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HEALTH INSURANCE ACT 1973 - SECT 124D Chairperson etc. to be notified if practitioner convicted of relevant offence or civil contravention

HEALTH INSURANCE ACT 1973 - SECT 124D

Chairperson etc. to be notified if practitioner convicted of relevant offence or civil contravention

  (1)   This section applies in relation to a conviction of a practitioner where:

  (a)   the practitioner has been convicted of a relevant offence;

  (b)   all the rights of the practitioner to appeal against the conviction (other than the right to apply for an extension of the time for instituting such an appeal) have been exhausted or have expired; and

  (c)   the conviction has not been wholly set aside.

  (1A)   This section also applies in relation to a pecuniary penalty order made against a practitioner if:

  (a)   the order was made in respect of a relevant civil contravention; and

  (b)   all the rights of the practitioner to appeal against the order (other than the right to apply for an extension of the time for instituting such an appeal) have been exhausted or have expired; and

  (c)   the order has not been wholly set aside.

  (2)   Within 28 days after this section commences to apply in relation to the conviction or order, the Minister must, if an appeal, or an application for an extension of the time for instituting an appeal, against the conviction or order is not pending, give to the Chairperson a notice in writing setting out the details of the conviction or order and, at or about the same time, give to the practitioner a copy of the notice.

  (3)   Where:

  (a)   a practitioner is subject to a period of disqualification by virtue of having been convicted of offences before the commencement of this Part; and

  (b)   no appeal against any of the convictions is pending;

the practitioner may apply in writing to the Minister for the disqualification to be reviewed by a Committee, and, upon receiving such an application, the Minister shall give to a Chairperson a notice in writing setting out the details of the convictions and, at or about the same time, give to the practitioner a copy of the notice.

  (4)   In subsection   (3), disqualification has the same meaning as it had in section   19B before the commencement of this Part.

  (5)   Where a notice is given to a Chairperson under subsection   (3), the offences in respect of which details of convictions are set out in the notice shall, for the purposes of sections   124E and 124F, be deemed to be relevant offences.

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