Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Part, unless the contrary intention appears:
"acceptance fee" means the fee payable under the Fees Act in respect of the acceptance of an undertaking under section 23DC or section 23DF.
"accreditation fee" means the fee payable under the Fees Act in respect of the approval of premises as an accredited pathology laboratory under section 23DN.
"approval" means an approval under section 23DNBA.
"Approval Principles" means principles determined by the Minister under section 23DNBA.
"approved collection centre" means a specimen collection centre for which an approval under section 23DNBA is in force.
"Collection Centre Guidelines" means the Guidelines for Approved Pathology Collection Centres published by the National Pathology Accreditation Advisory Council, as in force from time to time.
"Determining Authority" means the Determining Authority established by section 106Q.
"eligible collection centre" means a specimen collection centre on premises that are owned, leased or sub - leased by an approved pathology authority that is also the sole proprietor of at least one eligible pathology laboratory.
"eligible pathology laboratory" means an accredited pathology laboratory that is in a category determined by the Minister under section 23DBA.
"Fees Act" means the Health Insurance (Pathology) (Fees) Act 1991 .
"officer" , in relation to a body corporate, means a director, secretary, manager or employee of the body corporate.
"relevant civil contravention" has the same meaning as in subsection 124B(1).
"relevant offence" means:
(a) a relevant offence within the meaning of Part VB;
(b) an offence against subsection 23DP(1), (2) or (3); 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 relates to an offence against subsection 23DP(1), (2) or (3).
"relevant person" means a person:
(a) to whom notice has been given under subsection 23DL(1) or 23DM(1) or in relation to whom notice has been given to a Chairperson of a Medicare Participation Review Committee under subsection 23DL(4), 23DM(4) or 124D(2);
(b) to whom notice has been given under subsection 124FA(3) or l24FE(3);
(c) in relation to whom a Medicare Participation Review Committee has made a determination under section 124F, 124FB, 124FC or 124FF;
(d) to whom notice has been given under subsection 102(1);
(e) to whom a final determination under section 106TA relates;
(f) who has been convicted of a relevant offence; or
(g) who the Minister has reasonable grounds to believe may have committed a relevant offence; or
(h) against whom a pecuniary penalty order has been made in respect of a relevant civil contravention; or
(i) who the Minister has reasonable grounds to believe may have committed a relevant civil contravention.
"specimen collection centre" means a place for collecting pathology specimens from persons in relation to whom pathology services are to be rendered.
"tax" , in relation to an approval, means the tax imposed by the Health Insurance (Approved Pathology Specimen Collection Centres) Tax Act 2000 .
(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, prescribed person means a person:
(a) in relation to whom a determination under paragraph 124F(2)(d) or (e) or subparagraph 124FB(1)(e)(iv), (v) or (vi) or 124FC(1)(e)(iv) or (v) is in force;
(b) who the Minister has reasonable grounds to believe may have committed a relevant offence or relevant civil contravention, being an offence or contravention in relation to which a determination has not been made under subsection 124F(2);
(c) who is a convicted practitioner within the meaning of section 19B as in force before the commencement of Part VB; or
(d) who the Minister has reasonable grounds to believe may have committed a relevant offence within the meaning of section 19B as in force before the commencement of Part VB.
(4) A reference in this Part to disqualification, in relation to a prescribed person is a reference to:
(a) a determination under paragraph 124F(2)(d), (e) or (f), subparagraph 124FB(1)(e)(iv), (v) or (vi) or 124FC(1)(e)(iv) or (v) or paragraph 124FF(2)(d), (e) or (f); or
(b) a disqualification of the person within the meaning of section 19B as in force before the commencement of Part VB.