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Midwife Professional Indemnity (Commonwealth Contribution) Scheme Bill 2010

Part 3 Information gathering provisions

   

82   Medicare Australia CEO may request information

             (1)  If the Medicare Australia CEO believes on reasonable grounds that a person is capable of giving information that is relevant to determining:

                     (a)  whether a person is liable to pay a run-off cover support payment; or

                     (b)  the amount of the run-off cover support payment a person is liable to pay; or

                     (c)  whether a person has midwife professional indemnity cover provided by a contract of insurance with a particular eligible insurer;

the Medicare Australia CEO may request the person to give the Medicare Australia CEO the information.

Note:          Failure to comply with the request is an offence (see section 84).

             (2)  The request:

                     (a)  must be made in writing; and

                     (b)  must state what information must be given to the Medicare Australia CEO; and

                     (c)  may require the information to be verified by statutory declaration; and

                     (d)  must specify the day on or before which the information must be given; and

                     (e)  must contain a statement to the effect that a failure to comply with the request is an offence.

The day specified under paragraph (d) must be at least 28 days after the day on which the request is made.

83   Medicare Australia CEO must be notified of a change in circumstances etc.

             (1)  A person who:

                     (a)  is exempt from a run-off cover support payment; and

                     (b)  ceases to be exempt from the payment because:

                              (i)  the person’s circumstances change before the start of, or during, a contribution year; or

                             (ii)  the person fails to satisfy a condition on which the exemption from the payment depends;

must notify the Medicare Australia CEO of that change in circumstances or that failure, as the case may be.

Note:          Failure to notify is an offence (see section 85).

             (2)  The notification must:

                     (a)  be in writing; and

                     (b)  set out details of the change in circumstances or failure of which the person is required to notify the Medicare Australia CEO under subsection (1); and

                     (c)  be given to the Medicare Australia CEO within 28 days after the day on which the person becomes aware of the change in circumstances or failure, as the case may be.

84   Failing to give information

             (1)  This section applies if a person is given a request for information under subsection 82(1).

             (2)  The person commits an offence if the person fails to comply with the request.

Penalty:  30 penalty units.

             (3)  An offence against subsection (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code .

85  Failing to notify

             (1)  This section applies if section 83 requires a person to notify the Medicare Australia CEO, within a particular period, of a matter.

             (2)  The person commits an offence if the person fails to notify the Medicare Australia CEO of that matter within that period.

Penalty:  30 penalty units.

             (3)  An offence against subsection (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code .