Commonwealth Consolidated Acts Commonwealth Consolidated ActsSubsection 129AC(1) applies
(1) A person is liable for an administrative penalty in respect of a professional service rendered by, or on behalf of, the person if:
(a) the Chief Executive Medicare (the CEO ) has served a notice (as mentioned in subsection 129AAI(4)) on the person claiming an amount (the total amount ) as a debt due to the Commonwealth under subsection 129AC(1); and
(b) the total amount consists of, or includes, an amount (the recoverable amount ) in respect of the service; and
(d) the total amount is more than:
(ii) if a higher amount is prescribed by the regulations--that higher amount.
Subsection 129AC(1A) or (1C) applies
(2) A person is liable for an administrative penalty in respect of a particular professional service if:
(a) a notice was given to the person under section 129AAD requiring the person to produce a document, extract or copy relevant to the particular professional service; and
(b) subsection 129AC(1A) or (1C) applies in respect of the person and the particular professional service; and
(c) if the notice specifies one or more other professional services--either or both of subsections 129AC(1A) and (1C) apply in respect of the person and any other professional service specified in the notice; and
(d) the sum of the amounts that may be recovered from the person under those subsections in respect of the particular professional service, and any other professional service specified in the notice, is more than:
(ii) if a higher amount is prescribed by the regulations--that higher amount; and
(e) the CEO has served a notice on the person claiming as a debt due to the Commonwealth the amount (the recoverable amount ) that may be recovered from the person under whichever of subsection 129AC(1A) or (1C) applies in respect of the person and the particular professional service.
Subsection 129AC(1E) applies
(3) A person (the practitioner ) who rendered a particular professional service, or on whose behalf a particular professional service was rendered, is liable for an administrative penalty in respect of the service if:
(a) a notice was given to another person under section 129AAD requiring the person to produce a document, extract or copy relevant to the particular professional service; and
(b) subsection 129AC(1E) applies in respect of the practitioner and the particular professional service; and
(c) if the notice specifies one or more other professional services--subsection 129AC(1E) applies in respect of the practitioner and any other professional service specified in the notice; and
(d) the sum of the amounts that may be recovered from the practitioner under that subsection in respect of the particular professional service, and any other professional service specified in the notice, is more than:
(ii) if a higher amount is prescribed by the regulations--that higher amount; and
(e) the CEO has served a notice on the practitioner claiming as a debt due to the Commonwealth the amount (the recoverable amount ) that may be recovered from the practitioner under subsection 129AC(1E) in respect of the particular professional service.
Subsection 129ACA(2) applies
(4) A person is liable for an administrative penalty in respect of a professional service if:
(a) the CEO has made a determination under subsection 129ACA(2) in relation to a recoverable amount in respect of the service; and
(b) a notice has been served on the person (as mentioned in subsection 129ACA(5)) in respect of the service; and
(c) if the determination relates to one or more other professional services--the person is the primary debtor or secondary debtor for any other professional service to which the determination relates; and
(d) the sum of the recoverable amounts for the particular professional service, and any other professional service to which the determination relates, is more than:
(ii) if a higher amount is prescribed by the regulations--that
higher amount.