Document ID: chunk:federal_register_of_legislation:C2025C00156:section:129aca:p2
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 129ACA (pt 2/3)
Character Range: 756298–759026

to claim the recoverable amount under subsection (1) as a debt due to the Commonwealth;
 (b) an amount (the shared amount) equal to a percentage of the recoverable amount that is recoverable from the secondary debtor or estate;
 (c) an amount (the remaining amount) equal to the recoverable amount less the shared amount that is recoverable from the primary debtor or estate;
 (d) the reasons for the decision;
 (e) the right to seek review of the decision under section 129ACB.
 (4) The percentage determined by the CEO for the purposes of paragraph (3)(b) must be the percentage prescribed under paragraph (9)(c), unless the CEO reasonably believes in all the circumstances of the case that it is fair and reasonable that a different percentage be determined.
 (5) The CEO must not serve a notice on a person or an estate claiming a shared amount or remaining amount (as the case may be) as a debt before the end of the period of 28 days after the determination referred to in subsection (2) is given to the person or estate.
 (6) An amount is recoverable under subsection (1) whether or not:
 (a) the amount was paid to the primary debtor or secondary debtor (or the estates of those persons); and
 (b) any person has been convicted of an offence in relation to the giving of the false or misleading information.

Notice of intention to make shared debt determinations
 (7) Before making a determination under subsection (2) in relation to a recoverable amount, the CEO must give the following to the primary debtor or estate and the other person or estate the CEO is considering specifying in the determination as the secondary debtor:
 (a) written notice that the CEO is considering making a determination under that subsection in relation to the recoverable amount;
 (b) a copy of any document produced under subsection 129AAD(2) or (3) in relation to the recoverable amount.
 (8) A person who, or estate that, is given a notice under subsection (7) may, within 14 days after the notice is given, provide a written response to the CEO which states:
 (a) the reasons why the person or estate considers a determination under subsection (2) should, or should not, be made; and
 (b) the percentage that the person or estate considers should be determined for the purposes of paragraph 129ACA(3)(b).

Minister may make legislative instrument
 (9) The Minister may, by legislative instrument, prescribe the following:
 (a) classes of persons for the purposes of subparagraph (2)(b)(iii);
 (b) classes of persons for the purposes of subparagraph (2)(b)(iv);
 (c) a percentage for the purposes of subsection (4);
 (d) matters or statements for the purposes of paragraph 129AAD(8)(bc).

Giving notices to State and Territory Health