Commonwealth: Health Insurance Act 1973 (Cth)

Health Insurance Act 1973 No. 42, 1974 Compilation No. 128 Compilation date: 15 February 2025 Includes amendments: Act No. 8, 2025 This compilation is in 2 volumes Volume 1: sections 1–106ZR Volume 2: sections 124B–133 Endnotes Each volume has its own contents About this compilation This compilation This is a compilation of the Health Insurance Act 1973 that shows the text of the law as amended and in force on 15 February 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part I—Preliminary 1 Short title 2 Commencement 3 Interpretation 3AAA Accreditation of podiatrists 3AAB Review by Administrative Review Tribunal 3AA Approved pathology practitioners to ensure proper supervision of pathology services 3B Meaning of medical entrepreneur 3C Health service not specified in an item 3D Recognition as specialists of members of certain organisations on advice from the organisation 3DA Period of section 3D recognition 3DB Alternative method of recognition as a specialist or consultant physician 3DC Period of effect of determination 3E Recognition as consultant physicians etc. of certain medical practitioners 3GA Register of Approved Placements 3GB Removal from the Register 3GC Use of computer programs to manage Register of Approved Placements 4 General medical services table 4AAA Multiple general medical services 4AA Diagnostic imaging services table 4AB Multiple diagnostic imaging services 4A Pathology services table 4B Multiple pathology services 4BAA Conditional specification of services in table items 4BA Pathologist‑determinable services 4BB Prescribed pathology services 6 Certain persons in Australia to be treated as eligible persons etc. 6A Certain prescribed persons in Australia to be treated as eligible persons etc. 7 Agreement for reciprocal treatment of visitors to Australia and other countries 7A External Territories 7B Application of the Criminal Code Part II—Medicare benefits 8 Interpretation 8A Minister may determine registered family is FTB(A) family 9 Medicare benefits calculated by reference to fees 10 Entitlement to Medicare benefit 10AA Registered families 10AB Consequences of altered family composition 10AC Safety‑net—families 10ACA Extended safety‑net—families 10AD Safety‑net—individuals 10ADA Extended safety‑net—individuals 10AE Confirmation of family composition 10A Indexation 10B Determinations for subsections 10ACA(7A) and 10ADA(8A) 14 Medicare benefit not to exceed medical expenses incurred 15 Medicare benefit in respect of 2 or more operations 16 Administration of anaesthetic and assistance at operation 16A Medicare benefits in relation to pathology services 16B Medicare benefits in relation to R‑type diagnostic imaging services 16C Medicare benefits in relation to diagnostic imaging services rendered in contravention of State or Territory laws 16D Medicare benefits not payable for certain diagnostic imaging services: registration 16E Medicare benefit is payable once a suspension of a registration is lifted 16EA Medicare benefits not payable for certain diagnostic imaging services: accreditation 16F Medicare benefits not payable for certain radiation oncology services 16G Medicare benefit is payable once a suspension of a registration is lifted 17 Medicare benefits not payable in respect of certain medical expenses 19 Medicare benefit not payable in respect of certain professional services 19AA Medicare benefits not payable in respect of services rendered by certain medical practitioners 19AB Medicare benefits not payable in respect of services rendered by certain overseas trained doctors etc. 19ABA Medicare benefits not payable in respect of services rendered by doctors who breach certain contracts with the Commonwealth 19ABB Waiver of amounts owing by a person who is or was a party to an MRBS contract 19ABC Medicare benefits not payable to certain MRBS participants 19ABD Reconsideration and review of determination that medicare benefits are not payable to certain MRBS participants 19AC Reconsideration and review of decisions under subsection 19AB(3) 19AD My Health Record—medicare benefits not payable in respect of certain professional services 19AE My Health Record—approval of period during which sharing with the My Health Record system is not required 19AF My Health Record—record keeping requirement 19AG My Health Record—advance payment before information is shared with the My Health Record system 19AH My Health Record—recovery of payments 19AI My Health Record—upload rules 19B Medicare benefit not payable in respect of services rendered by disqualified practitioners 19C Medicare benefit not payable where medical practitioner not authorised to render service 19CA Review of decisions 19CB Offence in relation to a medical practitioner rendering an unauthorised service 19CC Offence in relation to a medical practitioner rendering a service for which a medicare benefit is not payable 19D Offences in relation to disqualification of practitioner 19DA Offence in relation to deregistered practitioner 19DB Offence where approval of premises as accredited pathology laboratory has been revoked 20 Persons entitled to medicare benefit 20A Assignment of Medicare benefit 20AA Security interest must not be created in medicare benefit 20AB Approved billing agents 20AC Revoking approvals of billing agents 20AD Review of decisions 20B Claims for medicare benefit 20BA Confirmation of referral to a consultant physician or specialist 20BB Confirmation of other referrals 21 Meaning of eligible midwife 21A Common form of undertaking by eligible midwife 21B Undertaking by eligible midwife 21C Review and effect of refusal by Minister to accept undertaking by eligible midwife 22 Common form of undertaking by eligible nurse practitioner 22A Undertaking by eligible nurse practitioner 22B Review and effect of refusal by Minister to accept undertaking by eligible nurse practitioner Part IIA—Special provisions relating to pathology Division 1—Preliminary 23DA Interpretation 23DB Forms of undertaking 23DBA Categories of eligible pathology laboratories Division 2—Approved pathology practitioners and approved pathology authorities 23DC Giving an acceptance of approved pathology practitioner undertaking 23DD Period of effect of approved pathology practitioner undertaking 23DDA Backdated undertakings 23DE Approved pathology practitioner may terminate undertaking 23DF Giving an acceptance of approved pathology authority undertaking 23DG Period of effect of approved pathology authority undertaking 23DGA Backdated undertakings 23DH Approved pathology