99ABGNotice of administrative penalty and review of assessments

99ABG Notice of administrative penalty and review of assessments

(1) The Secretary must give to a person who the Secretary has assessed, in accordance with sections 99ABE and 99ABF, is liable for an administrative penalty, or the person’s estate, written notice of the assessment which includes the following: (a) the person’s liability to pay an administrative penalty in respect of one or more pharmaceutical benefits; (b) the pharmaceutical benefit to which each administrative penalty relates; (c) if there is more than one pharmaceutical benefit—the total of the administrative penalties; (d) the day by which the penalty becomes due for payment (which must be at least 14 days after the day on which the notice is given); (e) the fact that the notice is given under this section. (2) The notice may also deal with a debt due to the Commonwealth under subsection 99ABA(2) or 99ABB(4) arising in relation to the pharmaceutical benefit. (3) If: (a) a person is given a notice under subsection (1) of the person’s liability to pay an administrative penalty; and (b) the person does not pay the penalty by the day set out in the notice as the day by which the penalty becomes due for payment; the amount set out in the notice is recoverable as a debt due to the Commonwealth from the person or the estate of the person. Review of decisions (4) Applications may be made to the Administrative Review Tribunal for review of assessment by the Secretary of liability to administrative penalties for which notice has been given under subsection (1). (5) An application under subsection (4) may be made by a person, or a person’s estate, only if: (a) the person or estate has been given a notice under subsection (1) that the person is liable for an administrative penalty; and (b) the decision to claim the debt to which the administrative penalty relates is a reconsidered decision under subsection 99ABD(6); and (c) one or more garnishee notices have been given under subsection 99ABJ(2) in relation to the debt. (6) Despite subsection 18(1) of the Administrative Review Tribunal Act 2024, an application under subsection (4) of this section must be made within the period of 28 days after the day the first garnishee notice is given.