49Overpayments generally

49 Overpayments generally

(1) This section applies if a payment by way of subsidy (whether advance subsidy or not) is made to a medical indemnity insurer on behalf of a medical practitioner for a premium year and one of the following applies: (a) subsidy is not payable to the insurer on behalf of the practitioner for the premium year; (b) the amount paid is greater than the amount of subsidy that was payable; (c) the payment is made by way of advance subsidy and a determination is later made under section 39 that the advance subsidy is not payable; (d) the payment is made by way of advance subsidy and a determination is later made under section 39 that a lesser amount of advance subsidy is payable. (2) The amount overpaid is: (a) the whole of the amount paid if paragraph (1)(a) or (c) applies; or (b) the difference between the amount that was paid and the amount that was payable, or was most recently determined under section 38 or 39 to be payable, if paragraph (1)(b) or (d) applies. (3) The insurer must repay to the Commonwealth the amount overpaid.

Note: Section 66 provides for recovery of the amount overpaid.