Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 13

             (1)  This section applies if the Secretary or Chief Executive Medicare (the official ) believes, on reasonable grounds, that a person is capable of giving information that is relevant to deciding:

                     (a)  whether a contribution is payable to a person under the Continence Aids Payment Scheme; or

                     (b)  the amount of a contribution that is payable to a person under the Continence Aids Payment Scheme.

             (2)  The official may request the person to give the information to the official.

             (3)  The request:

                     (a)  must be made in writing; and

                     (b)  must state what information must be given to the official; and

                     (c)  may require the information to be verified by statutory declaration; and

                     (d)  must specify a day on or before which the information must be given, which day must be at least 28 days after the day on which the request is made; and

                     (e)  must contain a statement to the effect that a failure to comply with the request is an offence.

             (4)  The person commits an offence if the person fails to comply with the request.

Penalty:  30 penalty units.

             (5)  However, an individual is excused from complying with the request if the giving of the information might tend to:

                     (a)  incriminate the individual; or

                     (b)  expose the individual to a penalty.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3) of the Criminal Code .

             (6)  An offence against subsection (4) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code .