Document ID: chunk:federal_register_of_legislation:C2011A00010:clause:1_4:p2
Version: federal_register_of_legislation:C2011A00010
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 2/2)
Character Range: 18197–19909

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 Medicare Australia CEO 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.
Note 1: The heading to section 129AC is replaced by the heading "Recovery of amounts overpaid etc. and administrative penalties".
Note 2: The following heading to subsection 129AC(1) is inserted "False or misleading statements".