(1) This regulation applies to pre-commencement misconduct committed by a member of the staff of HIC who has transferred to Medicare Australia, being misconduct:
(a) that, at the time it was committed, involved a suspected breach of the HIC Rules and that, if the Public Service Act applied to HIC at that time, would have involved a suspected breach of the Public Service Act; and
(b) for which disciplinary action has not been formally commenced in accordance with the HIC Rules.
(2) The CEO may , in accordance with the Public Service Act, commence disciplinary action in relation to pre‑commencement misconduct to which this regulation applies.