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HEALTH INSURANCE ACT 1973 - SECT 19AC

Reconsideration and review of decisions under subsection 19AB(3)

  (1)   An individual applicant for an exemption under subsection   19AB(3) may apply to the Minister for reconsideration of a refusal by the Minister to make such an exemption in respect of the applicant.

  (2)   The Minister is taken to have refused to grant an exemption under subsection   19AB(3) if the Minister fails to notify the applicant of his or her decision in relation to the exemption within 28 days of the day on which the application is received by the Minister.

  (2A)   An application under subsection   (1) must be made before the end of the period of 90 days beginning on the day after the day on which the exemption was refused.

  (3)   The applicant may apply to the Minister for reconsideration of a decision under subsection   19AB(4) to impose one or more conditions on an exemption under subsection   19AB(3) in respect of the applicant.

  (3A)   An application under subsection   (3) must be made before the end of the period of 90 days beginning on the day after the day on which the condition or conditions were imposed.

  (4)   The Minister must make a decision on the reconsideration within 28 days after receiving the application.

  (5)   The Minister is taken to have made a decision on the reconsideration confirming the original decision if the Minister has not informed the applicant of the decision on the reconsideration before the end of the period of 28 days.

  (6)   An application may be made to the Administrative Appeals Tribunal for a review of the Minister's decision on a reconsideration under this section.


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