Human Services (Medicare) Regulations 2017
35BIdentification numbers—suspending allocations
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35B Identification numbers—suspending allocations
Suspension—mandatory rule (1) Subject to subsection (2), if: (a) a person has been allocated an identification number for a place of practice; and (b) the person has requested, in writing, that the Chief Executive Medicare suspend the allocation; then the Chief Executive Medicare must suspend the allocation, with effect from: (c) if the person’s request specified a day from which the allocation should be suspended, and that day is after the day on which the request was made—the day specified in the request; and (d) otherwise—the day on which the request was made. Suspension—discretions (2) If: (a) a person has been allocated an identification number for a place of practice; and (b) the person is ineligible for benefits at the place of practice on the decision day for suspending the allocation; then the Chief Executive Medicare may suspend the allocation, with effect from such a day as the Chief Executive Medicare considers appropriate, which must not be earlier than the decision day.
Note: This subsection applies whether or not the person has requested in writing that the Chief Executive Medicare suspend the allocation.
(3) For the purposes of subsection (2), the decision day for suspending the allocation is the day (if any) on which the Chief Executive Medicare decides whether to suspend the allocation under subsection (2). (4) To avoid doubt: (a) subsection (2) does not impose any obligation on the Chief Executive Medicare to consider whether to exercise the discretion of the Chief Executive Medicare under that subsection; and (b) if the Chief Executive Medicare does not consider whether to exercise the discretion of the Chief Executive Medicare under subsection (2), then that subsection does not apply in relation to the allocation of the identification number to the person for the place of practice.