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This is a Bill, not an Act. For current law, see the Acts databases.
2022
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Health Legislation Amendment
(Medicare Compliance and Other
Measures) Bill 2022
No. , 2022
(Health and Aged Care)
A Bill for an Act to amend the law relating to
health, and for related purposes
No. , 2022
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Professional services review scheme
3
Health Insurance Act 1973
3
Part 2--Review of certain debt-recovery decisions
20
Dental Benefits Act 2008
20
Health Insurance Act 1973
21
National Health Act 1953
22
Part 3--Miscellaneous debt-recovery amendments
25
Dental Benefits Act 2008
25
Health Insurance Act 1973
27
National Health Act 1953
31
Part 4--False or misleading information
35
Dental Benefits Act 2008
35
National Health Act 1953
35
No. , 2022
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
1
A Bill for an Act to amend the law relating to
1
health, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Health Legislation Amendment (Medicare
5
Compliance and Other Measures) Act 2022.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
No. , 2022
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
Professional services review scheme
Part 1
No. , 2022
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
3
Schedule 1--Amendments
1
Part 1--Professional services review scheme
2
Health Insurance Act 1973
3
1 Subsection 81(1)
4
Insert:
5
executive officer
of a body corporate means a person, by whatever
6
name called and whether or not a director of the body, who is
7
concerned in, or takes part in, the management of the body.
8
2 Subsection 81(1) (paragraph (b) of the definition of service)
9
Omit "dispensing", substitute "supply".
10
3 Subsection 86(1)
11
Omit "the request.", substitute:
12
the request if it appears to the Chief Executive Medicare that there
13
is a possibility that the person may have:
14
(a) provided services during the period; and
15
(b) engaged in inappropriate practice in the provision of the
16
services.
17
4 Subsection 86(1) (note)
18
Repeal the note, substitute:
19
Note 1:
For
provides services
, see subsection 81(2).
20
Note 2:
Reviewing the provision of services by a person during a period may
21
include reviewing whether particular services were provided during
22
the period by the person or another person.
23
5 Subsection 89B(5)
24
Omit "section 106ZPM or 106ZPN, whichever", substitute "whichever
25
one or more of section 106ZPM, subsection 106ZPN(1) or (2), or
26
section 106ZPNA".
27
Schedule 1
Amendments
Part 1
Professional services review scheme
4
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
No. , 2022
6 Subsection 92(1)
1
Repeal the subsection, substitute:
2
(1) A person under review and the Director may enter into a written
3
agreement under which:
4
(a) the person under review acknowledges that the person
5
engaged in inappropriate practice in connection with the
6
provision of specified services during the review period
7
(whether rendered or initiated by the person or an associated
8
person); and
9
(b) specified action in relation to the person under review (being
10
action of a kind mentioned in subsection (2)) is to take effect.
11
Note:
The effect of paragraph (b) and subsection (2) is that action may be
12
specified in the agreement only in relation to the person under review,
13
even if the inappropriate practice is in connection with the rendering
14
or initiating of services by an associated person of the person under
15
review.
16
7 Paragraph 92(2)(a)
17
After "the person", insert "under review".
18
8 After paragraph 92(2)(a)
19
Insert:
20
(aa) that the Director, or the Director's nominee, is to counsel the
21
person under review;
22
9 Paragraphs 92(2)(b) and (ca)
23
After "the person" (wherever occurring), insert "under review".
24
10 After paragraph 92(2)(cb)
25
Insert:
26
(d) if any of the services referred to in paragraph (1)(a) were
27
rendered or initiated by an associated person--that the person
28
under review is to:
29
(i) give specified classes of associated persons specified
30
information about the appropriate provision of services,
31
or that is relevant to preventing inappropriate practice in
32
the provision of services, in a specified form (if any)
33
within a specified period; and
34
Amendments
Schedule 1
Professional services review scheme
Part 1
No. , 2022
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
5
(ii) give the Chief Executive Medicare, within a specified
1
period, specified evidence that the person under review
2
has taken the action mentioned in subparagraph (i);
3
11 Paragraphs 92(2)(da), (db) and (e)
4
After "the person" (first occurring), insert "under review".
5
12 Paragraph 92(2)(e)
6
Omit "service referred to in that paragraph involves prescribing or
7
dispensing", substitute "service referred to in paragraph (1)(a) involves
8
prescribing or supplying".
9
13 Paragraphs 92(2)(f) and (g)
10
Before "that the person", insert "if the person under review is a
11
practitioner--".
12
14 Paragraph 92(2A)(a)
13
After "the person", insert "under review".
14
15 After paragraph 92(4)(d)
15
Insert:
16
(da) if the Chief Executive Medicare is of the opinion that the
17
person under review has not taken action specified in the
18
agreement that is necessary to give effect to the agreement--
19
the Chief Executive Medicare may notify the Director, in
20
writing, of the Chief Executive Medicare's opinion together
21
with the Chief Executive Medicare's reasons for that opinion;
22
and
23
16 At the end of subsection 92(4)
24
Add:
25
Note:
If the Chief Executive Medicare notifies the Director under
26
paragraph (da), the Director may cause certain particulars to be
27
published under section 106ZPR.
28
17 After subsection 92(4)
29
Insert:
30
Schedule 1
Amendments
Part 1
Professional services review scheme
6
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
No. , 2022
(4A) Before notifying the Director under paragraph (4)(da), the Chief
1
Executive Medicare must:
2
(a) give the person under review a written notice that:
3
(i) sets out the reasons why the Chief Executive Medicare
4
is of the opinion that the person has not taken action
5
specified in the agreement that is necessary to give
6
effect to the agreement; and
7
(ii) invites the person to make written submissions to the
8
Chief Executive Medicare, within a specified period of
9
not less than 14 days after the notice is given, about why
10
the Chief Executive Medicare should not notify the
11
Director under paragraph (4)(da); and
12
(b) consider any submissions made as mentioned in
13
subparagraph (a)(ii).
14
18 Subsection 92(7)
15
Insert:
16
associated person
, in relation to a person under review, has the
17
meaning given by subsection 106U(5).
18
19 Before subsection 93(1)
19
Insert:
20
(1A) This section applies if it appears to the Director that a person under
21
review may have:
22
(a) provided services during the review period; and
23
(b) engaged in inappropriate practice in the provision of the
24
services.
25
20 At the end of subsection 93(1)
26
Add:
27
Note:
Investigating whether the person under review engaged in
28
inappropriate practice in providing the services may include
29
investigating whether the services were provided by the person or
30
another person.
31
21 Paragraph 93(6)(a)
32
Omit "the Director thinks", substitute "it appears to the Director that".
