56Revocation and variation of apportionment certificates

56 Revocation and variation of apportionment certificates

Revocation (1) The Chief Executive Medicare may revoke an apportionment certificate if the Chief Executive Medicare is no longer satisfied as mentioned in subsection 51(4) or (5) in relation to the claim. (2) The Chief Executive Medicare must revoke an apportionment certificate if, after the apportionment certificate is issued: (a) a judgment or order of a court is made; and (b) the judgment or order is of a kind that would have prevented the Chief Executive Medicare issuing an apportionment certificate under section 52, had it been made before the certificate was issued. Variation (3) If the Chief Executive Medicare is satisfied that a matter is not correctly identified or specified in an apportionment certificate, the Chief Executive Medicare may vary the certificate so that it correctly identifies or specifies the matter. Effect of revocation (4) If: (a) the Chief Executive Medicare revokes an apportionment certificate; and (b) an amount of Commonwealth contribution has already been paid in relation to the claim; the amount is an amount overpaid to which section 64 applies. Effect of variation (5) If: (a) the Chief Executive Medicare varies an apportionment certificate; and (b) an amount of Commonwealth contribution has already been paid in relation to the claim, and that amount exceeds the amount that would have been paid if the amount of Commonwealth contribution had been determined having regard to the certificate as varied; the amount of the excess is an amount overpaid to which section 64 applies. Chief Executive Medicare to give applicant copy of varied certificate (6) If the Chief Executive Medicare decides to vary an apportionment certificate, the Chief Executive Medicare must, within 28 days of making his or her decision, give the applicant a copy of the varied certificate. However, a failure to comply does not affect the validity of the decision.