33DTime within which notice of past benefits must be given

#### 33D Time within which notice of past benefits must be given (1) Subject to subsections (2) and (3), the notice under section 33C must be given within 3 months after: (a) the Chief Executive Medicare receives notice under section 23 indicating that the compensation payer or insurer intends to make an advance payment; or (b) the advance payment is made; whichever is the later. (2) If the Chief Executive Medicare gives a notice under subsection 23B(1) to the compensable person, the notice under section 33C need not be given until: (a) the end of the 3 month period referred to in subsection (1); or (b) the end of the period of 28 days after the Chief Executive Medicare accepts an amended statement under section 23B as being substantially correct; whichever is the later. (3) If: (a) the Chief Executive Medicare has not given a notice under subsection 23B(1) to the compensable person; and (b) the period for giving a statement under section 18 has been extended under subsection 18(3); and (c) the date of expiry of the period of the extension is after the end of the 3 month period referred to in subsection (1); the notice under section 33C must be given within 28 days after that date of expiry.