Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1A) This section applies in relation to an amount (a recoverable amount ) that is recoverable from a person, or from the estate of a person, as a debt due to the Commonwealth if the amount is one of the following:
(a) an unpaid amount under paragraph 92(4)(e) or (f) in relation to an agreement under subsection 92(1);
(b) an amount for which notice has been served as mentioned in subsection 129AAI(4) or 129ACA(5);
(c) an amount for which notice has been given as mentioned in subsection 129AC(1G);
(d) an amount of interest under subsection 129AC(2);
(e) an amount under section 129AD where the Commonwealth is the payee.
(1) The Chief Executive Medicare (the CEO ) may, by written notice given to the person or estate, require the person or estate to do either or both of the following:
(a) give to the CEO, or a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 ), information in writing that is relevant to the financial situation of the person or estate;
(b) produce to the CEO, or a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 ), a document that is in the custody or under the control of the person or estate and is relevant to the financial situation of the person or estate.
(2) The person must notify the CEO, or a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 ), of an address for the purposes of giving the person documents relating to the debt, within 14 days after the day:
(a) if paragraph (1A)(a) applies--notice is given as mentioned in subsection 106R(3) of the Determining Authority's ratification of the agreement; or
(b) if paragraph (1A)(b) applies--notice is served as mentioned in subsection 129AAI(4) or 129ACA(5); or
(c) if paragraph (1A)(c) applies--the amount mentioned in that paragraph becomes due for payment; or
(d) if paragraph (1A)(d) applies--the end of the relevant period mentioned in subsection 129AC(2); or
(e) if paragraph (1A)(e) applies--the determination mentioned in section 129AD takes effect.
Civil penalty:
(a) for an individual--20 penalty units; and
(b) for a body corporate--100 penalty units.
(3) If the address of the person changes after notifying the address under subsection (2) or this subsection, the person must notify the CEO, or a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 ), of the change within 14 days after the change.
Civil penalty:
(a) for an individual--20 penalty units; and
(b) for a body corporate--100 penalty units.
(4) If the CEO reasonably believes that a person may have information or a document:
(a) that would help the CEO locate another person or estate (the debtor ) from which a recoverable amount is recoverable; or
(b) that is relevant to the debtor's financial situation;
the CEO may, by written notice given to the person, require the person to give the information in writing, or produce the document, to the CEO or a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 ).
(5) A notice under subsection (1) or (4) must specify the following:
(a) how the person or estate is to give the information in writing or produce the document;
(b) the period (which must be at least 14 days after the day the notice is given) within which the person or estate is to give the information or produce the document;
(c) that the notice is given under subsection (1) or (4) (as the case requires).
(6) A person contravenes this subsection if:
(a) the person is given a notice under subsection (1) or (4) requiring the person to give information in writing or produce a document; and
(b) the person fails to comply with the requirement within the period specified in the notice.
Civil penalty:
(a) for an individual--20 penalty units; and
(b) for a body corporate--100 penalty units.
(7) Subsection (2), (3) or (6) does not apply if the person has a reasonable excuse.
Note: A person who wishes to rely on subsection (7) in
proceedings for a civil penalty order bears an evidential burden in relation
to the matter in that subsection (see section 130H).