Document ID: chunk:federal_register_of_legislation:C2015A00057:clause:2_2
Version: federal_register_of_legislation:C2015A00057
Segment Type: clause
Provision Reference: sch 2 cl 2
Character Range: 59827–61299

2  Validation of certain payments

Scope
(1) This item applies if:
 (a) during the period starting on 1 April 2014 and ending immediately before the commencement of this item, an amount was purportedly paid to a private health insurer under a provision (the payment provision) of Part 6‑4 of the Private Health Insurance Act 2007; and
 (b) the amount paid exceeded the amount that, disregarding item 1, was payable to the private health insurer under the payment provision; and
 (c) the amount paid equalled the amount that, taking account of item 1, was payable to the private health insurer under the payment provision.

Recovery of excess
(2) The excess referred to in paragraph (1)(b):
 (a) is a debt due to the Commonwealth by the private health insurer; and
 (b) may be recovered by action in a court of competent jurisdiction.

Substitute payment
(3) There is payable to the private health insurer an amount equal to the excess referred to in paragraph (1)(b).
(4) The payment under subitem (3) is taken to be a payment to which section 282‑40 of the Private Health Insurance Act 2007 applies.
(5) The payment under subitem (3) is taken to satisfy any obligation to make a payment to the same private health insurer of the amount that was payable as described in paragraph (1)(c).

Set‑off
(6) The amount payable by the private health insurer under subitem (2) may be recovered by deduction from the amount payable to the private health insurer under subitem (3).