Document ID: chunk:federal_register_of_legislation:C2018A00064:clause:5_99abg
Version: federal_register_of_legislation:C2018A00064
Segment Type: clause
Provision Reference: sch 5 cl 99ABG
Character Range: 76274–78325

99ABG  Notice of administrative penalty and review of assessments
 (1) The Secretary must give to a person who the Secretary has assessed, in accordance with sections 99ABE and 99ABF, is liable for an administrative penalty, written notice of the assessment which includes the following:
 (a) the person's liability to pay an administrative penalty in respect of one or more pharmaceutical benefits;
 (b) the pharmaceutical benefit to which each administrative penalty relates;
 (c) if there is more than one pharmaceutical benefit—the total of the administrative penalties;
 (d) the day by which the penalty becomes due for payment (which must be at least 14 days after the day on which the notice is given);
 (e) the fact that the notice is given under this section.
 (2) The notice may also deal with a debt due to the Commonwealth under subsection 99ABA(2) or 99ABB(4) arising in relation to the pharmaceutical benefit.
 (3) If:
 (a) a person is given a notice under subsection (1) of the person's liability to pay an administrative penalty; and
 (b) the person does not pay the penalty by the day set out in the notice as the day by which the penalty becomes due for payment;
the amount set out in the notice is recoverable as a debt due to the Commonwealth from the person or the estate of the person.
 (4) A person may apply to the Administrative Appeals Tribunal for review of an assessment by the Secretary of the person's liability to pay an administrative penalty for which notice has been given under subsection (1).
 (5) However, subsection (4) applies only if a garnishee notice is given under subsection 99ABJ(2) in relation to the debt to which the administrative penalty relates.
 (6) Despite paragraph 29(1)(d) of the Administrative Appeals Tribunal Act 1975, if a garnishee notice is given under subsection 99ABJ(2) in relation to the debt to which the administrative penalty relates, an application mentioned in subsection (4) of this section must be made within the period of 28 days after the day the garnishee notice is given.