Document ID: chunk:federal_register_of_legislation:C2024C00866:section:93:p2
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 93 (pt 2/3)
Character Range: 1347964–1350564

pay compensation to, or for the benefit of, the patient in respect of the disease, disability or condition by reason of which that treatment is being, or has been, provided, inform the relevant person that the patient is liable to make payment to the Commonwealth for treatment provided under this Part, whether before or after the service of the notice, for or in relation to that disease, disability or condition.
 (4) Where the relevant person on whom a notice has been served under subsection (3):
 (a) is, when the notice is served on him or her, liable to pay compensation to or for the benefit of the patient to whom the notice relates in respect of the disease, disability or condition to which the notice relates; or
 (b) becomes, after service of the notice, so liable to pay compensation;
the relevant person becomes liable, by virtue of this subsection, to pay to the Commonwealth:
 (c) an amount equal to the cost of the treatment provided for the patient in respect of that disease, disability or condition under this Part that the patient is liable, or may become liable, under subsection (2) of this section to pay; or
 (d) an amount equal to the amount of the compensation that the relevant person is liable, or becomes liable, so to pay;
whichever is the less.
 (5) Where, before a notice is served on the relevant person under subsection (3), the relevant person has paid to, or for the benefit of, the patient the whole of the compensation that the relevant person is liable to pay in respect of the disease, disability or condition to which the notice relates, the notice has no force or effect.
 (6) Where the relevant person is liable, or becomes liable, to pay an amount to the Commonwealth under subsection (4), the person shall not, without the permission of the Commission, pay the compensation, or any part of the compensation, to, or for the benefit of, the patient.
 (7) Payment to the Commonwealth of an amount that the relevant person is liable to pay to the Commonwealth under subsection (4) operates, to the extent of the payment, as a discharge to the relevant person of his or her liability to pay compensation to the person entitled to receive the compensation and as a discharge to that last‑mentioned person of his or her liability under subsection (2).
 (8) The Commonwealth may recover in a court of competent jurisdiction an amount that a person is liable to pay to the Commonwealth under subsection (2) or (4).
 (9) Where the Commission determines, in writing, the amount of the cost of, and incidental to, treatment provided under this Part for the patient