Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Except where subsection (2) or (5) applies, where:
(a) a Chairperson receives a notice under section 124D in relation to a conviction or pecuniary penalty order; and
(b) an appeal, or an application for an extension of the time for instituting an appeal, against the conviction or order, is not pending;
the Chairperson must establish a Medicare Participation Review Committee.
(2) Where:
(a) a Chairperson receives a notice under section 124D in relation to a practitioner; and
(b) a Medicare Participation Review Committee has already been established under subsection (1) in relation to the practitioner; and
(c) the Committee has yet to make a determination in relation to the practitioner;
the Chairperson must, as soon as practicable, bring the notice to the attention of the Committee.
(2A) Where a Chairperson receives a notice under section 106X, the Chairperson must establish a Medicare Participation Review Committee.
(3) Subject to subsection (5), upon receiving a notice under subsection 23DL(4) in relation to an approved pathology practitioner or an approved pathology authority, a Chairperson must establish a Medicare Participation Review Committee.
(5) Where a Chairperson who is given a notice under section 106X or 124D or subsection 23DL(4) has a direct or indirect interest (whether pecuniary or otherwise) in a matter that is about to be the subject of proceedings before a Committee that the Chairperson would, but for this subsection, be required to establish under subsection (1), (2A) or (3):
(a) the Chairperson must immediately inform the Minister of that interest; and
(b) the Chairperson must not establish the Committee; and
(c) the Minister must give another notice in the same terms to another Chairperson.
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