Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.