Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the Chief Executive Medicare (the CEO ) makes a determination under subsection 129ACA(2) to claim a recoverable amount as a debt, the primary debtor and secondary debtor (or the estates of those persons) may apply in writing to the CEO, in the form approved in writing by the CEO, for a review of the decision to make the determination.
(2) An application under subsection (1) for review of a decision must be made within 28 days after the person or estate is notified of the decision under subsection 129ACA(3).
(3) If the CEO receives an application under subsection (1) from a person or estate, the CEO must provide written notice of the application and a copy of the application to each other person or estate mentioned in that subsection.
(4) The other person or estate may give a written submission to the CEO within the period specified in the notice (which must not be less than 28 days after the day the notice is given) which states:
(a) whether the decision should be confirmed, varied or revoked; and
(b) the person's reasons for why the decision should be confirmed, varied or revoked.
(5) On receiving the application and any written submissions under subsection (4), the CEO must:
(a) review the decision; and
(b) confirm, vary or revoke the decision.
(6) The CEO must give to the applicant and each other person or estate mentioned in subsection (1) written notice of the decision (the reconsidered decision ) on the review.
(7) Applications may be made to the Administrative Review Tribunal for review of reconsidered decisions.
(8) An application under subsection (7) may be made only if:
(a) the applicant has been given notice of the reconsidered decision under subsection (6); and
(b) one or more garnishee notices have been given under subsection 129AEG(1) in relation to the debt to which the reconsidered decision relates.
(9) Despite subsection 18(1) of the Administrative Review Tribunal Act 2024 , an application under subsection (7) of this section must be made within the period of 28 days after the day the first garnishee notice is given.
(10) To avoid doubt:
(a) a decision referred to in subsection 129ACA(2) may be reviewed by the CEO under subsection (5) of this section once only; and
(b) a reconsidered decision takes effect:
(i) on the day specified in the reconsidered decision; or
(ii) if a day is not specified--on the day on which the reconsidered decision is made; and
(c) a reconsidered decision may specify a percentage of zero for the purposes of subsection 129ACA(4).