33
Amendments
Schedule 1
Professional services review scheme
Part 1
No. , 2022
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
7
22 Subsection 102(4)
1
Omit "The notice may require the person under review", substitute "If
2
the person under review is an individual (whether or not a practitioner),
3
the notice may require the individual".
4
23 At the end of section 102
5
Add:
6
(5) If the person under review is a body corporate, the notice may
7
require the body to cause an executive officer of the body to appear
8
at the hearing and give evidence to the Committee on behalf of the
9
body corporate.
10
24 Section 103 (heading)
11
After "
hearings
", insert "
--individuals
".
12
25 Subsection 103(1)
13
Omit "The person under review", substitute "A person under review
14
who is an individual (whether or not a practitioner)".
15
26 Paragraph 103(1)(c)
16
Omit "his or her character", substitute "the person's character".
17
27 Paragraph 103(1)(d)
18
Omit "his or her character", substitute "the person's character".
19
28 After section 103
20
Insert:
21
103A Rights of persons under review at hearings--bodies corporate
22
(1) If the person under review is a body corporate, an executive officer
23
of the body corporate is entitled, subject to any reasonable
24
limitations or restrictions that the Committee may impose:
25
(a) to attend the hearing; and
26
(b) to be accompanied by a lawyer or another adviser; and
27
(c) to call witnesses to give evidence; and
28
(d) to question a person giving evidence at the hearing; and
29
Schedule 1
Amendments
Part 1
Professional services review scheme
8
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
No. , 2022
(e) to address the Committee on questions of law arising during
1
the hearing; and
2
(f) after the conclusion of the taking of evidence, to make a final
3
address to the Committee on questions of law, the conduct of
4
the hearing and the merits of the matters to which the hearing
5
relates.
6
(2) Without limiting paragraph (1)(c), if the executive officer is asked
7
a question by a Committee member in the course of the hearing
8
that the executive officer is unable to answer, then:
9
(a) the executive officer may call, and put the question to, a
10
witness; and
11
(b) if the witness answers the question--the executive officer is
12
taken to have answered the Committee member's question
13
for the purposes of this Part.
14
(3) A lawyer accompanying the executive officer is entitled, on behalf
15
of the person under review, subject to any reasonable limitations or
16
restrictions that the Committee may impose:
17
(a) to give advice to the person under review (including, by
18
giving that advice to the executive officer); and
19
(b) to address the Committee on questions of law arising during
20
the hearing; and
21
(c) subject to subsection (5), after the conclusion of the taking of
22
evidence, to make a final address to the Committee on
23
questions of law, the conduct of the hearing and the merits of
24
the matters to which the hearing relates.
25
(4) The Committee may allow an adviser (other than a lawyer)
26
accompanying the executive officer, subject to any reasonable
27
limitations or restrictions that the Committee may impose:
28
(a) to give advice to the person under review (including by
29
giving that advice to the executive officer); and
30
(b) subject to subsection (5), after the conclusion of the taking of
31
evidence, to make, on behalf of the person under review, a
32
final address to the Committee on the merits of the matters to
33
which the hearing relates.
34
(5) If the executive officer is accompanied both by a lawyer and by an
35
adviser who is not a lawyer, a final address to the Committee may
36
Amendments
Schedule 1
Professional services review scheme
Part 1
No. , 2022
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
9
be made either by the lawyer or by the other adviser, but not by
1
both of them.
2
(6) Any fees or expenses in respect of the services of a lawyer or other
3
adviser accompanying the executive officer or in respect of
4
witnesses called by that officer are payable by the person under
5
review.
6
29 Section 104 (heading)
7
Repeal the heading, substitute:
8
104 Failing to appear, give evidence or answer a question--effect on
9
hearing where person under review is an individual
10
30 Paragraph 104(1)(a)
11
Omit "the notice under section 102 requires the person under review to
12
appear at the hearing", substitute "a notice under section 102 requires a
13
person under review who is an individual (whether or not a practitioner)
14
to appear at a hearing".
15
31 Paragraph 104(4)(e)
16
Before "the Committee", insert "if the person is a practitioner--".
17
32 After section 104
18
Insert:
19
104A Failing to appear, give evidence or answer a question--effect
20
on hearing where person under review is a body
21
corporate
22
(1) This section has effect if:
23
(a) a notice under section 102 requires a person under review
24
that is a body corporate to cause an executive officer of the
25
body to appear at a hearing and give evidence to the
26
Committee; and
27
(b) either:
28
(i) the body fails to cause an executive officer to appear at
29
the hearing; or
30
Schedule 1
Amendments
Part 1
Professional services review scheme
10
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
No. , 2022
(ii) an executive officer appears at the hearing but refuses or
1
fails to give evidence or to answer a question that the
2
officer is asked by a Committee member in the course
3
of the hearing.
4
(2) The Committee may:
5
(a) proceed with the hearing, despite section 103A, even though:
6
(i) the body fails to cause an executive officer to appear at
7
the hearing; or
8
(ii) an executive officer appears at the hearing but refuses or
9
fails to give evidence or to answer a question that the
10
officer is asked by a Committee member in the course
11
of the hearing; or
12
(b) propose to hold another hearing in accordance with
13
section 102.
14
(3) Paragraph (2)(a) ceases to apply if an executive officer of the body
15
subsequently:
16
(a) appears at a hearing; and
17
(b) gives evidence as required; and
18
(c) answers every question that the officer is asked by a
19
Committee member in the course of the hearing.
20
(4) Paragraph (2)(a) does not apply if:
21
(a) the body corporate has only one executive officer; and
22
(b) before the hearing takes place, the officer notifies the
23
Committee that the officer has a medical condition
24
preventing the officer from appearing or from giving
25
evidence or answering questions; and
26
(c) the officer has complied with any reasonable requirements of
27
the Committee that the officer undergo medical examination
28
to establish the existence and extent of the medical condition;
29
and
30
(d) the results of the medical examination indicate that the
31
officer has a medical condition preventing the officer from
32
appearing or from giving evidence or answering questions.
33
33 Section 105 (heading)
34
Repeal the heading, substitute:
35
Amendments
Schedule 1
Professional services review scheme
Part 1
No. , 2022
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
11
105 Failing to appear, give evidence or answer a question--
1
disqualification for practitioners
2
34 After section 105
3
Insert:
4
105AA Failing to appear, give evidence or answer a question--
5
offence for other persons under review
6
Offence where person under review is an individual other than a
7
practitioner
8
(1) An individual commits an offence if:
9
(a) the individual is a person under review; and
10
(b) the individual is not a practitioner; and
11
(c) the individual is given a notice under section 102 requiring
12
the individual to appear at a hearing and give evidence to the
13
Committee; and
14
(d) the individual:
15
(i) fails to appear at the hearing; or
16
(ii) appears at the hearing but refuses or fails to give
17
evidence or to answer a question that the individual is
18
asked by a Committee member in the course of the
19
hearing.
