Document ID: chunk:federal_register_of_legislation:C2025C00156:section:129ac:p2
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 129AC (pt 2/3)
Character Range: 749538–752212

the amount is not properly substantiated, the amount is recoverable as a debt due to the Commonwealth from the person, or the estate of the person, whether or not the amount was paid to the person.
 (1D) Subsection (1C) does not apply if the person concerned satisfies the Chief Executive Medicare that the reason that the information contained in the document, extract or copy does not properly substantiate the amount is due to circumstances beyond the person's control.
Note: See section 129AAJ for review of decisions.

Amount not properly substantiated—notice to person referred to in paragraph 129AAD(2)(b)
 (1E) Subject to subsection (1F), if:
 (a) a person (the notice recipient) referred to in paragraph 129AAD(2)(b) is required, by a notice given under section 129AAD, to produce a document, extract or copy in respect of a professional service; and
 (b) the notice recipient complies with the requirement within the period set out in the notice; and
 (c) the information contained in the document, extract or copy does not properly substantiate (wholly or partly) that the amount paid, purportedly by way of benefit or payment under this Act, in respect of the service, should have been paid;
then, to the extent that the amount is not properly substantiated, the amount is recoverable as a debt due to the Commonwealth from:
 (d) the person who rendered the service, or on whose behalf the service was rendered; or
 (e) the estate of that person;
whether or not the amount was paid to that person.
 (1F) Subsection (1E) does not apply if the person from whom the amount concerned is recoverable satisfies the Chief Executive Medicare that the reason that the information contained in the document, extract or copy does not properly substantiate the amount is due to circumstances beyond the control of the person and the notice recipient.
Note: See section 129AAJ for review of decisions.

Administrative penalty
 (1G) If:
 (a) a person is given a notice under section 129AEC 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.

Recovery once only
 (1H) To avoid doubt, an amount paid purportedly by way of benefit or payment under this Act is recoverable under this section once only.

Interest on amounts
 (2) Where:
 (a) an amount (in this subsection referred to as the principal sum) is recoverable as a debt due to the Commonwealth from a person, or from an estate, under subsection (1),