authority may terminate undertaking 23DK Request forms and confirmation forms 23DKA Other records of pathology services Division 3—Breaches of undertakings and initiation of excessive pathology services 23DL Breaches of undertakings by approved pathology practitioners and approved pathology authorities Division 4—Accredited pathology laboratories 23DN Accredited pathology laboratories 23DNA Determination of principles for accreditation as pathology laboratory or revocation or variation of accreditation 23DNAAA Backdated approvals Division 4A—Specimen collection centres 23DNBA Grant of approval for collection centre 23DNBB Identification number 23DNG Revocation of approval 23DNH Cancellation of approval 23DNI Partial refund of tax for early cancellation of approval 23DNJ Inspection of specimen collection centres 23DNK Notice that specimen collection centre is approved 23DNL Offence in relation to unapproved specimen collection centres Division 5—Miscellaneous 23DO Review of decisions 23DP Offences in relation to request forms and confirmation forms Part IIB—Special provisions relating to diagnostic imaging services Division 1—Requests for, and records relating to, diagnostic imaging services 23DQ Form etc. of requests 23DR Retention of requests etc. 23DS Other records of diagnostic imaging services Division 1A—Continuing medical education and quality assurance in respect of providers of diagnostic imaging services 23DSA Definitions 23DSB Approval of program 23DSC Registration of participants in approved program 23DSD Deregistration Division 2—Remote area exemptions 23DT Interpretation 23DU Remote areas 23DV Application for remote area exemption 23DW Request for further information 23DX Grant of remote area exemption—provision of services where requirements of subsection 16B(1) are not met 23DXA Grant of remote area exemption—stationing diagnostic imaging equipment and employees at the premises of another practitioner 23DY Restrictions on remote area exemptions under section 23DX 23DYA Restrictions on remote area exemptions under section 23DXA 23DZ Refusal of application 23DZA Commencement and duration of remote area exemption 23DZB Renewal of remote area exemption 23DZC Revocation of remote area exemption 23DZD Review of decisions 23DZE Statements to accompany notification of decisions Division 4—Diagnostic Imaging Register 23DZK Diagnostic Imaging Register 23DZL What is a base for mobile diagnostic imaging equipment? 23DZM What are diagnostic imaging premises? 23DZN Who may apply for registration? 23DZO Who is a proprietor? 23DZP Application procedure 23DZQ Registration 23DZR Primary information 23DZS Register may be maintained electronically 23DZT Extract of the Register to be made available on request 23DZU Minister may publish an extract of the Register on the internet 23DZV Proprietors to notify the Minister of changes to primary information 23DZW Minister may request further information 23DZX Suspension for failure to comply with a request 23DZY Cancellation for failure to provide information within 3 months after the response period 23DZZ Cancellation at the request of the proprietor 23DZZA Cancellation on other grounds 23DZZB Cancellation to be noted on the Register 23DZZC Limits on registration after cancellation under section 23DZY or 23DZZA 23DZZD Minister must invite submissions before cancelling registration 23DZZE Application to Administrative Review Tribunal for review of a decision to cancel registration 23DZZF Proprietor of unregistered premises must notify patients that medicare benefit not payable 23DZZG Proprietor of unregistered base must notify patients that medicare benefit not payable 23DZZH Debt recovery where proprietor fails to inform patient that premises or base not registered 23DZZI Application of this Division to partnerships Division 5—Diagnostic imaging accreditation 23DZZIAA Diagnostic imaging accreditation 23DZZIAB Diagnostic Imaging Register to include accreditation status 23DZZIAC Reconsideration of accreditation decisions 23DZZIAD Reconsideration by Minister of accreditation decisions 23DZZIAE Proprietor of unaccredited premises or base must notify patients that medicare benefit not payable 23DZZIAF Debt recovery if proprietor fails to inform patient that premises or base not accredited 23DZZIAG Application of this Division to partnerships Part IIBA—Prohibited practices in relation to pathology services and diagnostic imaging services Division 1—Preliminary 23DZZIA Objects of Part 23DZZIB Simplified outline 23DZZIC Crown to be bound 23DZZID Definitions 23DZZIE Meaning of requester and provider 23DZZIF Meaning of permitted benefit 23DZZIG Ministerial determinations of permitted benefits 23DZZIH Establishing whether an executive officer took reasonable steps to prevent commission of offence or contravention of civil penalty Division 2—Civil penalty provisions involving requesters, providers and connected persons Subdivision A—Preliminary 23DZZII Simplified outline 23DZZIJ Meaning of connected Subdivision B—Civil penalty provisions 23DZZIK Requester civil penalty provisions—asking for or accepting prohibited benefits 23DZZIL Provider civil penalty provisions—offering or providing prohibited benefits 23DZZIM Provider civil penalty provisions—making threats 23DZZIN Application of this Division to an executive officer of a body corporate Division 3—Offences involving requesters, providers and others 23DZZIO Simplified outline 23DZZIP Extended geographical jurisdiction—category A 23DZZIQ Requester offences—asking for or accepting prohibited benefits 23DZZIR General and provider offences—offering or providing prohibited benefits 23DZZIS General and provider offences—making threats 23DZZIT Application of this Division to an executive officer of a body corporate 23DZZIU Division not limited by Division 2 Part IIC—Radiation Oncology Register 23DZZJ Radiation Oncology Register 23DZZK What is a base for mobile radiation oncology equipment? 23DZZL What are radiation oncology premises? 23DZZM Who may apply for registration? 23DZZN Who is a proprietor? 