Commonwealth Numbered Acts

HEALTH INSURANCE AMENDMENT ACT 1977 No. 75 of 1977 - SECT 33

33. Section 106 of the Principal Act is amended-

(a) by omitting from sub-section (1) the word and figures ''section 105'' and
substituting the words and figures ''sub-section 105 (2) or (3)''; and

   (b)  by omitting sub-sections (3) and (4) and substituting the following
        sub-section:-

''(3) Where the Minister makes a determination under sub- section (1), then-

   (a)  if no request for review of the determination under Division 3 of Part
        VA or application for judicial review of the determination under
        Division 4 of that Part is lodged within the period allowed for such a
        request or application, the determination takes effect at the
        expiration of that period;

   (b)  if a request for review of the determination under Division 3 of Part
        VA or an application for judicial review of the determination under
        Division 4 of that Part is lodged within the period allowed for such a
        request or application-

        (i)    in a case where the determination is set aside on the
               review-subject to paragraph (c), the determination does not
               take effect; or

        (ii)   in a case where the determination is affirmed, or varied, on
               the review and no appeal against the decision on the review is
               brought by virtue of section 124A within the period allowed for
               such an appeal-the determination takes effect, or takes effect
               as so varied, at the expiration of that period; or

   (c)  if an appeal against the decision on a review under Division 3 of Part
        VA or a judicial review under Division 4 of that Part is brought by
        virtue of section 124A within the period allowed for such an appeal,
        the determination does not have effect until the appeal, and any
        further appeal or appeals, are determined and, upon the determination
        of the appeal and any such further appeal or appeals, the
        determination takes effect or takes effect as varied or does not take
        effect, in accordance with the judgment or order on the appeal or
        further appeal or appeals.''.