Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 99AB

Amounts that may become payable under section   99

  (1)   An advance, on account of an amount that may become payable to a person under section   99 in relation to the supply of a pharmaceutical benefit, may be made to the person on such terms and conditions (if any) as are approved by the Secretary in writing.

Amounts that may become payable under section   99AAAA

  (1A)   An advance, on account of an amount that may become payable to a person under section   99AAAA in relation to the supply of a pharmaceutical benefit, may be made to the person:

  (a)   if the amount may become payable on or after a day specified in an instrument under subsection   (1B) of this section; and

  (b)   on such terms and conditions (if any) as are approved by the Secretary in writing.

  (1B)   The Secretary may, by notifiable instrument, specify a day for the purposes of paragraph   (1A)(a) (which must not be before the day the instrument commences).

Repayment of amounts

  (2)   If a person receives, by way of advances on account of an amount that may become payable to the person under section   99 or 99AAAA in relation to the supply of a pharmaceutical benefit, an amount that exceeds the amount that becomes payable to the person under section   99 or 99AAAA in relation to the supply of the pharmaceutical benefit, the person is liable to repay to the Commonwealth the amount of the excess.

  (3)   If:

  (a)   a person receives an amount by way of advances on account of an amount that may become payable to the person under section   99 or 99AAAA in relation to the supply of a pharmaceutical benefit; and

  (b)   no amount becomes payable to the person under section   99 or 99AAAA in relation to the supply of the pharmaceutical benefit;

the person is liable to repay to the Commonwealth the amount so received.

  (4)   Where a person is liable to repay an amount to the Commonwealth under this section, the Commonwealth may recover the amount as a debt due to the Commonwealth by action in a court of competent jurisdiction.

  (5)   Where a person is liable to repay an amount to the Commonwealth under this section, an amount not exceeding that amount may be deducted from any other amount that is payable to the person under this Part and, where an amount is so deducted, the other amount shall, notwithstanding the deduction, be deemed to have been paid in full to the person.