20
Penalty: 30 penalty units.
21
(2) Subsection (1) does not apply if paragraphs 104(5)(a), (b) and (c)
22
apply to the individual.
23
Note:
The defendant bears an evidential burden in relation to the matters in
24
this subsection. See subsection 13.3(3) of the
Criminal Code
.
25
(3) An offence under subsection (1) is an offence of strict liability.
26
Note:
For strict liability, see section 6.1 of the
Criminal Code
.
27
Offence where person under review is a body corporate
28
(4) A body corporate commits an offence if:
29
(a) the body is a person under review; and
30
Schedule 1
Amendments
Part 1
Professional services review scheme
12
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
No. , 2022
(b) the body is given a notice under section 102 requiring the
1
body to cause an executive officer of the body to appear at a
2
hearing and give evidence to the Committee; and
3
(c) the body fails to cause an executive officer to:
4
(i) appear at the hearing; or
5
(ii) give evidence at the hearing; or
6
(iii) answer a question asked by a Committee member in the
7
course of the hearing.
8
Penalty: 150 penalty units.
9
(5) Subsection (4) does not apply if:
10
(a) the body has only one executive officer; and
11
(b) paragraphs 104A(4)(b), (c) and (d) apply to the officer.
12
Note:
The defendant bears an evidential burden in relation to the matters in
13
this subsection. See subsection 13.3(3) of the
Criminal Code
.
14
(6) An offence under subsection (4) is an offence of strict liability.
15
Note:
For strict liability, see section 6.1 of the
Criminal Code
.
16
35 Subsection 105A(5)
17
Omit "section 106ZPM or 106ZPN, whichever", substitute "whichever
18
one or more of section 106ZPM, subsection 106ZPN(1) or (2), or
19
section 106ZPNA".
20
36 Section 106B
21
After "(other than the person under review", insert "or, if that person is
22
a body corporate with only one executive officer, that officer".
23
37 Paragraph 106U(1)(f)
24
Omit "dispensing", substitute "supplying".
25
38 Subsection 106U(2)
26
Repeal the subsection.
27
39 Paragraphs 106ZPA(2)(e) and (f)
28
Repeal the paragraphs, substitute:
29
Amendments
Schedule 1
Professional services review scheme
Part 1
No. , 2022
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
13
(e) the member or members referred to in paragraph (1)(c) who
1
are practitioners in the same professions as the person or
2
persons who rendered or initiated the services to which the
3
agreement or report relates.
4
40 Section 106ZPM (heading)
5
Repeal the heading, substitute:
6
106ZPM Failing to produce documents or give information--
7
benefits not payable, disqualification etc.
8
41 Section 106ZPN
9
Repeal the section, substitute:
10
106ZPN Failing to produce documents or give information--
11
offences and civil penalties
12
Offence (other than for persons under review who are
13
practitioners)
14
(1) A person commits an offence if:
15
(a) the person is required to produce a document or give
16
information under subsection 89B(2) or 105A(2); and
17
(b) the person intentionally refuses or fails to comply with the
18
requirement; and
19
(c) if the person is the person under review--the person is not a
20
practitioner.
21
Penalty: 30 penalty units.
22
Civil penalty for bodies corporate
23
(2) A body corporate must not refuse or fail to comply with a
24
requirement to produce a document or give information under
25
subsection 89B(2) or 105A(2).
26
Civil penalty:
30 penalty units.
27
(3) A body corporate that contravenes subsection (2) commits a
28
separate contravention of that subsection in respect of each day
29
Schedule 1
Amendments
Part 1
Professional services review scheme
14
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
No. , 2022
during which the contravention continues (including a day of the
1
making of a relevant pecuniary penalty order or any subsequent
2
day).
3
106ZPNA Failing to produce documents or give information--court
4
orders for bodies corporate
5
(1) This section applies if the Director is satisfied that a body
6
corporate has refused or failed to comply with a requirement to
7
produce a document or give information under subsection 89B(2)
8
or 105A(2).
9
(2) The Director may by writing certify the failure to the Federal Court
10
of Australia.
11
(3) If the Director does so, the Federal Court of Australia may inquire
12
into the case and may order the body corporate to comply with the
13
requirement as specified in the order.
14
42 Section 106ZPR (heading)
15
Omit "
reports
", substitute "
agreements
".
16
43 Before subsection 106ZPR(1)
17
Insert:
18
(1A) The Director may cause to be published, in such way as the
19
Director thinks most appropriate, the particulars mentioned in
20
subsection (1) if:
21
(a) an agreement under section 92 has come into effect in
22
relation to a person under review and either or both of the
23
following apply:
24
(i) the Chief Executive Medicare notifies the Director
25
under paragraph 92(4)(da) of the Chief Executive
26
Medicare's opinion that the person has not taken action
27
specified in the agreement that is necessary to give
28
effect to the agreement;
29
(ii) action has been taken in a court for the purposes of
30
enforcing the agreement (including to recover a debt
31
due by the person to the Commonwealth as mentioned
32
in paragraph 92(4)(e) or (f)); or
33
Amendments
Schedule 1
Professional services review scheme
Part 1
No. , 2022
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
15
(b) a final determination under section 106TA has come into
1
effect.
2
44 Subsection 106ZPR(1)
3
Omit "When a final determination of the Determining Authority has
4
come into effect, the Director may cause to be published, in such way as
5
he or she thinks most appropriate, particulars of", substitute "The
6
particulars are".
7
45 Paragraph 106ZPR(1)(b)
8
Repeal the paragraph, substitute:
9
(b) if the person under review is a practitioner--the profession or
10
specialty of the person; and
11
(ba) if the person under review is a person other than a
12
practitioner--the profession or speciality of the person or
13
persons who rendered or initiated the services to which the
14
agreement or determination relates; and
15
46 Paragraphs 106ZPR(1)(c) and (d)
16
Repeal the paragraphs, substitute:
17
(c) if paragraph (1A)(a) applies:
18
(i) the nature of the conduct of the person under review in
19
respect of which the person acknowledged under the
20
agreement that the person engaged in inappropriate
21
practice; and
22
(ii) the actions specified in the agreement under
23
subsection 92(2); and
24
(d) if paragraph (1A)(b) applies:
25
(i) the nature of the conduct of the person under review in
26
respect of which the Committee found that the person
27
had engaged in inappropriate practice; and
28
(ii) the directions contained in the determination under
29
subsection 106U(1).
30
47 Subsection 106ZPR(3)
31
Omit "subsection (1)", substitute "this section".
