Document ID: chunk:federal_register_of_legislation:C2011A00010:clause:1_4:p1
Version: federal_register_of_legislation:C2011A00010
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 1/2)
Character Range: 15680–18431

4  After subsection 129AC(1)
Insert:

Failure to produce document
 (1A) Subject to subsection (1B), if:
 (a) a person referred to in paragraph 129AAD(2)(a) 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 person does not comply with the requirement within the period set out in the notice;
the amount paid, purportedly by way of benefit or payment under this Act, in respect of the service, 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.
 (1B) Subsection (1A) does not apply if the person concerned satisfies the Medicare Australia CEO that the person's non‑compliance 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)(a)
 (1C) Subject to subsection (1D), if:
 (a) a person referred to in paragraph 129AAD(2)(a) 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 person 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 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 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 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