunal for review of a decision by the Chief Executive Medicare to give a garnishee notice to a person under subsection (2).