Commonwealth Consolidated Acts

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DENTAL BENEFITS ACT 2008 - SECT 56G

Notice of administrative penalty and review of assessments

  (1)   The Chief Executive Medicare must give to a person who the Chief Executive Medicare has assessed, in accordance with sections   56E and 56F, 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 dental services;

  (b)   the dental service to which each administrative penalty relates;

  (c)   if there is more than one dental service--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 section   56 or 56A arising in relation to the dental service.

Review of decisions

  (3)   Applications may be made to the Administrative Review Tribunal for review of assessments by the Chief Executive Medicare of liability to pay administrative penalties for which notice has been given under subsection   (1).

  (4)   An application under subsection   (3) 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   56D(5); and

  (c)   one or more garnishee notices have been given under subsection   58AA(2) in relation to that debt.

  (5)   Despite section   18 of the Administrative Review Tribunal Act 2024 , an application under subsection   (3) of this section must be made within the period of 28 days after the day the first garnishee notice is given.



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