Commonwealth Consolidated Acts

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Recoverable amounts may be set off

  (1)   This section applies in relation to an amount (the recoverable amount ) recoverable from a person, or from the estate of that person, as a debt due to the Commonwealth if the amount is one of the following:

  (a)   an unpaid amount under paragraph   92(4)(e) or (f);

  (aa)   an amount under subsection   129AC(1), (1A), (1C), (1E) or (1G) where:

  (i)   any rights of review by the Chief Executive Medicare (the CEO ) under section   129AAJ have been exhausted or have expired; and

  (ii)   the 3 month period referred to in subparagraph   129AC(2)(c)(i) has expired;

  (ab)   an amount of interest under subsection   129AC(2);

  (ac)   an amount under paragraph   129ACA(3)(b) or (c) where any rights of review by the CEO under section   129ACB have been exhausted or have expired;

  (b)   an amount under section   129AD where:

  (i)   the amount is specified in a final determination under section   106TA; and

  (ii)   the Commonwealth is the payee;

  (c)   an amount under section   129AE.

  (2)   The CEO may, on behalf of the Commonwealth, set off the whole or a part of the recoverable amount against the whole or a part of an amount payable (the payable amount ) to the person or estate under this Act.

  (3)   However, an amount set off under subsection   (2) must not exceed:

  (a)   20% of the payable amount; or

  (b)   if the CEO and the person or estate agree to a higher percentage of the amount payable--that percentage.

  (4)   To avoid doubt, the payable amount is taken to have been paid in full to the person or estate if the payable amount, less any amount set off against the amount under subsection   (2), is paid to the person or estate.

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