Commonwealth Numbered Acts

HEARING SERVICES ACT 1991 No. 169 of 1991 - SECT 4

4.(1) In this Act, unless the contrary intention appears:

"appointed member" means a member other than the General Manager;

"Authority" means the authority, known as Australian Hearing Services,
established by section 7;

"Board" means the Board of the Authority;

"borrowing" includes raising money or obtaining credit, whether by dealing in
securities or otherwise, but does not include obtaining credit in a
transaction forming part of the day-to-day operations of the Authority or a
subsidiary of the Authority;

"Chairperson" means the Chairperson of the Board;

"Chief Officer" means:

   (a)  in relation to a Commonwealth, State or Territory authority - the
        person who has the responsibility of Executive Officer or Chief
        Executive Officer of the authority, whether the person is a member of
        the authority or not; and

   (b)  in relation to any other authority or body - the person who is
        responsible for the day-to-day management of the authority or body;

"eligible person" has the meaning given under section 5;

"General Manager" means the General Manager of the Authority;

"hearing products" includes:

   (a)  hearing aids; and

   (b)  alternate listening devices; and

   (c)  listening systems; and

   (d)  tests, procedures, documents and computer software associated with the
        provision of hearing services; and

   (e)  such other products as the Minister determines to be hearing products
        within the meaning of this Act;

"hearing services" includes:

   (a)  services for the provision of hearing products and parts (including
        batteries) for such products; and

   (b)  services for the maintenance of hearing products; and

   (c)  services for hearing rehabilitation; and

   (d)  services for hearing impairment prevention; and

   (e)  services connected with any of the services mentioned in paragraphs
        (a), (b), (c) and (d);

"member" means a member of the Board;

"reviewable decision" means:

   (a)  a decision by the Authority refusing to provide hearing services to a
        person; or

   (b)  a decision by the Authority to impose a charge on a person (including
        a decision, or a refusal to make a decision, under subsection 62 (2))
        in respect of the provision of services by the Authority; but does not
        include a decision as to the treatment that a person should receive
        for a hearing impairment;

"special purpose member" means a member appointed under paragraph 15(1)(d);

"staff" means the staff of the Authority;

"trust money" means money received and held by the Authority on trust.

(2) The question whether a company is a subsidiary of the Authority is to be
determined in the same way as the question whether a corporation is a
subsidiary of another corporation is determined for the purposes of the
Corporations Law.
(3) A determination under paragraph (e) of the definition of "hearing
products" in subsection (1) is a disallowable instrument for the purposes of
section 46A of the Acts Interpretation Act 1901.