32
Schedule 1
Amendments
Part 1
Professional services review scheme
16
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
No. , 2022
48 Application and savings provisions
1
(1)
Section 86 of the
Health Insurance Act 1973
, as in force on and after
2
the commencement of this item, applies in relation to a request made
3
under subsection 86(1) of that Act on or after that commencement,
4
whether the services to which the request relates are rendered or
5
initiated before, on or after that commencement.
6
(2)
Subsections 89B(5) and 105A(5) of the
Health Insurance Act 1973
, as
7
in force on and after the commencement of this item, apply in relation
8
to a notice given on or after that commencement, whether the request
9
under subsection 86(1), or the referral under subsection 93(1), of that
10
Act is made before, on or after that commencement.
11
(3)
Section 92 of the
Health Insurance Act 1973
, as in force on and after
12
the commencement of this item, applies in relation to an agreement
13
entered into under that section on or after that commencement, whether:
14
(a) the request under subsection 86(1) of that Act is made; or
15
(b) the services to which the agreement relates are rendered or
16
initiated;
17
before, on or after that commencement.
18
(4)
The repeal of subsection 92(1) of the
Health Insurance Act 1973
by this
19
Part does not affect an agreement entered into under that subsection
20
before the commencement of this item.
21
(5)
Section 93 of the
Health Insurance Act 1973
, as in force on and after
22
the commencement of this item, applies in relation to a referral to a
23
Committee made on or after that commencement, whether the services
24
to which the referral relates are rendered or initiated before, on or after
25
that commencement.
26
(6)
Sections 103, 103A, 104, 104A and 105AA of the
Health Insurance Act
27
1973
, as in force on and after the commencement of this item, apply in
28
relation to a notice given under section 102 of that Act on or after that
29
commencement, whether the referral under subsection 93(1) of that Act
30
is made before, on or after that commencement.
31
(7)
Section 106U of the
Health Insurance Act 1973
, as in force on and after
32
the commencement of this item, applies in relation to the making of:
33
(a) a draft determination under section 106T of that Act on or
34
after that commencement; or
35
Amendments
Schedule 1
Professional services review scheme
Part 1
No. , 2022
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
17
(b) a final determination under section 106TA of that Act on or
1
after that commencement if the relevant draft determination
2
is made under section 106T of that Act on or after that
3
commencement;
4
whether the referral under subsection 93(1) of that Act is made before,
5
on or after that commencement.
6
(8)
Subsection 106ZPA(2) of the
Health Insurance Act 1973
, as in force on
7
and after the commencement of this item, applies in relation to an
8
agreement entered into under section 92 of that Act on or after that
9
commencement, whether:
10
(a) the request under subsection 86(1) of that Act is made; or
11
(b) the services to which the agreement relates are rendered or
12
initiated;
13
before, on or after that commencement.
14
(9)
Sections 106ZPN and 106ZPNA of the
Health Insurance Act 1973
, as
15
in force on and after the commencement of this item, apply in relation
16
to a requirement under subsection 89B(2) or 105A(2) of that Act that is
17
made by a notice given on or after that commencement, whether the
18
request under subsection 86(1), or the referral under subsection 93(1),
19
of that Act is made before, on or after that commencement.
20
(10)
Section 106ZPR of the
Health Insurance Act 1973
, as in force on and
21
after the commencement of this item, applies in relation to:
22
(a) an agreement entered into under section 92 of that Act on or
23
after that commencement; or
24
(b) a final determination under section 106TA of that Act that
25
comes into effect on or after that commencement.
26
49 Transitional provisions
--entering into section 92
27
agreements with persons under review (other than
28
practitioners) referred to Committee in 18 months
29
before commencement
30
(1)
This item applies in relation to a person under review (other than a
31
practitioner) in respect of whom a referral has been made to a
32
Committee under section 93 of the
Health Insurance Act 1973
in the 18
33
months ending immediately before the commencement of this item.
34
Schedule 1
Amendments
Part 1
Professional services review scheme
18
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
No. , 2022
(2)
If the Director is of the opinion that it would be desirable to enter into
1
an agreement under section 92 of the amended Act, the Director may, at
2
any time in the 6 months starting on that commencement, notify the
3
Committee of the Director's opinion.
4
(3)
The Committee must as soon as practicable (and in any event within 7
5
days) after receiving the notice decide:
6
(a) unless paragraph (b) applies--to suspend its consideration of
7
the referral; or
8
(b) if the Committee has given the person under review a copy of
9
a draft report under subsection 106KD(3), or a final report
10
under subsection 106KE(1), of the amended Act--to refuse
11
to suspend its consideration of the referral.
12
Note:
A suspension made in accordance with paragraph (a) ends at the time determined in
13
accordance with subitem (9).
14
(4)
The Committee must give written notice of the decision and, for a
15
decision under paragraph (3)(a), the day the decision is made (the
16
suspension day
), to the following as soon as practicable (and in any
17
event within 7 days) after the decision is made:
18
(a) the Director;
19
(b) for a decision under paragraph (3)(a)--the person under
20
review.
21
(5)
If the Committee suspends its consideration of the referral under
22
paragraph (3)(a), the Director may enter into an agreement under
23
section 92 of the amended Act with the person under review in respect
24
of any or all of the referred services.
25
(6)
However, an agreement entered into in accordance with subitem (5)
26
cannot be ratified by the Determining Authority later than 6 months
27
after the suspension day.
28
(7)
If the Director enters into an agreement with the person under review in
29
accordance with subitem (5), then:
30
(a) if the Determining Authority ratifies the agreement--
31
Division 4 of Part VAA of the amended Act ceases to have
32
effect in relation to the Committee; and
33
(b) if the Determining Authority refuses to ratify the
34
agreement--section 92A of the amended Act does not apply
35
in relation to the refusal.
36
Amendments
Schedule 1
Professional services review scheme
Part 1
No. , 2022
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
19
(8)
The Director must give the Committee written notice of the occurrence
1
of either of the following events as soon as practicable (and in any event
2
within 7 days) after the event occurs:
3
(a) the Determining Authority ratifies an agreement entered into
4
with the person under review in accordance with subitem (5);
5
(b) the Director becomes of the opinion that it is no longer
6
desirable, or that it will not be possible, to enter into such an
7
agreement with the person under review.
8
(9)
The suspension of the Committee's consideration of the referral ends at
9
the earlier of the following times:
10
(a) the end of 6 months starting on the suspension day;
11
(b) the time the Committee receives a notice under subitem (8) in
12
relation to the person under review.
13
(10)
The period of 6 months referred to in paragraph 106G(2)(a) of the
14
amended Act is extended by a period equal to the period that:
15
(a) begins on the suspension day; and
16
(b) ends on the day the suspension ends.
17
(11)
In this item:
18
amended Act
means the
Health Insurance Act 1973
, as amended by this
19
Part.
20
Schedule 1
Amendments
Part 2
Review of certain debt-recovery decisions
20
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
No. , 2022
Part 2--Review of certain debt-recovery decisions
1
Dental Benefits Act 2008
2
50 Subsections 56D(8) and (9)
3
Repeal the subsections, substitute:
4
(8) An application under subsection (7) may be made only if:
5
(a) the applicant has been given notice of the reconsidered
6
decision under subsection (5); and
7
(b) one or more garnishee notices have been given under
8
subsection 58AA(2) in relation to the debt to which the
9
reconsidered decision relates.
10
(9) Despite paragraph 29(1)(d) of the
Administrative Appeals Tribunal
11
Act 1975
, an application under subsection (7) of this section must
12
be made within the period of 28 days after the day the first
13
garnishee notice is given.
14
51 Subsections 56G(3) to (5)
15
Repeal the subsections, substitute:
16
Review of decisions
17
(3) Applications may be made to the Administrative Appeals Tribunal
18
for review of assessments by the Chief Executive Medicare of
19
liability to pay administrative penalties for which notice has been
20
given under subsection (1).
21
(4) An application under subsection (3) may be made by a person, or a
22
person's estate, only if:
23
(a) the person or estate has been given a notice under
24
subsection (1) that the person is liable for an administrative
25
penalty; and
26
(b) the decision to claim the debt to which the administrative
27
penalty relates is a reconsidered decision under
28
subsection 56D(5); and
29
(c) one or more garnishee notices have been given under
30
subsection 58AA(2) in relation to that debt.
31
Amendments
Schedule 1
Review of certain debt-recovery decisions
Part 2
No. , 2022
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
21
(5) Despite paragraph 29(1)(d) of the
Administrative Appeals Tribunal
1
Act 1975
, an application under subsection (3) of this section must
2
be made within the period of 28 days after the day the first
3
garnishee notice is given.
4
Health Insurance Act 1973
5
52 Subsections 129AAJ(8) and (9)
6
Repeal the subsections, substitute:
7
(8) An application under subsection (7) may be made only if:
8
(a) the applicant has been given notice of the reconsidered
9
decision under subsection (5); and
10
(b) one or more garnishee notices have been given under
11
subsection 129AEG(1) in relation to the debt to which the
12
reconsidered decision relates.
13
(9) Despite paragraph 29(1)(d) of the
Administrative Appeals Tribunal
14
Act 1975
, an application under subsection (7) of this section must
15
be made within the period of 28 days after the day the first
16
garnishee notice is given.
17
53 Subsections 129ACB(8) and (9)
18
Repeal the subsections, substitute:
19
(8) An application under subsection (7) may be made only if:
20
(a) the applicant has been given notice of the reconsidered
21
decision under subsection (6); and
22
(b) one or more garnishee notices have been given under
23
subsection 129AEG(1) in relation to the debt to which the
24
reconsidered decision relates.
25
(9) Despite paragraph 29(1)(d) of the
Administrative Appeals Tribunal
26
Act 1975
, an application under subsection (7) of this section must
27
be made within the period of 28 days after the day the first
28
garnishee notice is given.
29
54 Subsections 129AEC(2) to (4)
30
Repeal the subsections, substitute:
31
Schedule 1
Amendments
Part 2
Review of certain debt-recovery decisions
22
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
No. , 2022
Review of decisions
1
(2) Applications may be made to the Administrative Appeals Tribunal
2
for review of assessments by the CEO of liability to administrative
3
penalties for which notice has been given under subsection (1).
4
(3) An application under subsection (2) may be made by a person, or a
5
person's estate, only if:
6
(a) the person or estate has been given a notice under
7
subsection (1) that the person is liable for an administrative
8
penalty; and
9
(b) the decision to claim the debt to which the administrative
10
penalty relates is a reconsidered decision under
11
subsection 129AAJ(5) or 129ACB(6); and
12
(c) one or more garnishee notices have been given under
13
subsection 129AEG(1) in relation to that debt.
14
(4) Despite paragraph 29(1)(d) of the
Administrative Appeals Tribunal
15
Act 1975
, an application under subsection (2) of this section must
16
be made within the period of 28 days after the day the first
17
garnishee notice is given.
18
National Health Act 1953
19
55 Subsections 99ABD(8) to (10)
20
Repeal the subsections, substitute:
21
(8) Applications may be made to the Administrative Appeals Tribunal
22
for review of reconsidered decisions.
23
(9) An application under subsection (8) may be made only if:
24
(a) the applicant has been given notice of the reconsidered
25
decision under subsection (6); and
26
(b) one or more garnishee notices have been given under
27
subsection 99ABJ(2) in relation to the debt to which the
28
reconsidered decision relates.
29
(10) Despite paragraph 29(1)(d) of the
Administrative Appeals Tribunal
30
Act 1975
, an application under subsection (8) of this section must
31
be made within the period of 28 days after the day the first
32
garnishee notice is given.
33
Amendments
Schedule 1
Review of certain debt-recovery decisions
Part 2
No. , 2022
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
23
56 Subsections 99ABG(4) to (6)
1
Repeal the subsections, substitute:
2
Review of decisions
3
(4) Applications may be made to the Administrative Appeals Tribunal
4
for review of assessment by the Secretary of liability to
5
administrative penalties for which notice has been given under
6
subsection (1).
7
(5) An application under subsection (4) may be made by a person, or a
8
person's estate, only if:
9
(a) the person or estate has been given a notice under
10
subsection (1) that the person is liable for an administrative
11
penalty; and
12
(b) the decision to claim the debt to which the administrative
13
penalty relates is a reconsidered decision under
14
subsection 99ABD(6); and
15
(c) one or more garnishee notices have been given under
16
subsection 99ABJ(2) in relation to the debt.
17
(6) Despite paragraph 29(1)(d) of the
Administrative Appeals Tribunal
18
Act 1975
, an application under subsection (4) of this section must
19
be made within the period of 28 days after the day the first
20
garnishee notice is given.
21
57 Application provisions
22
Review of decisions
--claiming debts and shared debt
23
determinations
24
(1)
The following provisions, as in force on and after the commencement of
25
this item, apply in relation to the making of an application, on or after
26
that commencement, to the Administrative Appeals Tribunal for review
27
of a reconsidered decision:
28
(a) subsections 56D(8) and (9) of the
Dental Benefits Act 2008
;
29
(b) subsections 129AAJ(8) and (9) and 129ACB(8) and (9) of
30
the
Health Insurance Act 1973
;
31
(c) subsections 99ABD(8), (9) and (10) of the
National Health
32
Act 1953
.
