PRIVATE HEALTH INSURANCE INCENTIVES ACT 1998

CHAPTER 4 - PROVISIONS APPLYING BOTH TO INCENTIVE PAYMENTS SCHEME AND TO PREMIUMS REDUCTION SCHEME  

PART 7 - GENERAL  

Division 18 - When and how payments can be recovered  

SECTION 18-15   WRITE OFF, WAIVER AND PAYMENT BY INSTALMENTS  

18-15(1)   [CEO's powers]  

The Medicare Australia CEO may, on behalf of the Commonwealth, make a written determination:

(a) writing off an amount that a person or * health fund is required to pay to the Commonwealth under section 18-5 ; or

(b) waiving the right of the Commonwealth to recover from a person or health fund the whole or a part of an amount that the person or fund is required to pay to the Commonwealth under that section; or

(c) allowing a person who, or health fund which, is required to pay an amount to the Commonwealth under that section to pay that amount by such instalments as are specified in the determination.

18-15(1A)   [When determination can be made]  

Without limiting subsection (1), the Medicare Australia CEO may make a determination under paragraph (1)(b) if the Medicare Australia CEO is of the opinion that information given by or on behalf of:

(a) the Commonwealth; or

(b) a * health fund ;

to a person from whom an amount is recoverable about that person's entitlements under this Act was incorrect or misleading in a material particular.

18-15(2)   [Effect]  

A determination under subsection (1) takes effect according to its terms:

(a) on the day specified in the determination, being the day on which the determination is made or any day before or after that day; or

(b) if no day is so specified - on the day on which the determination is made.

18-15(3)   [Notice of determination]  

If a determination is made under subsection (1) in relation to a person or * health fund , the Medicare Australia CEO must cause notice of the determination to be served on the person or fund.

Note:

Decisions not to make determinations under this section are reviewable under section 19-10 .