Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this section:
"contributor" , in relation to a private health insurer, means a person who is a holder (within the meaning of the Private Health Insurance Act 2007 ) of a complying health insurance policy (within the meaning of section 63 - 10 of that Act) entered into with the insurer.
"private health insurer" has the same meaning as in the Private Health Insurance Act 2007 .
(2) Where:
(a) a person is provided with treatment under section 85 or 86;
(b) the person is a contributor to a fund conducted by a private health insurer; and
(c) the person will, in the opinion of the Commission, if the person pays or becomes liable to pay to the Commonwealth an amount in respect of the treatment, be entitled to receive an amount by way of benefit as such a contributor in respect of that treatment;
the Commission may, by notice in writing given to the person, request the person to pay to the Commonwealth in respect of the treatment an amount specified in the notice, being an amount ascertained in accordance with a scale of charges determined by the Commission by instrument in writing, and where the Commission gives such a notice to the person, the person is liable to pay to the Commonwealth the amount specified in the notice.
(3) Where:
(a) a person is liable to pay an amount to the Commonwealth under subsection (2) in respect of treatment; and
(b) a private health insurer becomes liable to pay an amount by way of benefit to that person as a contributor in respect of that treatment;
the insurer is liable to pay the amount referred to in paragraph (b) to the Commonwealth, and payment of that amount to the Commonwealth operates as a discharge of that person's liability under subsection (2) in respect of the treatment and as a discharge of the liability of the insurer to pay that amount to that person.
(4) The Commonwealth may recover in a court of competent jurisdiction an amount that a private health insurer is liable to pay to the Commonwealth under subsection (3).