23DZZO Application procedure 23DZZP Registration 23DZZQ Primary information 23DZZR Register may be maintained electronically 23DZZS Extract of the Register to be made available on request 23DZZT Minister may publish an extract of the Register on the internet 23DZZU Proprietors to notify the Minister of changes to primary information 23DZZV Minister may request further information 23DZZW Suspension for failure to comply with a request 23DZZX Cancellation for failure to provide information within 3 months after the response period 23DZZY Cancellation at the request of the proprietor 23DZZZ Cancellation on other grounds 23DZZZA Cancellation to be noted on the Register 23DZZZB Limits on registration after cancellation under section 23DZZX or 23DZZZ 23DZZZC Minister must invite submissions before cancelling registration 23DZZZD Application to Administrative Review Tribunal for review of a decision to cancel registration 23DZZZE Proprietor of unregistered premises must notify patients that medicare benefit not payable 23DZZZF Proprietor of unregistered base must notify patients that medicare benefit not payable 23DZZZG Debt recovery where proprietor fails to inform patient that premises or base not registered 23DZZZH Application of this Part to partnerships Part IV—Health program grants 39 Interpretation 40 Approval of organizations 41 Approval of health services 41A Approval of health service development projects 42 Entitlement to health program grant 42A Entitlement to grant in respect of approved project 42B Grants in respect of certain payments made by approved organizations 43 Conditions of payment of grants 45 Claims for grants 46 Advances Part IVAA—Payments relating to the former Health and Hospitals Fund 46AA Payments relating to the former Health and Hospitals Fund 46AB Terms and conditions 46AC Appropriation 46AD Constitutional basis Part VA—National Rural Health Commissioner 79AA Object of this Part 79AB Simplified outline of this Part 79AC National Rural Health Commissioner 79AD Functions of the National Rural Health Commissioner 79AE Keeping the Rural Health Minister informed 79AF Appointment 79AG Acting appointments 79AH Terms and conditions 79AI Remuneration 79AJ Leave of absence 79AK Other paid work 79AL Resignation 79AM Termination of appointment 79AN Disclosure of interests 79AO Application of the finance law 79AP Annual report 79AQ Minister may give directions to the National Rural Health Commissioner 79AR Assistance from APS employees 79AS Review of the operation of this Part Part VAA—The Professional Services Review Scheme Division 1—Preliminary 79A Object of this Part 80 Main features of the Professional Services Review Scheme 80A Additional operation of this Part 81 Definitions 82 Definitions of inappropriate practice 82A Meaning of prescribed pattern of services Division 2—The Director and Associate Directors of Professional Services Review and the Professional Services Review Panel 83 The Director of Professional Services Review 83A Associate Directors of Professional Services Review 84 The Professional Services Review Panel 85 Deputy Directors of Professional Services Review Division 3—Role of Chief Executive Medicare 86 Requests by Chief Executive Medicare to Director to review provision of services 87 Chief Executive Medicare must notify person of request Division 3A—Review by Director 88 Director may request further information 88A Director must decide whether to review 88B Scope of Director's review 89 When Director must review 89A Director may refer material to Chief Executive Medicare if certain offences or civil contraventions are suspected 89B Power of Director to require the production of documents or the giving of information 89C Director's action following review 90 Director may consult on decisions 91 Decision to take no further action 92 Agreement entered into between Director and person under review 92A If agreement is not ratified 93 Referral to a Committee 94 Director taken to have made a decision after 12 months Division 4—Professional Services Review Committees Subdivision A—Constitution of Committees 95 Constitution of Committees 96 Challenging appointments to Committees 96A If Committee members are unavailable Subdivision B—Proceedings of Committees 97 Meetings 98 Conduct of meetings 99 Other procedural matters relating to meetings 101 Hearings 102 Notice of hearings 103 Rights of persons under review at hearings—individuals 103A Rights of persons under review at hearings—bodies corporate 104 Failing to appear, give evidence or answer a question—effect on hearing where person under review is an individual 104A Failing to appear, give evidence or answer a question—effect on hearing where person under review is a body corporate 105 Failing to appear, give evidence or answer a question—disqualification for practitioners 105AA Failing to appear, give evidence or answer a question—offence for other persons under review 105A Power of Committee to require the production of documents or the giving of information 106 Conduct of hearings 106A Evidence at hearings 106B Summons to give evidence etc. 106C Allowances for witnesses at hearings 106D Failure to attend 106E Refusal to be sworn or to answer questions 106EA Contempt of Committee 106F Protection of Committee members, representatives and witnesses at hearings Subdivision C—Action to be taken by Committees 106G Application of Subdivision 106GA Notification by Director or Committee that proper investigation is impossible 106H Committee findings, scope of investigation etc. 106J Committee may request Director's review 106K Committee may have regard to samples of services 106KB Generic findings of inappropriate practice 106KC Notification by Committee to Director of matters of concern to profession 106KD Preparation of draft report 106KE Draft report contains no finding of inappropriate practice 106L Final report of Committee 106M Referral of matter to a regulatory body to be mentioned in Committee's report 106N Committee may refer material to Chief Executive Medicare if certain offences or civil contraventions are suspected Division 5—Determining Authority Subdivision A—Establishment etc. of the Determining Authority 106Q The Determining Authority Subdivision B—Ratification of agreements by the Determining Authority 106QA Application of Subdivision 106QB Notification by Director or Authority that action in agreement cannot take effect 106R Authority must ratify or refuse to ratify agreement Subdivision C—Determinations by the Determining Authority 106RA Application of Subdivision 106RB Notification by Director or Authority that proper draft or final determination is impossible 106S Director may give Determining Authority information 106SA Authority to invite submissions before making a draft determination 106T Draft determination 106TA Final determination 106TB Time for doing act affected if court order operates 106U Content of draft and final determinations 106UAA Referral of matter by Determining Authority to a regulatory body not to be taken into account by the Authority in making draft or final