Document ID: chunk:federal_register_of_legislation:F2020L01035:reg:9:p3
Version: federal_register_of_legislation:F2020L01035
Segment Type: reg
Provision Reference: reg 9 (pt 3/3)
Character Range: 12456–14696

of services specified in the determination, rendered by or on behalf of the provider, for a period of at least 6 months but not exceeding 3 years.
 (5) Where the provider:
 (a) has been convicted of a relevant offence, being an offence against Division 3 of Part IIBA of the Act; and
 (b) has previously been:
 (i) convicted of a relevant offence, being an offence against Division 3 of Part IIBA of the Act; or
 (ii) ordered by the Federal Court to pay a pecuniary penalty for a relevant civil contravention; and
 (c) has not previously been subject to a determination by a Committee which specifies a period during which medicare benefits are not payable for kinds of services specified in a determination rendered by or on behalf of the provider;
       it would be appropriate for the Committee to determine that medicare benefits are not payable for kinds of services specified in the determination, rendered by or on behalf of the provider, for a period of at least 12 months.
 (6) Where the provider:
 (a) has been ordered by the Federal Court to pay a pecuniary penalty order for a relevant civil contravention; and
 (b) has on one or more occasions previously been subject to a determination by a Committee which specifies a period during which medicare benefits are not payable for kinds of services specified in a determination, rendered by or on behalf of the provider;
       it would be appropriate for the Committee to determine that medicare benefits are not payable for kinds of services specified in the determination, rendered by or on behalf of the provider, for a period of at least 12 months.
 (7) Where the provider:
 (a) has been convicted of a relevant offence, being an offence against Division 3 of Part IIBA of the Act; and
 (b) has on one or more occasions previously been subject to a determination by a Committee which specifies a period during which medicare benefits are not payable for kinds of services specified in a determination, rendered by or on behalf of the provider;
       then disqualification for at least two years would be appropriate.
 (8) A provider is entitled to be heard on why any presumption as to period of non‑payment of medicare benefits that otherwise would apply should not apply.