Commonwealth Numbered Acts

HEALTH LEGISLATION AMENDMENT ACT 1986 No. 75 of 1986 - SECT 35

35. Section 124E of the Principal Act is amended-

   (a)  by inserting in sub-section (1) "or (2C)" after "sub-section (2)";

   (b)  by inserting after sub-section (2) the following sub-sections:

"(2A) Upon receiving a notice under sub-section 23DL (4) in relation to an
approved pathology practitioner or an approved pathology authority, a
Chairperson shall, subject to sub-section (2C), establish a Medicare
Participation Review Committee.

"(2B) Upon receiving a notice under sub-section 23DM (4) in relation to a
person, a Chairperson shall, subject to sub-section (2C), establish a Medicare
Participation Review Committee.

"(2C) Where a Chairperson who is given a notice under section 124D or
sub-section 23DL (4) or 23DM (4) has a direct or indirect interest (whether
pecuniary or otherwise) in a matter that is about to be the subject of
proceedings before a Committee that the Chairperson would, but for this
sub-section, be required to establish under sub-section (1), (2A) or (2B) of
this section-

   (a)  the Chairperson shall immediately inform the Minister of that
        interest;

   (b)  the Chairperson shall be deemed not to be required to establish, and
        shall not establish, a Committee under that sub-section; and

   (c)  the Minister shall give another notice in the same terms to another
        Chairperson.";
(c) by inserting in sub-section (3) ", (2A) or (2B)" after "sub-section (1)";

   (d)  by omitting from paragraph (3) (b) "and (11)" and substituting ",
        (11), (12) and (13)";

   (e)  by omitting from paragraph (3) (c) "and (11)" and substituting ",
        (11), (12) and (13)";

   (f)  by omitting from sub-section (10) "practitioner" (wherever occurring)
        and substituting "person"; and

   (g)  by omitting sub-section (11) and substituting the following
        sub-sections:

"(11) Subject to sub-sections (12) and (13), the person selected by the
Chairperson under paragraph (3) (b) or (c) shall be a medical practitioner.

"(12) Where the person in relation to whom a Committee is convened is-

   (a)  an approved pathology practitioner;

   (b)  a dental practitioner; or

   (c)  an optometrist,
the person selected by the Chairperson under paragraph (3) (b) or (c) shall
be-

   (d)  where paragraph (a) applies-an approved pathology practitioner
        (whether or not a medical practitioner);

   (e)  where paragraph (b) applies-a dental practitioner; or

   (f)  where paragraph (c) applies-an optometrist.

"(13) Where a Committee is convened in relation to an approved pathology
authority, the person selected by the Chairperson under paragraph (3) (b) or
(c) shall be an approved pathology practitioner (whether or not a medical
practitioner).".