33
Schedule 1
Amendments
Part 2
Review of certain debt-recovery decisions
24
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
No. , 2022
(2)
Subitem (1) applies whether the debt to which the reconsidered decision
1
relates becomes due to the Commonwealth, or the reconsidered decision
2
is made, before, on or after that commencement.
3
Review of decisions
--administrative penalty assessments
4
(3)
The following provisions, as in force on and after the commencement of
5
this item, apply in relation to the making of an application, on or after
6
that commencement, to the Administrative Appeals Tribunal for review
7
of an assessment of liability to an administrative penalty:
8
(a) subsections 56G(3), (4) and (5) of the
Dental Benefits Act
9
2008
;
10
(b) subsections 129AEC(2), (3) and (4) of the
Health Insurance
11
Act 1973
;
12
(c) subsections 99ABG(4), (5) and (6) of the
National Health
13
Act 1953
.
14
(4)
Subitem (3) applies whether the following occur before, on or after that
15
commencement:
16
(a) the debt that gives rise to the administrative penalty becomes
17
due to the Commonwealth;
18
(b) the person becomes liable to the administrative penalty;
19
(c) the assessment of liability to an administrative penalty is
20
made.
21
Amendments
Schedule 1
Miscellaneous debt-recovery amendments
Part 3
No. , 2022
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
25
Part 3--Miscellaneous debt-recovery amendments
1
Dental Benefits Act 2008
2
58 Subsection 56G(1)
3
After "liable for an administrative penalty,", insert "or the person's
4
estate,".
5
59 Before subsection 56H(1)
6
Insert:
7
(1A) This section applies in relation to an amount (a
recoverable
8
amount
) that is recoverable from a person, or from the estate of a
9
person, as a debt due to the Commonwealth if the amount is one of
10
the following:
11
(a) an amount for which notice has been served as mentioned in
12
subsection 56C(4);
13
(b) an amount of interest under subsection 57(5).
14
60 Subsection 56H(1)
15
Omit "a person who owes a debt to the Commonwealth for which
16
notice has been served as mentioned in subsection 56C(4), require the
17
person", substitute "the person or estate, require the person or estate".
18
61 Paragraph 56H(1)(a)
19
Omit "person's financial situation", substitute "financial situation of the
20
person or estate".
21
62 Paragraph 56H(1)(b)
22
Omit "in the person's custody or under the person's control and is
23
relevant to the person's financial situation", substitute "in the custody or
24
under the control of the person or estate and is relevant to the financial
25
situation of the person or estate".
26
63 Subsections 56H(2) and (3)
27
Repeal the subsections, substitute:
28
Schedule 1
Amendments
Part 3
Miscellaneous debt-recovery amendments
26
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
No. , 2022
(2) The person must notify the Chief Executive Medicare, of an
1
address for the purposes of giving the person documents relating to
2
the debt, within 14 days after:
3
(a) if paragraph (1A)(a) applies--notice is served as mentioned
4
in subsection 56C(4); or
5
(b) if paragraph (1A)(b) applies--the end of the relevant period
6
mentioned in subsection 57(2).
7
Civil penalty:
8
(a) for an individual--20 penalty units; and
9
(b) for a body corporate--100 penalty units.
10
(3) If the address of the person changes after notifying the address
11
under subsection (2) or this subsection, the person must notify the
12
Chief Executive Medicare of the change within 14 days after the
13
change.
14
Civil penalty:
15
(a) for an individual--20 penalty units; and
16
(b) for a body corporate--100 penalty units.
17
64 Paragraph 56H(4)(a)
18
Omit "another person (the
debtor
) who owes a debt to the
19
Commonwealth for which notice has been served as mentioned in
20
subsection 56C(4)", substitute "another person or estate (the
debtor
)
21
from which a recoverable amount is recoverable".
22
65 Paragraphs 56H(5)(a) and (b)
23
After "person", insert "or estate".
24
66 Subsection 58(1)
25
After "a person", insert ", or the estate of a person,".
26
67 Paragraph 58(1)(b)
27
After "person", insert "or from the estate of the person".
28
68 Paragraphs 58(1)(b) and 58(4)(b)
29
After "or 56A", insert "or subsection 57(5)".
30
Amendments
Schedule 1
Miscellaneous debt-recovery amendments
Part 3
No. , 2022
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
27
69 Paragraph 58AA(1)(a)
1
Omit "56(2) or", substitute "56(2),".
2
70 Paragraph 58AA(1)(a)
3
After "(8)", insert "or 57(5)".
4
Health Insurance Act 1973
5
71 Paragraph 129ACA(2)(a)
6
Omit "primary debtor and the secondary debtor", substitute "primary
7
debtor (or estate) and the secondary debtor (or estate)".
8
72 Subsection 129ACA(8)
9
After "person who", insert ", or estate that,".
10
73 Paragraphs 129ACA(8)(a) and (b)
11
After "person", insert "or estate".
12
74 Paragraph 129ACA(10)(a)
13
After "person", insert "or estate".
14
75 Subsection 129ACB(6)
15
After "person", insert "or estate".
16
76 Paragraphs 129AEA(4)(b) and (c)
17
Repeal the paragraphs, substitute:
18
(b) a notice has been served on the person (as mentioned in
19
subsection 129ACA(5)) in respect of the service; and
20
(c) if the determination relates to one or more other professional
21
services--the person is the primary debtor or secondary
22
debtor for any other professional service to which the
23
determination relates; and
24
(d) the sum of the recoverable amounts for the particular
25
professional service, and any other professional service to
26
which the determination relates, is more than:
27
(i) $2,500; or
28
Schedule 1
Amendments
Part 3
Miscellaneous debt-recovery amendments
28
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
No. , 2022
(ii) if a higher amount is prescribed by the regulations--that
1
higher amount.
2
77 Subsection 129AEC(1)
3
After "liable to an administrative penalty,", insert "or the person's
4
estate,".
5
78 Before subsection 129AECA(1)
6
Insert:
7
(1A) This section applies in relation to an amount (a
recoverable
8
amount
) that is recoverable from a person, or from the estate of a
9
person, as a debt due to the Commonwealth if the amount is one of
10
the following:
11
(a) an unpaid amount under paragraph 92(4)(e) or (f) in relation
12
to an agreement under subsection 92(1);
13
(b) an amount for which notice has been served as mentioned in
14
subsection 129AAI(4) or 129ACA(5);
15
(c) an amount for which notice has been given as mentioned in
16
subsection 129AC(1G);
17
(d) an amount of interest under subsection 129AC(2);
18
(e) an amount under section 129AD where the Commonwealth is
19
the payee.
