Commonwealth Numbered Acts

HEALTH INSURANCE AMENDMENT (MEDICAL SPECIALISTS) ACT 2006 (NO. 104, 2006) - SCHEDULE 1

1  Subsection 3(1) (definition of consultant physician )

Omit "3E or 61", substitute "3DB or 3E".

2  Subsection 3(1) (definition of specialist )

Omit ", 3E or 61", substitute "or 3E".

3  Subsection 3(1) (definition of Specialist Recognition Advisory Committee )

Repeal the definition.

4  Subsection 3DB(1)

After "medical practitioner is a specialist", insert "or consultant physician".

Note:       The heading to section 3DB is altered by adding at the end " or consultant physician ".

5  Subsection 3DB(2)

After "specialist", insert "or consultant physician".

6  Subsections 3DB(4) and (5)

Repeal the subsections, substitute:

             (4)  After receiving an application under subsection (1) or (2), the Minister must:

                     (a)  determine that the medical practitioner be recognised, for the purposes of this Act, as a specialist or consultant physician (as the case requires) in the specialty; and

                     (b)  notify the medical practitioner, in writing, of his or her recognition as a specialist or consultant physician in the specialty.

             (5)  A notification under paragraph (4)(b) is not a legislative instrument.

7  Subsection 3DC(1)

After "specialist", insert "or consultant physician".

8  Paragraph 3GC(6A)(a)

Omit "paragraph 3D(1)(a)", substitute "section 3D".

9  Subsection 23DNA(4) (definition of pathologist )

Omit "section 61", substitute "section 3DB".

10  Division 1 of Part V

Repeal the Division.

11  Transitional--continued recognition of specialists and consultant physicians

For the purposes of the Health Insurance Act 1973, if a determination under section 61 of that Act is in force in relation to a medical practitioner immediately before this item commences, then, immediately after this item commences:

                     (a)  the determination has effect as if it had been made under section 3DB of that Act as in force at that time; and

                     (b)  if, under paragraph 61(4)(b) of that Act, the determination had effect on and from the day on which it was made--for the purposes of subsection 3DC(1) of that Act, the day on which the determination was made is taken to have been the day specified in the determination.

12  Transitional--existing applications to be determined by the Minister under new section 3DB

If:

                     (a)  a medical practitioner has made an application under section 3DB or 61 of the Health Insurance Act 1973 as in force immediately before this item commences (the old application ); and

                     (b)  at that time, the old application has not yet been finally determined;

then:

                     (c)  the medical practitioner is taken to have made an application (the new application ) under section 3DB as in force immediately after this item commences; and

                     (d)  the prescribed fee that accompanied the old application is taken to be the prescribed fee accompanying the new application.