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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

  (d)   an 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.

  (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.


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