20
79 Subsection 129AECA(1)
21
Omit "a person or estate who owes a debt to the Commonwealth for
22
which notice has been served as mentioned in subsection 129AAI(4) or
23
129ACA(5)", substitute "the person or estate".
24
80 Paragraph 129AECA(1)(a)
25
Omit "person's financial situation", substitute "financial situation of the
26
person or estate".
27
81 Paragraph 129AECA(1)(b)
28
Omit "in the person's custody or under the person's control and is
29
relevant to the person's financial situation", substitute "in the custody or
30
under the control of the person or estate and is relevant to the financial
31
situation of the person or estate".
32
Amendments
Schedule 1
Miscellaneous debt-recovery amendments
Part 3
No. , 2022
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
29
82 Subsections 129AECA(2) and (3)
1
Repeal the subsections, substitute:
2
(2) The person must notify the CEO, or a Departmental employee
3
(within the meaning of the
Human Services (Medicare) Act 1973
),
4
of an address for the purposes of giving the person documents
5
relating to the debt, within 14 days after the day:
6
(a) if paragraph (1A)(a) applies--notice is given as mentioned in
7
subsection 106R(3) of the Determining Authority's
8
ratification of the agreement; or
9
(b) if paragraph (1A)(b) applies--notice is served as mentioned
10
in subsection 129AAI(4) or 129ACA(5); or
11
(c) if paragraph (1A)(c) applies--the amount mentioned in that
12
paragraph becomes due for payment; or
13
(d) if paragraph (1A)(d) applies--the end of the relevant period
14
mentioned in subsection 129AC(2); or
15
(e) if paragraph (1A)(e) applies--the determination mentioned in
16
section 129AD takes effect.
17
Civil penalty:
18
(a) for an individual--20 penalty units; and
19
(b) for a body corporate--100 penalty units.
20
(3) If the address of the person changes after notifying the address
21
under subsection (2) or this subsection, the person must notify the
22
CEO, or a Departmental employee (within the meaning of the
23
Human Services (Medicare) Act 1973
), of the change within 14
24
days after the change.
25
Civil penalty:
26
(a) for an individual--20 penalty units; and
27
(b) for a body corporate--100 penalty units.
28
83 Paragraph 129AECA(4)(a)
29
Omit "another person (the
debtor
) who owes a debt due to the
30
Commonwealth for which notice has been served as mentioned in
31
subsection 129AAI(4) or 129ACA(5)", substitute "another person or
32
estate (the
debtor
) from which a recoverable amount is recoverable".
33
Schedule 1
Amendments
Part 3
Miscellaneous debt-recovery amendments
30
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
No. , 2022
84 Paragraphs 129AECA(5)(a) and (b)
1
After "person", insert "or estate".
2
85 Paragraphs 129AEF(1)(aaa) to (aa)
3
Repeal the paragraphs, substitute:
4
(a) an unpaid amount under paragraph 92(4)(e) or (f);
5
(aa) an amount under subsection 129AC(1), (1A), (1C), (1E) or
6
(1G) where:
7
(i) any rights of review by the Chief Executive Medicare
8
(the
CEO
) under section 129AAJ have been exhausted
9
or have expired; and
10
(ii) the 3 month period referred to in
11
subparagraph 129AC(2)(c)(i) has expired;
12
(ab) an amount of interest under subsection 129AC(2);
13
(ac) an amount under paragraph 129ACA(3)(b) or (c) where any
14
rights of review by the CEO under section 129ACB have
15
been exhausted or have expired;
16
86 Subsection 129AEG(1)
17
After "(aa)", insert ", (ab), (ac)".
18
87 After subsection 129AEG(1)
19
Insert:
20
(1A) However, subsection (1) applies in relation to a recoverable
21
amount referred to in paragraph 129AEF(1)(a) that relates to an
22
agreement entered into with the debtor under section 92 only if:
23
(a) both:
24
(i) an arrangement for the payment of the recoverable
25
amount has been entered into between the CEO and the
26
debtor or the estate within the relevant period mentioned
27
in subsection (1B); and
28
(ii) there is a default (whether before or after the end of the
29
relevant period) in the payment of all or part of the
30
recoverable amount as required by the arrangement; or
31
(b) at the end of the relevant period, such an arrangement has not
32
been entered into and all or part of the recoverable amount
33
remains unpaid.
34
Amendments
Schedule 1
Miscellaneous debt-recovery amendments
Part 3
No. , 2022
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
31
(1B) For the purposes of subsection (1A), the
relevant period
is:
1
(a) the period of 3 months beginning on the day the agreement
2
under section 92 takes effect; or
3
(b) such longer period as the CEO allows.
4
National Health Act 1953
5
88 Subsection 99ABG(1)
6
After "liable for an administrative penalty,", insert "or the person's
7
estate,".
8
89 Before subsection 99ABH(1)
9
Insert:
10
(1A) This section applies in relation to an amount (a
recoverable
11
amount
) that is recoverable from a person, or from the estate of a
12
person, as a debt due to the Commonwealth if the amount is one of
13
the following:
14
(a) an amount for which notice has been served as mentioned in
15
subsection 99ABC(4);
16
(b) an amount for which notice has been given as mentioned in
17
subsection 99ABG(3).
18
90 Subsection 99ABH(1)
19
Omit "a person who owes a debt to the Commonwealth for which
20
notice has been served as mentioned in subsection 99ABC(4), require
21
the person", substitute "the person or estate, require the person or
22
estate".
23
91 Paragraph 99ABH(1)(a)
24
Omit "person's financial situation", substitute "financial situation of the
25
person or estate".
26
92 Paragraph 99ABH(1)(b)
27
Omit "in the person's custody or under the person's control and is
28
relevant to the person's financial situation", substitute "in the custody or
29
under the control of the person or estate and is relevant to the financial
30
situation of the person or estate".
31
Schedule 1
Amendments
Part 3
Miscellaneous debt-recovery amendments
32
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
No. , 2022
93 Subsections 99ABH(2) and (3)
1
Repeal the subsections, substitute:
2
(2) The person must notify the Secretary of an address for the purposes
3
of giving the person documents relating to the debt, within 14 days
4
after the day:
5
(a) if paragraph (1A)(a) applies--notice is served as mentioned
6
in subsection 99ABC(4); or
7
(b) if paragraph (1A)(b) applies--the amount becomes due for
8
payment.
9
Civil penalty:
10
(a) for an individual--20 penalty units; and
11
(b) for a body corporate--100 penalty units.
12
(3) If the address of the person changes after notifying the address
13
under subsection (2) or this subsection, the person must notify the
14
Secretary of the change within 14 days after the change.
15
Civil penalty:
16
(a) for an individual--20 penalty units; and
17
(b) for a body corporate--100 penalty units.
