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COMMONWEALTHAct
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s 19ABC

Medicare benefits not payable to certain MRBS participants

In force
Volume 1Parts I to VAA (sections 1 to 106ZR)
Part IIMedicare benefits

19ABC Medicare benefits not payable to certain MRBS participants

(1)

If:

(a)

a person is a party to a contract with the Commonwealth (as represented by the Department) for a Medical Rural Bonded Scholarship (including such a contract as varied from time to time) that was entered into before the commencement of this section; and

(b)

after the commencement of this section, the person breaches a provision of the contract that requires the person to work in a rural or remote area in accordance with that provision;

the Minister may determine that a medicare benefit is not payable in respect of a professional service rendered by, or on behalf of, the person as a medical practitioner.

(2)

In deciding whether to make a determination under subsection (1), the Minister must have regard to any matters prescribed by the regulations.

(3)

If the Minister makes a determination under subsection (1) in relation to the person, a medicare benefit is not payable to the person during the period that:

(a)

starts on the day specified in the determination (which must not be a day before the determination is made); and

(b)

ends:

(i)

when the period that is equal to double the length of the period that the person was required under the contract to work in a rural or remote area ends; or

(ii)

if a shorter period is determined in, or in accordance with, the contract—when that shorter period ends.

(4)

Subsection (3) applies whether or not the person was a medical practitioner at the time the contract was entered into or at the time the breach occurred.

(5)

If the Minister makes a determination under subsection (1) in relation to the person, the Minister must give the person written notice of the following:

(a)

the decision to make the determination;

(b)

the reasons for the decision;

(c)

how the person may apply for reconsideration or review of the decision.

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