Commonwealth Consolidated Acts

HUMAN SERVICES (MEDICARE) ACT 1973 - SECT 8P

  (1)   An authorised officer may require a person to give information or produce a document that is in the person's custody, or under the person's control, to the Chief Executive Medicare if the authorised officer has reasonable grounds for believing that:

  (a)   a relevant offence or relevant civil contravention has been or is being committed; and

  (b)   the information or document is relevant to the offence or contravention.

  (2)   The requirement must be by notice in writing given to the person.

Note:   Sections   28A and 29 of the Acts Interpretation Act 1901 provide how a notice may be given. In particular, the notice may be given to an individual by:

• delivering it personally; or
• leaving it at the person's last known address; or
• sending it by pre - paid post to the person's last known address.

  (3)   Subject to subsection   (4), the power under this section to require information to be given or documents to be produced does not include:

  (a)   the power to require information to be given about the contents of a part of a record that is a part   containing clinical details relating to a patient; or

  (b)   the power to require production of a part of a record that contains such clinical details.

  (4)   Subsection   (3) does not apply if:

  (a)   the person being required to give information or produce documents is the patient to whom the clinical details relate; and

  (b)   the information or documents relate to:

  (i)   a service the person has received in respect of which medicare benefit or dental benefit has been claimed; or

  (ii)   a pharmaceutical benefit supplied to, or in respect of, the person.