18
94 Paragraph 99ABH(4)(a)
19
Omit "another person (the
debtor
) who owes a debt to the
20
Commonwealth for which notice has been served as mentioned in
21
subsection 99ABC(4)", substitute "another person or estate (the
debtor
)
22
from which a recoverable amount is recoverable".
23
95 Paragraphs 99ABH(5)(a) and (b)
24
After "the person", insert "or estate".
25
96 Paragraph 99ABL(1)(a)
26
After "a person", insert ", or the estate of a person,".
27
Amendments
Schedule 1
Miscellaneous debt-recovery amendments
Part 3
No. , 2022
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
33
97 Application provisions
1
Giving notice of administrative penalty assessments to estates
2
(1)
The following provisions, as in force on and after the commencement of
3
this item, apply in relation to an assessment of a person's liability to pay
4
an administrative penalty that is made on or after that commencement:
5
(a) subsection 56G(1) of the
Dental Benefits Act 2008
;
6
(b) subsection 129AEC(1) of the
Health Insurance Act 1973
;
7
(c) subsection 99ABG(1) of the
National Health Act 1953
.
8
(2)
Subitem (1) applies whether the service was initiated or rendered, or the
9
pharmaceutical benefit was supplied (or purportedly supplied), before,
10
on or after that commencement.
11
Obtaining information relating to debts
12
(3)
Subject to subitem (5), the following provisions, as in force on and after
13
the commencement of this item, apply in relation to an amount that is
14
recoverable on or after that commencement:
15
(a) section 56H of the
Dental Benefits Act 2008
;
16
(b) section 129AECA of the
Health Insurance Act 1973
;
17
(c) section 99ABH of the
National Health Act 1953
.
18
(4)
Subitem (3) applies whether the relevant debt becomes due to the
19
Commonwealth before, on or after that commencement (including
20
before the commencement of the provision referred to in
21
paragraph (3)(a), (b) or (c)).
22
(5)
The following provisions, as in force on and after the commencement of
23
this item:
24
(a) subsection 56H(2) of the
Dental Benefits Act 2008
;
25
(b) subsection 129AECA(2) of the
Health Insurance Act 1973
;
26
(c) subsection 99ABH(2) of the
National Health Act 1953
;
27
apply where the event after which the notice must be given as
28
mentioned in that provision occurs on or after that commencement.
29
Set-off and garnishee provisions
30
(6)
The following provisions, as in force on and after the commencement of
31
this item:
32
Schedule 1
Amendments
Part 3
Miscellaneous debt-recovery amendments
34
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
No. , 2022
(a) sections 58 and 58AA of the
Dental Benefits Act 2008
;
1
(b) sections 129AEF and 129AEG of the
Health Insurance Act
2
1973
;
3
(c) section 99ABL of the
National Health Act 1953
;
4
apply in relation to an amount that is recoverable on or after that
5
commencement.
6
(7)
Subitem (6) applies whether the relevant debt becomes due to the
7
Commonwealth before, on or after that commencement (including
8
before the commencement of a provision referred to in paragraph (6)(a),
9
(b) or (c)).
10
Giving notice of certain shared debt determination decisions to
11
estates
12
(8)
Section 129ACA of the
Health Insurance Act 1973
, as in force on and
13
after the commencement of this item, applies in relation to the making
14
of a determination on or after that commencement, whether the amount
15
paid purportedly by way of benefit was paid before, on or after that
16
commencement.
17
(9)
Subsection 129ACB(6) of the
Health Insurance Act 1973
, as in force on
18
and after the commencement of this item, applies in relation to
19
applications made under subsection 129ACB(1) of that Act on or after
20
that commencement, whether the debt to which the reconsidered
21
decision relates becomes recoverable as a debt due to the
22
Commonwealth before, on or after that commencement.
23
Shared debt determinations
--liability for administrative penalty
24
(10)
Subsection 129AEA(4) of the
Health Insurance Act 1973
, as in force on
25
and after the commencement of this item, applies in relation to a
26
determination made under subsection 129ACA(2) of that Act on or after
27
that commencement, whether the amount paid purportedly by way of
28
benefit was paid before, on or after that commencement.
29
Amendments
Schedule 1
False or misleading information
Part 4
No. , 2022
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
35
Part 4--False or misleading information
1
Dental Benefits Act 2008
2
98 Section 56 (heading)
3
Omit "
false or misleading statements
", substitute "
false or
4
misleading information
".
5
99 Paragraph 56(1)(b)
6
Omit "making of a false or misleading statement", substitute "giving of
7
false or misleading information".
8
100 Paragraphs 56(2)(a) and (3)(a)
9
Omit "statement was made", substitute "information was given".
10
101 Paragraph 56(3)(b)
11
Omit "making of the statement", substitute "giving of the information".
12
102 At the end of section 56
13
Add:
14
Form of information is immaterial
15
(4) For the purposes of this section, it is immaterial whether the false
16
or misleading information is given:
17
(a) in a document; or
18
(b) in a statement; or
19
(c) in any other form.
20
National Health Act 1953
21
103 Section 99ABA (heading)
22
Omit "
false or misleading statements
", substitute "
false or
23
misleading information
".
24
Schedule 1
Amendments
Part 4
False or misleading information
36
Health Legislation Amendment (Medicare Compliance and Other
Measures) Bill 2022
No. , 2022
104 Subsection 99ABA(1)
1
Omit "making of a false or misleading statement", substitute "giving of
2
false or misleading information".
3
105 Paragraph 99ABA(2)(a)
4
Omit "statement was made", substitute "information was given".
5
106 Paragraph 99ABA(3)(b)
6
Omit "making of the statement", substitute "giving of the information".
7
107 At the end of section 99ABA
8
Add:
9
(4) For the purposes of this section, it is immaterial whether the false
10
or misleading information is given:
11
(a) in a document; or
12
(b) in a statement; or
13
(c) in any other form.
14
108 Application provisions
15
(1)
The amendments of section 56 of the
Dental Benefits Act 2008
made by
16
this Part apply in relation to an amount paid before, on or after the
17
commencement of this item.
18
(2)
The amendments of section 99ABA of the
National Health Act 1953
19
made by this Part apply in relation to information given in relation to an
20
amount on or after 1 July 2018.
21
(3)
However, the amendments referred to in subitems (1) and (2) do not
22
affect rights or liabilities arising between parties to proceedings:
23
(a) in which judgment is reserved by a court on or before the
24
commencement of this item; or
25
(b) which have been heard and finally determined by a court on
26
or before the commencement of this item;
27
to the extent that those rights or liabilities arose from, or were affected
28
by, the application of the relevant provision referred to in subitem (1) or
29
(2), as in force before the commencement of this item.
30