Commonwealth Consolidated Acts

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HEALTH INSURANCE ACT 1973 - SECT 106V

When final determinations take effect

  (1)   Subject to subsection   (2), the final determination takes effect on the 35th day after the day on which the Determining Authority gives a copy of it to the person under review.

  (2)   If, before that 35th day, a proceeding is instituted in a court in respect of the final determination, the determination takes effect (subject to any order of the court) at the end of:

  (a)   if the application instituting the proceeding is withdrawn or the proceeding is discontinued--7 days after the day on which the application is withdrawn or the proceeding is discontinued; or

  (b)   if the proceeding is dismissed or determined--the prescribed number of days after the day on which the proceeding is dismissed or determined; or

  (c)   if an appeal is instituted but the appeal is withdrawn or discontinued--7 days after the day on which the appeal is withdrawn or discontinued; or

  (d)   if an appeal is instituted and the appeal is dismissed or determined--the prescribed number of days after the day on which the appeal is dismissed or determined.

  (3)   In subsection   (2):

"prescribed number of days" means:

  (a)   in relation to a proceeding (including an appellate proceeding) in a court other than the High Court--35 days; or

  (b)   in relation to a proceeding (including an appellate proceeding) in the High Court--7 days.



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