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s 129AACB

Consequences of failure to give information etc. relevant to Act administration

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

129AACB Consequences of failure to give information etc. relevant to Act administration

(1)

A person contravenes this subsection if:

(a)

the person is given a notice under subsection 129AACA(1) requiring the person to give information, a document or a thing; and

(b)

the person fails to comply with the requirement within:

(i)

if the Chief Executive Medicare has, under subsection 129AACA(4), extended the period specified in the notice—the extended period; or

(ii)

otherwise—the period specified in the notice.

Strict liability offence

(2)

A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty: 30 penalty units.

Civil penalty

(3)

A person is liable for a civil penalty if the person contravenes subsection (1).

Civil penalty:

(a)

for an individual—30 penalty units; and

(b)

for a body corporate—150 penalty units.

(4)

Subsection (3) does not apply if:

(a)

the contravention is brought about by:

(i)

another person over whom the defendant has no control; or

(ii)

a non‑human act or event over which the defendant has no control; and

(b)

the defendant could not reasonably be expected to guard against the contravention.

Note:

A person who wishes to rely on this subsection in proceedings for a civil penalty order bears an evidential burden in relation to the matter in this subsection (see section 130H).

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