Commonwealth Numbered Acts

Health Legislation Amendment Act 1982 No. 49 of 1982 - SECT 27

27. Section 106A of the Principal Act is amended-

(a) by inserting after the definition of ''Committee'' the following
definitions:

'' 'document' has the same meaning as it has in Division 3;

'hearing' means a hearing conducted under section 106F;'';

   (b)  by adding after the definition of ''member'' the following
        definitions:

'' 'officer' has the meaning as it has under Division 3;

'relevant person', in relation to a hearing, means-

   (a)  where notice of that hearing is given under sub-section 106FA (1) to a
        person other than a body corporate--that person; or

   (b)  where notice of that hearing is given under sub-section 106FA (1) to a
        body corporate-each officer of that body corporate.''; and

   (c)  by adding at the end thereof the following sub-sections:

''(2) In this Division-

   (a)  a reference to excessive services is a reference to optometrical
        services in respect of which medical benefit has become or may become
        payable and which were not reasonably necessary for the adequate
        optometrical care of the patient concerned;

   (b)  a reference to an optometrist includes a reference to a person who has
        been an optometrist;

   (c)  a reference to a participating optometrist includes a reference to a
        person who has been a participating optometrist;

   (d)  a reference to an optometrical service is a reference to a
        professional service covered by an item that is expressed to relate to
        a professional attendance by a participating optometrist;

   (e)  a reference to a registered organization is a reference to a
        registered medical benefits organization within the meaning of the
        National  Health Act 1953 ; and

   (f)  a reference to a medical benefit in relation to a professional service
        is as a reference to-

        (i)    the Commonwealth medical benefit paid or payable in respect of
               that professional service; and

        (ii)   the fund medical benefit (if any) paid or payable in respect of
               that professional service.

''(3) In this Division, a reference to an optometrist who is employed by a
participating optometrist includes a reference to an optometrist who provides
professional services for or on behalf of that participating optometrist by
reason of a contract, agreement or other arrangement for the provision of his
services entered between-

   (a)  that participating optometrist; and

   (b)  the first-mentioned optometrist or another person.

''(4) Where an optometrist provides a professional service in the course of
his employment by a participating optometrist, then, for the purposes of this
Division, that professional service shall be taken to have been rendered by
that first-mentioned optometrist and not by that participating optometrist.

''(5) Any conduct, not being conduct referred to in sub-section (4), engaged
in on behalf of a body corporate by an officer of the body corporate or
engaged in by an agent of the body corporate at the direction or with the
consent or agreement (whether express or implied) of an officer of the body
corporate shall be deemed, for the purposes of this Division, to have been
engaged in also by the body corporate.''.