56ARecovery of amounts paid: notices to produce documents and administrative penalties

#### 56A Recovery of amounts paid: notices to produce documents and administrative penalties Failure to produce document: notice to person referred to in paragraph 32C(1)(a) (1) If: (a) a person referred to in paragraph 32C(1)(a) is required, by a notice given under section 32C, to produce a document, extract or copy in respect of a dental service; and (b) the person does not comply with the requirement within the period specified in the notice; the amount paid, purportedly by way of dental benefit, in respect of the service, is recoverable as a debt due to the Commonwealth from the person, or the estate of the person. (2) Subsection (1) does not apply if the person concerned satisfies the Chief Executive Medicare that the person’s non‑compliance is due to circumstances beyond the person’s control. > Note: See section 56D for review of decisions. Amount not properly substantiated: notice to person referred to in paragraph 32C(1)(a) (3) If: (a) a person referred to in paragraph 32C(1)(a) is required, by a notice given under section 32C, to produce a document, extract or copy in respect of a dental service; and (b) the person complies with the requirement within the period specified in the notice; and (c) the information contained in the document, extract or copy does not properly substantiate (wholly or partly) that the amount paid, purportedly by way of dental benefit, in respect of the service, should have been paid; then, to the extent that the amount is not properly substantiated, the amount is recoverable as a debt due to the Commonwealth from the person, or the estate of the person. (4) Subsection (3) does not apply if the person concerned satisfies the Chief Executive Medicare that the reason that the information contained in the document, extract or copy does not properly substantiate the amount is due to circumstances beyond the person’s control. > Note: See section 56D for review of decisions. Amount not properly substantiated: notice to person referred to in paragraph 32C(1)(b) (5) If: (a) a person (the notice recipient) referred to in paragraph 32C(1)(b) is required, by a notice given under section 32C, to produce a document, extract or copy in respect of a dental service; and (b) the notice recipient complies with the requirement within the period specified in the notice; and (c) the information contained in the document, extract or copy does not properly substantiate (wholly or partly) that the amount paid, purportedly by way of dental benefit, in respect of the service, should have been paid; then, to the extent that the amount is not properly substantiated, the amount is recoverable as a debt due to the Commonwealth from: (d) the person who rendered the service, or on whose behalf the service was rendered; or (e) the estate of that person. (6) Subsection (5) does not apply if the person from whom the amount concerned is recoverable satisfies the Chief Executive Medicare that the reason that the information contained in the document, extract or copy does not properly substantiate the amount is due to circumstances beyond the control of the person and the notice recipient. > Note: See section 56D for review of decisions. Amount is recoverable from a person under this section whether or not the amount was paid to that person (7) An amount is recoverable from a person as mentioned in subsection (1), (3) or (5) whether or not the amount was paid to that person. Administrative penalties (8) If: (a) a person is given a notice under subsection 56G(1) of the person’s liability to pay an administrative penalty; and (b) the person does not pay the penalty by the day set out in the notice as the day by which the penalty becomes due for payment; the amount set out in the notice is recoverable as a debt due to the Commonwealth from the person or the estate of the person.