56HPower to obtain information relating to a debt

#### 56H Power to obtain information relating to a debt (1A) This section applies in relation to an amount (a recoverable amount) that is recoverable from a person, or from the estate of a person, as a debt due to the Commonwealth if the amount is one of the following: (a) an amount for which notice has been served as mentioned in subsection 56C(4); (b) an amount of interest under subsection 57(5). (1) The Chief Executive Medicare may, by written notice given to the person or estate, require the person or estate to do either or both of the following: (a) give to the Chief Executive Medicare, or a Human Services employee, information in writing that is relevant to the financial situation of the person or estate; (b) produce to the Chief Executive Medicare, or a Human Services employee, a document that is in the custody or under the control of the person or estate and is relevant to the financial situation of the person or estate. (2) The person must notify the Chief Executive Medicare, of an address for the purposes of giving the person documents relating to the debt, within 14 days after: (a) if paragraph (1A)(a) applies—notice is served as mentioned in subsection 56C(4); or (b) if paragraph (1A)(b) applies—the end of the relevant period mentioned in subsection 57(2). Civil penalty: (a) for an individual—20 penalty units; and (b) for a body corporate—100 penalty units. (3) If the address of the person changes after notifying the address under subsection (2) or this subsection, the person must notify the Chief Executive Medicare of the change within 14 days after the change. Civil penalty: (a) for an individual—20 penalty units; and (b) for a body corporate—100 penalty units. (4) If the Chief Executive Medicare reasonably believes that a person may have information or a document: (a) that would help the Chief Executive Medicare locate another person or estate (the debtor) from which a recoverable amount is recoverable; or (b) that is relevant to the debtor’s financial situation; the Chief Executive Medicare may, by written notice given to the person, require the person to give the information in writing, or produce the document, to the Chief Executive Medicare or a Human Services employee. (5) A notice under subsection (1) or (4) must specify the following: (a) how the person or estate is to give the information in writing or produce the document; (b) the period (which must be at least 14 days after the day the notice is given) within which the person or estate is to give the information in writing or produce the document; (c) that the notice is given under subsection (1) or (4) (as the case requires). (6) A person contravenes this subsection if: (a) the person is given a notice under subsection (1) or (4) requiring the person to give information or produce a document; and (b) the person fails to comply with the requirement within the period specified in the notice. Civil penalty: (a) for an individual—20 penalty units; and (b) for a body corporate—100 penalty units. (7) Part VIA of the Health Insurance Act 1973 applies in relation to this section as if subsections (2), (3) and (6) of this section were civil penalty provisions as defined in section 125B of that Act. > Note: Part VIA of the Health Insurance Act 1973 provides a regime for the obtaining of orders for a civil penalty. (8) Subsection (2), (3) or (6) does not apply if the person has a reasonable excuse. > Note: A person who wishes to rely on subsection (8) in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection (see section 130H of the Health Insurance Act 1973).