determinations 106UA Notification of final determination before it takes effect 106V When final determinations take effect 106W Notification of final determination Division 5A—Referral of professional issues to regulatory and other bodies 106XA Significant threat to life or health 106XB Non‑compliance by a practitioner with professional standards Division 6—Provisions relating to the Director, Associate Directors, Panel members, staff and consultants, the Determining Authority and the provision of services to a Committee or the Authority Subdivision A—The Director 106Y Term of office 106Z Director's terms and conditions of appointment 106ZA Outside employment 106ZB Leave of absence 106ZC Resignation 106ZD Termination of the Director's appointment 106ZE Acting appointments 106ZF Remuneration and allowances Subdivision AB—Associate Directors 106ZFA Term of office 106ZFB Associate Director's terms and conditions of appointment 106ZFC Outside employment 106ZFD Leave of absence 106ZFE Resignation 106ZFF Termination of an Associate Director's appointment 106ZFG Acting appointments 106ZFH Remuneration and allowances Subdivision B—Panel members 106ZG Term of office 106ZH Panel member's terms and conditions of appointment 106ZI Outside employment 106ZJ Resignation 106ZK Termination of a Panel member's appointment 106ZL Remuneration and allowances Subdivision C—Staff and consultants 106ZM Staff 106ZN Arrangements with other Commonwealth bodies 106ZP Engagement of consultants Subdivision D—Provisions relating to Determining Authority 106ZPA Constitution of Determining Authority 106ZPB Appointment of members of the Authority 106ZPC Term of office 106ZPD Terms and conditions of appointment 106ZPE Outside employment 106ZPF Resignation 106ZPG Termination of appointment 106ZPH Acting appointments 106ZPI Remuneration and allowances 106ZPJ Protection of members of the Authority 106ZPK Meetings of the Determining Authority Subdivision E—Provision of services to a Committee and the Determining Authority 106ZPL Director to arrange for provision of services Division 6A—Application of the finance law 106ZPLA Application of the finance law Division 7—Miscellaneous 106ZPM Failing to produce documents or give information—benefits not payable, disqualification etc. 106ZPN Failing to produce documents or give information—offences and civil penalties 106ZPNA Failing to produce documents or give information—court orders for bodies corporate 106ZPO False or misleading answers 106ZPP False or misleading documents 106ZPQ No privilege against self‑incrimination 106ZPR Publication of particulars of agreements and determinations 106ZQ Annual report 106ZR Disclosure of Committee deliberations etc. An Act providing for Payments by way of Medical Benefits and Payments for Hospital Services and for other purposes Part I—Preliminary 1 Short title This Act may be cited as the Health Insurance Act 1973. 2 Commencement This Act shall come into operation on the day on which it receives the Royal Assent. 3 Interpretation (1) In this Act, unless the contrary intention appears: ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999. accredited pathology laboratory means premises in respect of which there is in force an approval under section 23DN. accredited podiatrist means a podiatrist who is accredited by the Minister in writing under section 3AAA. approved accreditor has the meaning given by paragraph 23DZZIAA(1)(b). approved billing agent means a person or body in respect of whom an approval under section 20AB is in force. approved form means a form approved by the Minister, by writing signed by him or her, for the purposes of the provision in which the expression occurs. approved pathology authority means a person in respect of whom there is in force an undertaking given by the person, and accepted by the Minister, under section 23DF. approved pathology practitioner means a person in respect of whom there is in force an undertaking given by the person, and accepted by the Minister, under section 23DC. associate, of a person in relation to a professional service: see subsection 19AD(4). Australia includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island. Australian resident means a person who resides in Australia and who is: (a) an Australian citizen; or (b) a person who is, within the meaning of the Migration Act 1958, the holder of a permanent visa; or (ba) a person who has been granted, or who is included in, a return endorsement or a resident return visa in force under the Migration Act 1958; or (c) a New Zealand citizen who is lawfully present in Australia; or (d) a person (not being a person referred to in paragraph (a), (b), (ba) or (c)) who is lawfully present in Australia and whose continued presence in Australia is not subject to any limitation as to time imposed by law; or (f) a person who: (i) is, within the meaning of the Migration Act 1958, the holder of a temporary visa; and (ia) is not covered by regulations made under subsection 6A(1); and (ii) has applied for a permanent visa under that Act and the application has not been withdrawn or otherwise finally determined; and (iii) has not, both: (A) on or after the commencement of this paragraph, made an application for a protection visa under that Act (whether or not the person has applied for any other visa), other than an application that has been withdrawn or otherwise finally determined; and (B) whether before or after the commencement of this paragraph, made an application for a parent visa under that Act (whether or not the person has applied for any other visa and whether or not the application for the parent visa has been withdrawn or otherwise finally determined); and (iv) has not, whether before or after the commencement of this paragraph, made an application for a parent visa under that Act (whether or not the person has applied for any other visa), other than an application that has been withdrawn or otherwise finally determined; and (v) in respect of whom either: (A) another person, being the person's spouse, parent or child (each having the same meaning as in the Migration Act 1958), is an Australian citizen or the holder of a permanent visa under that Act; or (B) an authority to work in Australia is in force. Australian university has the same meaning as in the Higher Education Support Act 2003. authorised representative has the same meaning as in the My Health Records Act 2012. bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959. base for mobile diagnostic imaging equipment has the meaning given by section 23DZL. base for mobile radiation oncology equipment has the meaning given by section 23DZZK. Bonded Medical Program: see section 124ZD. Bonded Medical Program rules: see section 124ZT. bonded participant: see section 124ZE. census date has the same meaning as in the Higher Education Funding Act 1988. Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997. Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973. chiropractor means a person who is registered under the National Law in the chiropractic profession. civil penalty order means an order under subsection 125A(2). civil penalty provision has the meaning given by section 125B. clinically relevant service means a service rendered by a medical or dental practitioner or an optometrist that is generally accepted in the medical, dental or optometrical profession (as the case may be) as being necessary for the appropriate treatment of the patient to whom it is rendered. complying health insurance policy has the meaning given by section 63‑10 of the Private Health Insurance Act 2007. consultant physician, in relation to a particular specialty (other than general practice), means a medical practitioner in relation to whom there is in force a determination under section 3DB or 3E that the medical practitioner is recognised for the purposes of this Act as a consultant physician in that specialty. course of study in medicine has the same meaning as in the Higher Education Support Act 2003. dental benefit has the same meaning as in the Dental Benefits Act 2008. dental practitioner means a person who is registered under the National Law in the dental profession. diagnostic imaging accreditation scheme means a scheme established by the Minister under section 23DZZIAA. diagnostic imaging equipment means equipment that is primarily used in the carrying out of a diagnostic imaging procedure. diagnostic imaging premises has the meaning given by section 23DZM. diagnostic imaging procedure means a procedure for the production of images (for example, X‑rays, computerised tomography scans, ultrasound scans, magnetic resonance imaging scans and nuclear scans) for use in the rendering of diagnostic imaging services. Diagnostic Imaging Register means the Register kept under section 23DZK. diagnostic imaging service means: (a) an R‑type diagnostic imaging service; or (b) an NR‑type diagnostic imaging service; to which an item of the diagnostic imaging services table relates. diagnostic imaging services table means the table prescribed under section 4AA. eligible location means: (a) an area prescribed by the Bonded Medical Program rules as a regional, rural or remote area; or (b) an area prescribed by the Bonded Medical Program rules as an area of workforce shortage. eligible midwife has the meaning given by section 21. eligible nurse practitioner means a person who: (a) is a nurse practitioner; and (b) meets the requirements (if any) specified in the regulations for the purposes of this paragraph. eligible overseas representative means a person who is: (a) the head of a diplomatic mission of another country, or the head of a consular post of another country, established in Australia; or (b) a member of the staff of such a diplomatic mission, or a member of the staff of such a consular post; or (c) a member of the family of a person referred to in paragraph (a) or (b), being a member who forms part of the household of that person; being a person who is neither an Australian citizen nor a person domiciled in Australia but who, under an agreement between the Government of the Commonwealth and the Government of that other country, is to be treated, for the purpose of the provision of medical, hospital and other care, as if the person were an Australian resident. eligible person means an Australian resident or an eligible overseas representative. excessive pathology service means a pathology service: (a) in respect of which medicare benefit has become or may become payable; and (b) that is not reasonably necessary for the adequate medical or dental care of the patient concerned. extended compliance determination has the meaning given by subsection 124ZUA(1). finally determined has the same meaning as in the Migration Act 1958. friendly society means: (a) a body that is a friendly society for the purposes of the Life Insurance Act 1995; or (b) a body that is registered or incorporated as a friendly society under a law of a State or Territory; or (c) a body that is permitted, by a law of a State or Territory, to assume or use the expression friendly society; or (d) a body that, immediately before the date that is the transfer date for the purposes of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999, was registered or incorporated as a friendly society under a law of a State or Territory. general medical services table, means the table prescribed under section 4. general practitioner means: (a) a medical practitioner who is registered under the National Law in the specialty of general practice; or (b) a medical practitioner of a kind prescribed by the regulations for the purposes of this paragraph. hospital has the meaning given by subsection 121‑5(5) of the Private Health Insurance Act 2007. hospital service means a health service of a kind provided in a hospital and includes: (a) accommodation in a hospital for the purposes of receiving treatment; and (b) nursing care and treatment; and (c) medical care and treatment including diagnostic services; and (d) outpatient, accident and emergency services. hospital‑substitute treatment has the same meaning as in the Private Health Insurance Act 2007. hospital treatment has the meaning given by section 121‑5 of the Private Health Insurance Act 2007. Human Services Department means the Department administered by the Human Services Minister. Human Services Minister means the Minister administering the Human Services (Centrelink) Act 1997. Immigration Department means the Department administered by the Minister administering the Migration Act 1958. initiate, in relation to a pathology service or a diagnostic imaging service, means make the decision by reason of which the service is rendered. item means an item in the table. listed: (a) in relation to diagnostic imaging equipment—has the meaning given by subsections 16D(4) and (5); and (b) in relation to radiation oncology equipment—has the meaning given by subsections 16F(6) and (7). medical entrepreneur has the meaning given by section 3B. medical expenses means an amount payable in respect of a professional service. medical practitioner means a person who is registered under the National Law in the medical profession. medicare benefit means a medicare benefit under Part II. medicare number has the same meaning as in subsection 84(1) of the National Health Act 1953. medicare program has the same meaning as in the Human Services (Medicare) Act 1973. midwife means a person who is registered under the National Law in the midwifery profession. Migration Regulations means regulations made under the Migration Act 1958. month means a month of the year. My Health Record system has the same meaning as in the My Health Records Act 2012. My Health Record System Operator means the System Operator within the meaning of the My Health Records Act 2012. National Law means: (a) for a State or Territory (other than Western Australia)—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld), as it applies (with or without modification) as a law of the State or Territory; or (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 (WA), so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld). nominated representative has the same meaning as in the My Health Records Act 2012. NR‑type diagnostic imaging service means a diagnostic imaging service corresponding to an item of the diagnostic imaging services table that is classified as an NR‑type service in the table. nurse practitioner means a person who is registered under the National Law in the nursing profession as a nurse practitioner. nursing care means nursing care given by or under the supervision of a registered nurse. nursing‑home type patient, in relation to a hospital, means a patient in the hospital who has been provided with accommodation and nursing care, as an end in itself, for a continuous period exceeding 35 days. optometrist means a person who is registered under the National Law in the optometry profession. ordinarily located: (a) in relation to diagnostic imaging premises—has a meaning affected by subsection 16D(6); and (b) in relation to bases for mobile diagnostic imaging equipment—has a meaning affected by subsection 16D(8); and (c) in relation to radiation oncology premises—has a meaning affected by subsection 16F(8); and (d) in relation to bases for mobile radiation oncology equipment—has a meaning affected by subsection 16F(10). organization means a society, body or group of persons, whether corporate or unincorporate. osteopath means a person who is registered under the National Law in the osteopathy profession. out‑patient service, in relation to a hospital, means a health service or procedure provided by the hospital to an eligible person other than a patient of the hospital. paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise). parent visa: a person has applied for a parent visa if: (a) the person has applied for a permanent visa included in a class of visas under the Migration Regulations, being a class that has the word "parent" in its title; or (b) before 1 November 1999 the person applied for a Change in Circumstance (Residence) (Class AG) visa, a Family (Residence) (Class AO) visa or a General (Residence) (Class AS) visa under the Migration Regulations and: (i) the person was nominated for the grant of that visa by a child of the person, being a child who was at least 18 years old when the application was made; or (ii) the person was included in an application made by a person covered by subparagraph (i). participating midwife means: (a) if the Minister has approved a common form of undertaking under section 21A—an eligible midwife in respect of whom there is in force an undertaking given by him or her and accepted by the Minister under section 21B; or (b) otherwise—an eligible midwife. participating nurse practitioner means: (a) if the Minister has approved a common form of undertaking under section 22—an eligible nurse practitioner in respect of whom there is in force an undertaking given by him or her and accepted by the Minister under section 22A; or (b) otherwise—an eligible nurse practitioner. pathologist‑determinable service means a pathology service specified, or a pathology service included in a class of pathology services specified, in a determination in force under section 4BA. pathology service means a medical service to which an item of the pathology services table relates. pathology services table, means the table prescribed under section 4A. patient, in relation to a hospital, does not include: (a) a member of the staff of the hospital who is receiving treatment in his or her own quarters; or (b) except as provided by subsection (2), a newly‑born child whose mother also occupies a bed in the hospital. patient contribution means: (b) in relation to a nursing‑home type patient of a recognized hospital in a State such amount as is determined by the Minister from time to time for the purposes of this paragraph with respect to that State; (c) in relation to a nursing‑home type patient of a recognized hospital in an internal Territory, such amount as is determined by the Minister from time to time for the purposes of this paragraph in relation to that Territory; or (d) in relation to a nursing‑home type patient of a private hospital in a State or internal Territory, such amount as is determined by the Minister from time to time for the purposes of this paragraph with respect to that State or Territory. pecuniary penalty order means an order made under section 125A. permanent visa has the same meaning as in the Migration Act 1958. physiotherapist means a person who is registered under the National Law in the physiotherapy profession. podiatrist means a person who is registered under the National Law in the podiatry profession. practitioner means a medical practitioner or a dental practitioner. prescribed pathology service means a pathology service specified, or a pathology service included in a class of pathology services specified, in a determination in force under section 4BB. primary information: (a) for the purposes of Division 4 of Part IIB—has the meaning given by section 23DZR; and (b) for the purposes of Part IIC—has the meaning given by section 23DZZQ. private health insurer has the same meaning as in the Private Health Insurance Act 2007. private hospital means a hospital in respect of which there is in force a statement under subsection 121‑5(8) of the Private Health Insurance Act 2007 that the hospital is a private hospital. private patient, in relation to a hospital, means a patient of the hospital who is not a public patient. professional attention means: (a) medical or surgical treatment by or under the supervision of a medical practitioner; or (b) obstetric treatment