Commonwealth Consolidated Acts

HEALTH INSURANCE ACT 1973 - SECT 23DB

             (1)  The Minister may approve, in writing, forms of undertaking to be given by persons who wish to become approved pathology practitioners or approved pathology authorities.

             (2)  The Minister may vary, in writing, a form of undertaking approved under subsection (1).

             (3)  A form of undertaking shall make provision for and in relation to such matters as the Minister considers appropriate.

             (4)  Without limiting the generality of subsection (3), a form of undertaking to be given by persons who wish to become approved pathology practitioners may make provision for:

                     (a)  an undertaking by the person that pathology services in respect of which medicare benefits may become payable that are rendered on behalf of the person shall be carried out under the person's personal supervision;

                     (b)  an undertaking by the person not to render excessive pathology services; and

                     (c)  an undertaking by the person that pathology services in respect of which medicare benefits may become payable that are rendered by or on behalf of the person in an accredited pathology laboratory of which the person is not the proprietor or a proprietor shall not be rendered pursuant to agreements or arrangements of a kind specified in the undertaking.

          (4A)  An undertaking given by a person as mentioned in paragraph (4)(a) is, by this subsection, taken to be an undertaking that the person will, in respect of each pathology service rendered on behalf of the person:

                     (a)  ensure that a properly qualified person supervises the rendering of the service (as determined in accordance with principles determined by the Minister under subsection 3AA(3)); and

                     (b)  have personal responsibility for the proper rendering of the service.

             (5)  Sections 48, 48A, 48B, 49, 49A and 50 of the Acts Interpretation Act 1901 apply to approvals under subsection (1) and variations under subsection (2) as if in those provisions references to regulations were references to approvals or variations, references to a regulation were references to a provision of an approval or variation and references to repeal were references to revocation.

             (6)  Approvals under subsection (1) and variations under subsection (2) shall not be taken to be statutory rules within the meaning of the Statutory Rules Publication Act 1903 , but subsections 5(3) to (3C) (inclusive) of that Act apply in relation to approvals and variations as they apply to statutory rules.

             (7)  For the purposes of the application of subsection 5(3B) of the Statutory Rules Publication Act 1903 in accordance with subsection (6) of this section, the reference in the first-mentioned subsection to the Minister of State for Sport, Recreation and Tourism shall be read as a reference to the Minister administering this Act.