39

39 The Chief Executive Medicare to notify of amount of debt due

(1) If: (a) a run‑off cover Commonwealth contribution has been paid to an eligible insurer in relation to a liability that relates to a claim made against an eligible midwife; and (b) another amount is paid to the midwife, eligible insurer or another person in relation to the incident to which the claim relates; and (c) because of the payment of the other amount, there is an amount overpaid as described in subsection 37(2); the Chief Executive Medicare may give the eligible insurer a written notice that specifies: (d) the amount overpaid, and that it is a debt owed to the Commonwealth under subsection 37(3); and (e) the day before which the amount must be paid to the Commonwealth; and (f) the effect of section 40. The day specified under paragraph (e) must be at least 28 days after the day on which the notice is given. (2) The debt becomes due and payable on the day specified under paragraph (1)(e).