by or under the supervision of a medical practitioner or a registered nurse with obstetric qualifications; or (c) dental treatment by or under the supervision of a dental practitioner; or (d) podiatric treatment by an accredited podiatrist. professional service means: (a) a service (other than a diagnostic imaging service) to which an item relates, being a clinically relevant service that is rendered by or on behalf of a medical practitioner; or (b) a prescribed medical service to which an item relates, being a clinically relevant service that is rendered by a dental practitioner approved by the Minister in writing for the purposes of this definition; or (c) a service to which an item relates, being a clinically relevant service that is rendered by an optometrist; or (d) a pathology service that is rendered by or on behalf of an approved pathology practitioner pursuant to a request made in accordance with subsection 16A(4) by: (i) a treating practitioner; or (ii) another approved pathology practitioner who received a request for the service made by the treating practitioner; or (e) a pathology service (other than a service referred to in paragraph (d)) that is a clinically relevant service rendered by or on behalf of an approved pathology practitioner other than a medical practitioner; or (f) a diagnostic imaging service that is rendered by or on behalf of a medical practitioner pursuant to a subsection 16B(1) request; or (g) a diagnostic imaging service (other than a service referred to in paragraph (f)) that is a clinically relevant service rendered by or on behalf of a medical practitioner. Note: See subsection (17) for when a service is taken to be rendered on behalf of a medical practitioner. proprietor: (a) in relation to a pathology laboratory—means the person or authority having effective control of: (i) the laboratory premises, whether or not the holder of an estate or interest in the premises; and (ii) the use of equipment used in the laboratory; and (iii) the employment of staff in the laboratory; and (b) in relation to diagnostic imaging premises or a base for mobile diagnostic imaging equipment—has the meaning given by section 23DZO; and (c) in relation to radiation oncology premises or a base for mobile radiation oncology equipment—has the meaning given by section 23DZZN; and (d) in relation to other premises—means the person, authority or body of persons having effective control of the premises, whether or not he or she or it is the holder of an estate or interest in the premises. protection visa means a permanent or temporary visa included in a class of visas under the Migration Regulations, being a class that has the word "protection" in its title. public hospital service means a hospital service provided in: (a) a recognised hospital; or (b) a hospital in respect of which the Commonwealth, or a State, provides funding for the provision of hospital services to public patients. public patient, in relation to a hospital, means a patient in respect of whom the hospital provides comprehensive care, including all necessary medical, nursing and diagnostic services and, if they are available at the hospital, dental and paramedical services, by means of its own staff or by other agreed arrangements. radiation oncology equipment means equipment that is primarily used in rendering a radiation oncology service. radiation oncology premises has the meaning given by section 23DZZL. Radiation Oncology Register means the Register kept under section 23DZZJ. radiation oncology service has the meaning given by subsection 16F(2). recognised hospital means a hospital in respect of which there is in force a statement under subsection 121‑5(8) of the Private Health Insurance Act 2007 that the hospital is a public hospital. registered: (a) in relation to diagnostic imaging premises—has the meaning given by subsection 16D(2); and (b) in relation to a base for mobile diagnostic imaging equipment—has the meaning given by subsection 16D(3); and (c) in relation to radiation oncology premises—has the meaning given by subsection 16F(4); and (d) in relation to a base for mobile radiation oncology equipment—has the meaning given by subsection 16F(5). registered nurse means a person who is registered under the National Law in the nursing profession as a registered nurse. relevant dental benefits offence means: (a) an offence against section 50, 51, 52, 53 or 54 of the Dental Benefits Act 2008; or (b) an offence against: (i) section 6 of the Crimes Act 1914; or (ii) section 11.1, 11.4 or 11.5 of the Criminal Code; that relates to an offence referred to in paragraph (a) of this definition; or (c) an offence against section 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1, 144.1, 145.1, 145.4 or 145.5 of the Criminal Code that relates to a claim for payment in respect of the rendering of a dental service (within the meaning of the Dental Benefits Act 2008). resolved, in relation to an application under section 19AE: see subsections 19AE(10) and (11). return of service obligation: see section 124ZF. RoSO compliance period means the period referred to in paragraph 124ZF(2)(a). R‑type diagnostic imaging service means a diagnostic imaging service corresponding to an item of the diagnostic imaging services table that is classified as an R‑type service in the table. Rural Health Minister means the Minister responsible for health in rural, regional or remote areas. Secretary means the Secretary of the Department. shares with the My Health Record system has the same meaning as in the My Health Records Act 2012. specialist, in relation to a particular specialty (other than general practice), means a medical practitioner in relation to whom there is in force a determination under section 3DB or 3E that the medical practitioner is recognised for the purposes of this Act as a specialist in that specialty, or a medical practitioner who is taken to be so recognised under section 3D. subsection 16B(1) request means a request of a kind referred to in subsection 16B(1). table means the table consisting of: (a) the general medical services table; and (b) the pathology services table; and (c) the diagnostic imaging services table. upload exception applies: see subsection 19AD(3). upload rules: see section 19AI. Veterans' Affairs Department means the Department administered by the Veterans' Affairs Minister. Veterans' Affairs Minister means the Minister administering the Veterans' Entitlements Act 1986. (1A) In this Act, unless the contrary intention appears, a word or phrase defined for the purposes of the National