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HEALTH INSURANCE ACT 1973 - SECT 23DG

Period of effect of approved pathology authority undertaking

             (1)  Where a person gives an undertaking under subsection 23DF(1) and the Minister accepts the undertaking, the undertaking:

                     (a)  comes into force on the day specified in the notice given under subsection 23DF(11) in respect of the undertaking; and

                     (b)  subject to subsection (3), ceases to be in force upon:

                              (i)  the termination of the undertaking by the person under section 23DH;

                             (ii)  the revocation of the Minister's acceptance of the undertaking in accordance with a determination by a Medicare Participation Review Committee under section 124FC; or

                            (iii)  the expiration of the period determined by the Minister, pursuant to paragraph 23DF(1)(c) or 23DO(2)(b), as the period for which the undertaking is to have effect;

                            whichever first occurs.

             (3)  Where:

                     (a)  a person gives an undertaking (in this subsection referred to as the first undertaking ) under subsection 23DF(1) and the first undertaking is accepted by the Minister;

                     (b)  while the first undertaking is in force, the person gives another undertaking (in this subsection referred to as the second undertaking ) under subsection 23DF(1); and

                     (c)  the period referred to in subparagraph (1)(b)(iii) in relation to the first undertaking expires without the Minister having given the person notice under subsection 23DF(10) in relation to the second undertaking;

subsection (1) applies in relation to the first undertaking as if the period referred to in subparagraph (1)(b)(iii) were the period commencing on the day on which the first undertaking comes into force and ending 14 days after the day on which the Minister gives notice to the person under subsection 23DF(10) in relation to the second undertaking.



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