Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 13

  (1)   This section applies if the Secretary or Chief Executive Medicare (the official ) believes, on reasonable grounds, that a person is capable of giving information that is relevant to deciding:

  (a)   whether a contribution is payable to a person under the Continence Aids Payment Scheme; or

  (b)   the amount of a contribution that is payable to a person under the Continence Aids Payment Scheme.

  (2)   The official may request the person to give the information to the official.

  (3)   The request:

  (a)   must be made in writing; and

  (b)   must state what information must be given to the official; and

  (c)   may require the information to be verified by statutory declaration; and

  (d)   must specify a day on or before which the information must be given, which day must be at least 28 days after the day on which the request is made; and

  (e)   must contain a statement to the effect that a failure to comply with the request is an offence.

  (4)   The person commits an offence if the person fails to comply with the request.

Penalty:   30 penalty units.

  (5)   However, an individual is excused from complying with the request if the giving of the information might tend to:

  (a)   incriminate the individual; or

  (b)   expose the individual to a penalty.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (5). See subsection   13.3(3) of the Criminal Code .

  (6)   An offence against subsection   (4) is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .