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s 129AACA

Notice to give information etc. relevant to Act administration

In force
Volume 2Parts VB to VII (s 124B to 133), Endnotes
Part VIIMiscellaneous

129AACA Notice to give information etc. relevant to Act administration

Chief Executive Medicare may require person to give information etc.

(1)

If the Chief Executive Medicare reasonably suspects that a person has relevant material, the Chief Executive Medicare may, by notice in writing, require the person to give the relevant material:

(a)

if the relevant material contains clinical details relating to an individual—to a specified APS employee in the Department who is a medical practitioner; or

(b)

otherwise—to a specified APS employee in the Department.

Content of notice

(2)

The notice must:

(a)

specify all of the following:

(i)

the relevant material;

(ii)

the grounds on which the Chief Executive Medicare suspects that the person has the relevant material;

(iii)

how the relevant material is to be given;

(iv)

each person to whom the relevant material is to be given;

(v)

the contact details of an APS employee in the Department who may be contacted in relation to the notice;

(vi)

the period within which the person is required to give the relevant material; and

(b)

contain a statement about the effect of section 129AACB (consequences of failure to give information etc. relevant to Act administration).

Period to comply with notice

(3)

The period specified for the purposes of subparagraph (2)(a)(vi) must be a period ending at least 21 days after the day on which the notice is given.

(4)

The Chief Executive Medicare may, in writing, extend the period within which the person is required to give the relevant material. The Chief Executive Medicare may do so before or after the end of the period.

Section not limited

(5)

This section is not limited by:

(a)

any other provision of this Act; or

(b)

any provision of the Human Services (Medicare) Act 1973 or any other Act;

that relates to powers to require information, a document or a thing to be given.

Meaning of relevant material

(6)

In this section, relevant material means information, a document or a thing that is relevant to the administration of this Act and includes information, a document or a thing that relates to:

(a)

compliance with a requirement under this Act or an instrument made under this Act; or

(b)

an amount paid under this Act; or

(c)

a person’s entitlement to a benefit or payment under this Act.

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