Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(a) was domiciled and unconditionally registered in Australia on 31 January 1992 and practised medicine in Australia for not less than 3 months during 1992;
(b) was unconditionally registered and practising medicine in Australia for a period of not less than 6 years, or for periods totalling not less than 6 years, at any time before 31 January 1992; or
(c) was unconditionally registered and practising medicine in Australia for a period of not less than 3 years, or for periods totalling not less than 3 years, during the period of 6 years ending on 31 January 1992.
36. (1) If the Board considers that a foreign medical practitioner is, or may be, liable to deregistration, it shall, by notice in writing served on the practitioner, require him or her to establish that he or she is not liable to deregistration.
(2) Where a foreign medical practitioner who has been served with a notice under subsection (1) fails to establish, to the satisfaction of the Board, that he or she is not liable to deregistration, the Board shall cancel the registration of the practitioner unless it considers that there is good reason why the practitioner's registration should not be cancelled.
(3) The Board shall give a foreign medical practitioner who is liable to deregistration an opportunity to make submissions to the Board on the question of whether his or her registration should be cancelled and the Board shall consider any submissions made by the practitioner.
37. (1) If a registered medical practitioner has practised medicine for at least 4 days during a month, he or she shall be taken to have practised throughout the whole of that month.
(2) If a registered medical practitioner has practised medicine for less than 4 days during a month, he or she shall be taken not to have practised during that month.
38. (1) This section applies to a foreign medical practitioner whose registration has been cancelled—
(a) for failure to pay a fee that became payable by him or her under section 24A of the Principal Act as in force before the commencement of this Act; or
(b) for failure to pay a fee that became payable by him or her under section 29A of the Principal Act as amended by this Act.
(2) A foreign medical practitioner to whom this section applies does not have an entitlement to re-registration under section 29C of the Principal Act as amended by this Act unless he or she satisfies the Board that—
(a) he or she is not liable to deregistration; or
(b) there is good reason why the practitioner should not lose the entitlement to re-registration.
39. (1) Application may be made to the Administrative Appeals Tribunal for review of a decision by the Medical Board—
(a) under section 36 (2) to cancel the registration of a foreign medical practitioner; or
(b) under subsection 38 (2) that a foreign medical practitioner whose registration has been cancelled for non-payment of a fee is not entitled to re-registration under section 29C of the Principal Act as amended by this Act.
(2) Where a decision of a kind referred to in subsection (1) is made, the Board shall, within 28 days after the date of the decision, give notice in writing of the decision to the foreign medical practitioner.
(3) A notice under subsection (2) shall—
(a) include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , an application may be made to the Administrative Appeals Tribunal for a review of the decision to which the notice relates; and
(b) except where subsection 26 (11) of that Act applies—include a statement to the effect that a person whose interests are affected by the decision may request a statement under section 26 of that Act.
(4) The validity of a decision referred to in subsection (1) is not to be taken to be affected by a failure to comply with subsection (3).
40. (1) The amended Act is further amended as provided by this section.
(2) The sections of the amended Act are renumbered in a single series so that they bear consecutive Arabic numerals.
(3) Any provision of the amended Act that refers to a section of that Act that has been renumbered by subsection (2) is amended by omitting that reference and substituting a reference to the section as so renumbered.
(4) A reference in a provision of a law of the Territory made before the commencement of this section (whether or not that provision has commenced), or in any instrument or document, to a section of the amended Act that has been renumbered by subsection (2) shall be construed as a reference to that section as so renumbered.
(5) In this section, “amended Act” means the Principal Act as amended by this Act.