Commonwealth Numbered Acts

HEALTH AND AGEING LEGISLATION AMENDMENT ACT 2004 NO. 50, 2004 - SCHEDULE 3

1 Transitional—specialist recognition

(1) This item applies to a medical practitioner if, immediately before 28 June 2001, a determination was in effect under paragraph 3D(1)(c) of the old Act that the practitioner be recognised for the purposes of that Act as a specialist in a particular specialty.
(2) The Minister is taken to have made a determination (the deemed determination ) under paragraph 3DB(4)(a) of the new Act that the practitioner be recognised for the purposes of the new Act as a specialist in that specialty.
(3) The deemed determination is taken:

(a) to have been made on 28 June 2001; and
(b) despite subsection 3DC(1) of the new Act, to have had effect on and after the day the determination described in subitem (1) commenced having effect.

(4) This item does not prevent the deemed determination from ceasing to be in force before or after the commencement of this item.
(5) In this item:

new Act means the Health Insurance Act 1973 as in force on and after 28 June 2001.
"old Act" means the Health Insurance Act 1973 as in force immediately before 28 June 2001.

Health Insurance Act 1973

2 At the end of subsection 3DA(3)

Add:

Note: A medical practitioner's recognition as a specialist cannot cease under this subsection if that recognition is due to Schedule 3 to the Health and Ageing Legislation Amendment Act 2004 .