Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

HEALTH INSURANCE ACT 1973 - SECT 124B

Interpretation

             (1)  In this Part, unless the contrary intention appears:

"Chairperson" means a Chairperson of Medicare Participation Review Committees appointed under section 124C.

"Committee" means a Medicare Participation Review Committee established under section 124E.

"determination" means a determination made under subsection 124F(1), (2) or (6), 124FB(1), 124FC(1) or 124FF(1), (2) or (5).

"hearing" means a hearing conducted by a Committee under subsection 124G(1).

"legal practitioner" means a person who is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory.

"member" , in relation to a Committee, includes the Chairperson.

"officer" , in relation to a body corporate, means a director, secretary, manager or employee of the body corporate.

"practitioner" means:

                     (a)  a medical practitioner; or

                     (b)  a dental practitioner; or

                     (c)  a participating optometrist (other than the Commonwealth, a State, the Australian Capital Territory, the Northern Territory or an authority, being a corporation, established by a law of the Commonwealth, a State or an internal Territory); or

                     (d)  an optometrist other than a participating optometrist; or

                   (da)  a midwife; or

                   (db)  a nurse practitioner; or

                     (e)  a chiropractor; or

                      (f)  a physiotherapist; or

                     (g)  a podiatrist; or

                     (h)  an osteopath; or

                      (i)  a health professional of a kind determined by the Minister under subsection (7) to be a practitioner for the purposes of this Part.

"professional organisation" means an organisation or association declared by the regulations to be a professional organisation for the purposes of this definition.

"relevant civil contravention" means a contravention of a civil penalty provision in Division 2 of Part IIBA.

"relevant offence" means:

                     (a)  an offence against section 128A, 128B, 129 or 129AA of this Act, being an offence that is committed after the commencement of this Part; or

                    (aa)  an offence against section 128C that is committed after the commencement of this paragraph; or

                   (ab)  an offence against section 23DR or 23DS that is committed after the commencement of this paragraph; or

                    (ac)  an offence against Division 3 of Part IIBA that is committed after the commencement of this paragraph; or

                     (b)  an offence against section 129, 129AA or 129AAA of this Act as in force before the commencement of this Part, being an offence of which a person has been convicted after the commencement of this Part; or

                     (c)  an offence against:

                              (i)  section 6 of the Crimes Act 1914 ; or

                             (ii)  section 11.1, 11.4 or 11.5 of the Criminal Code ;

                            being an offence that:

                            (iii)  relates to an offence referred to in paragraph (a) and is committed after the commencement of this Part; or

                          (iiia)  relates to an offence referred to in paragraph (aa) or (ac); or

                            (iv)  relates to an offence referred to in paragraph (b) and is an offence of which a person has been convicted after the commencement of this Part; or

                     (d)  an offence against section 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1, 144.1, 145.1, 145.4 or 145.5 of the Criminal Code , being an offence relating to a claim for payment in respect of the rendering of a professional service; or

                      (f)  an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that is committed after the commencement of this paragraph and that relates to:

                              (i)  an application under section 5 or 5B; or

                             (ii)  a statement or report under section 130A; or

                            (iii)  a notification under section 130B.

             (2)  A reference in this Part to a conviction of an offence includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to the offence.

             (3)  In this Part, a reference to an appeal against a conviction or pecuniary penalty order includes a reference to:

                     (a)  an appeal against a decision of a court wholly or partly dismissing an appeal against the conviction or order; or

                     (b)  where an appeal lies only by leave or special leave--an application for leave or special leave to appeal; or

                     (c)  any proceedings in which the validity of the conviction or order is in question;

and a reference to a right to appeal against a conviction or pecuniary penalty order shall be construed accordingly.

          (3A)  A reference in this Part to a participating optometrist includes a reference to a person who has been a participating optometrist.

             (4)  A reference in this Part to an approved pathology practitioner includes a reference to a person who has been an approved pathology practitioner.

             (5)  A reference in this Part to an approved pathology authority includes a reference to a person who has been an approved pathology authority.

             (6)  A reference in this Part to a practitioner includes a reference to a person who has been a practitioner.

             (7)  The Minister may, by legislative instrument, determine that a health professional of a particular kind (being a health professional who provides a health service within the meaning of subsection 3C(8)) is a practitioner for the purposes of this Part.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback