Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) An application made under subsection 6(7) of the Determination, that was not decided before the commencement of this section, is taken to have been made under subclause 1.2.3(6) of Schedule 1.
(2) To avoid doubt, the Department is taken to have notified the relevant proprietor of the receipt of that application if the Department has notified the proprietor as mentioned in paragraph 6(4)(a) of the Determination.
(3) An exemption under subsection 6(5) of the Determination, that is in force just before the commencement of this section, is taken to be an exemption under subclause 1.2.3(4) of Schedule 1.
(4) A refusal by the Secretary to grant an exemption under subsection 6(5) of the Determination is taken to have been a refusal to grant an exemption under subclause 1.2.3(4) of Schedule 1, if, just before the commencement of this section:
(a) the proprietor had not yet applied for reconsideration under section 8 of the Determination and the period to apply for reconsideration had not yet expired; or
(b) the proprietor had applied for reconsideration under section 8 and the Secretary had not yet notified the proprietor of the Secretary's reconsideration decision.
(5) To avoid doubt, the Secretary is taken to have notified the relevant proprietor of a refusal to make an exemption under subclause 1.2.3(4) of Schedule 1 if the Secretary notifies the relevant proprietor of a refusal to grant an exemption under subsection 6(5) of the Determination.
(6) An application made under section 8 of the Determination is taken to be an application made under clause 1.2.4 of Schedule 1, if:
(a) the application was made before the commencement of this section; and
(b) the Secretary did not notify the proprietor of the reconsideration decision before that commencement.
(7) A delegation made under section 9 of the Determination that was in force just before the commencement of this section continues in force after the commencement, despite the repeal of the Determination.
(8) In this section:
"Determination" means the Health Insurance (Diagnostic Imaging Capital Sensitivity) Determination 2011 .