Commonwealth Consolidated Acts

PRIVATE HEALTH INSURANCE ACT 2007 - SECT 282.1

             (1)  The following amounts are recoverable as debts due to the Commonwealth:

                     (a)  a payment made to a person under Subdivision 26-B to which the person was not entitled;

                     (b)  a payment made to a person under Subdivision 26-B in respect of a premium that was afterwards refunded;

                     (c)  a payment made to a person under Subdivision 26-B in respect of a claim that has been withdrawn under section 26-15;

                     (d)  so much of a payment made under section 279-15 or 279-40 as relates to a * complying health insurance policy that covers a person who was:

                              (i)  a * participant in the premiums reduction scheme for the financial year concerned in respect of the policy; and

                             (ii)  not eligible to participate in that scheme in respect of that policy;

                     (e)  so much of a payment made under section 279-15 or 279-40 as relates to a premium for which a reduction was not allowable under section 23-1;

                      (f)  150% of so much of a payment made under section 279-15 or 279-40 as:

                              (i)  is not reflected in reductions in premiums payable under complying private health insurance policies issued by the private health insurer concerned; or

                             (ii)  relates to a person whose application under subsection 23-15(1) has not been retained by the private health insurer as required by section 23-45; or

                            (iii)  relates to a person whose application under subsection 23-15(1) has been so retained, but has not been produced to the Chief Executive Medicare by the private health insurer in accordance with a requirement made by the Chief Executive Medicare under section 279-55;

                     (g)  so much of a payment purportedly made under section 279-15 or 279-40 as was not payable under that section;

                     (h)  interest payable under subsection 282-5(2).

             (2)  The amounts are recoverable from:

                     (a)  if paragraph (1)(a), (b) or (c) applies--the person referred to in that paragraph or that person's estate; or

                     (b)  if paragraph (1)(d), (e), (f) or (g) applies--the private health insurer to which the payment concerned was made; or

                     (c)  if paragraph (1)(h) applies:

                              (i)  if the payment was made to a private health insurer--that insurer; or

                             (ii)  if the payment was made to an individual--the individual or his or her estate.

             (3)  An amount recoverable under subsection (1) is recoverable whether or not any person has been convicted of an offence relating to the payment.