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HEALTH LEGISLATION AMENDMENT ACT 1986 No. 75 of 1986 - SECT 8
Minister may vary pathology services table
8. Section 4A of the Principal Act is amended-
(a) by omitting from sub-section (1) "Medicare Benefits Advisory Committee"
and substituting "Pathology Services Advisory Committee";
(b) by omitting from sub-section (1) "table" and substituting "pathology
services table (including a table that has effect by virtue of paragraph (9)
(a))";
(c) by omitting from sub-section (2) "table" and substituting "pathology
services table (including a table that has effect by virtue of
paragraph (9) (a))";
(d) by omitting from paragraph (2) (a) "Part 7" and substituting "the
table";
(e) by omitting from sub-section (2) "that Part" (wherever occurring) and
substituting "the table";
(f) by inserting in sub-section (3) "pathology services" before "table" (first
occurring);
(g) by omitting sub-section (4) and substituting the following
sub-section:
"(4) If the Pathology Services Advisory Committee, otherwise than pursuant to
a reference to it under sub-section (1), recommends to the Minister a
variation of the pathology services table, the Minister may make a
determination varying the table in accordance with the recommendation.";
(h) by omitting from sub-section (5) "this section" (first occurring) and
substituting "sub-section (3) or (4)";
(j) by inserting in sub-section (5) "pathology services" before "table"; and
(k) by omitting sub-sections (6), (7), (8) and (9) and substituting the
following sub-sections:
"(6) The Minister may refer to the Pathology Services Advisory Committee, for
its consideration and recommendation, the question whether the table specified
in the reference should be substituted for the pathology services table.
"(7) If, after consideration of a question referred to it under sub-section
(6), the Committee recommends to the Minister that a table, whether or not the
table specified in the reference by the Minister, be substituted for the
pathology services table, the Minister may make a determination, in accordance
with the recommendation, that the table specified in the determination be
substituted for the pathology services table.
"(8) If the Pathology Services Advisory Committee, otherwise than pursuant to
a reference to it under sub-section (6), recommends to the Minister that a
table be substituted for the pathology services table, the Minister may make a
determination, in accordance with the recommendation, that the table specified
in the determination be substituted for the pathology services table.
"(9) Upon the coming into effect of a determination made under sub-section (7)
or (8)-
(a) the table specified in the determination has effect as if it were set
out in Schedule 1a in place of the table (in this sub-section referred
to as the 'superseded table') in that Schedule; and
(b) the superseded table or, if another table has effect, by virtue of
this section, in place of the superseded table, that other table
ceases to have effect.".
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