Health Insurance Act 1973

If the Chief Executive Medicare (the CEO) gives a person a notice under subsection 19AF(3) or 129AAD(2), or a request mentioned in subsection 129AAD(3), in respect of a professional service, the person must keep, for the period mentioned in subsection (2) of this section, any document that is relevant to whether an amount should have been paid under this Act in respect of the service.

for an individual—20 penalty units; and

for a body corporate—100 penalty units.

The period:

begins on the day the notice or request (as the case may be) is given; and

ends:

if a notice is given under subsection 129AAH(1A) that the amount paid, by way of benefit or payment under this Act in respect of the service is payable in accordance with section 19AD—on the day the notice is given; or

if a notice is given under subsection 129AAH(1) that the amount paid, by way of benefit or payment under this Act in respect of the service, should have been paid—on the day the notice is given; or

if a notice is given as mentioned in subsection 129AAI(4) or 129ACA(5) claiming an amount as a debt in respect of the service—on the day the notice is given.

However, if an application for review of the decision to claim the amount as a debt is made under subsection 129AAJ(1) or 129ACB(1), the period ends on the day a notice is given under subsection 129AAJ(5) or 129ACB(6) notifying the person of the outcome of the review.

Subsection (1) does not apply if the person has a reasonable excuse.

A person who wishes to rely on subsection (4) in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection (see section 130H).

This section does not limit, and is not limited by, subsection 19AF(1).