Health Act 1953 has the meaning that it would have if used in that Act. (2) For the purposes of this Act: (a) a newly‑born child who occupies an approved bed in an intensive care facility in a hospital, being a facility approved by the Minister for the purposes of this subsection, for the purpose of the provision of special care shall be deemed to be a patient of the hospital; and (b) where there are two or more newly born children of the same mother in a hospital and those children are not in‑patients of the hospital by virtue of paragraph (a)—each such child in excess of 1 shall be deemed to be a patient of the hospital. (3) Where an anaesthetic is administered to a patient: (a) pre‑medication of the patient in preparation for the administration of the anaesthetic; and (b) pre‑operative examination of the patient in preparation for the administration of the anaesthetic, being an examination carried out during the attendance at which the anaesthetic is administered; shall, for the purposes of this Act, be deemed to form part of the professional service constituted by the administration of the anaesthetic. (4) Unless the contrary intention appears, a reference in this Act to a professional attendance or to an attendance is a reference to an attendance by a medical practitioner on a patient, including an attendance at the medical practitioner's rooms or surgery. (5) Unless the Minister otherwise directs, a professional service, not being a service specified in an item in the general medical services table that is expressed to relate to a professional attendance by a medical practitioner (however described), a dental practitioner, an optometrist, a participating midwife or a participating nurse practitioner, shall be deemed to include all professional attendances necessary for the purposes of post‑operative treatment of the person to whom the professional service is rendered. (5A) For the purposes of this Act, a pathology service shall be deemed to include any necessary interpretation, analysis or reporting. (5B) For the purposes of this Act, a diagnostic imaging service is taken to include any necessary interpretation, analysis or reporting. (5C) For the purposes of this Act, if the descriptions of 2 diagnostic imaging services in the diagnostic imaging services table differ from each other only so far as one service is indicated to be an R‑type diagnostic imaging service and the other is indicated to be an NR‑type diagnostic imaging service, the first‑mentioned service is taken to be an R‑type diagnostic imaging service for which there is a corresponding NR‑type diagnostic imaging service. (6) Where a professional service rendered to a person includes a medical procedure that would, but for this subsection, itself be a professional service, that procedure shall, in respect of that person, be deemed not to be a professional service. (14) For the purposes of the definition of patient contribution in subsection (1), Norfolk Island is taken to form part of the State of New South Wales. (15) For the purposes of the definition of recognized hospital in subsection (1), State includes the Northern Territory. (16) In approving a form for the purposes of the definition of approved form in subsection (1), the Minister may specify a disc, tape, film or other medium as the means by which the information to be contained in the form is to be or may be set out. (17) For the purposes of this Act and the regulations, a service is taken to be rendered on behalf of a medical practitioner if, and only if: (a) it is rendered by another person who is not a medical practitioner, and who provides the service, in accordance with accepted medical practice, under the supervision of the medical practitioner; and (b) it is not a service of a kind specified in regulations made for the purposes of this paragraph. (18) If: (a) a professional service prescribed by the regulations for the purposes of this paragraph is rendered by a medical practitioner who is a specialist trainee (see subsection (20)); and (b) the specialist trainee renders the service under the supervision of another medical practitioner who is present at all times while the specialist trainee renders the service; then, for the purposes of this Act and the regulations: (c) the service is taken to have been rendered by the other medical practitioner; and (d) the service is taken not to have been rendered by the specialist trainee. (19) The regulations may prescribe provisions of this Act and of the regulations to which subsection (18) does not apply. (20) In subsection (18): specialist trainee has the meaning given by regulations made for the purposes of this subsection. 3AAA Accreditation of podiatrists (1) The Minister may, in accordance with guidelines determined under subsection (2), decide whether to accredit a podiatrist. (2) The Minister may, by legislative instrument: (a) determine guidelines for making a decision as to whether a podiatrist is to be accredited; and (b) from time to time, vary or revoke any guidelines so made. (3) A decision as to whether a podiatrist should be accredited must be made in accordance with the guidelines in force at the time the decision is made. (5) As soon as practicable after making a decision to accredit, or to refuse to accredit, a podiatrist, the Minister must notify the podiatrist, in writing, of that decision. If the decision is a decision to refuse to accredit, the notification must include reasons for the refusal. 3AAB Review by Administrative Review Tribunal If the Minister has made a decision refusing to accredit a podiatrist, application may be made to the Administrative Review Tribunal for review of the decision. 3AA Approved pathology practitioners to ensure proper supervision of pathology services (1) For the purposes of this Act, a pathology service is not taken to be rendered on behalf of an approved pathology practitioner unless the practitioner has arranged for proper supervision of the rendering of the service. (2) For the purposes of this Act, an approved pathology practitioner is not taken to have arranged for proper supervision of the rendering of a pathology service unless the practitioner: (a) ensures that a properly qualified person supervises the rendering of the service; and (b) has personal responsibility for the proper rendering of the service. (3) The question whether an approved pathology practitioner ensured that a properly qualified person supervised the rendering of a pathology service is to be determined in accordance with principles determined under subsection (4) by the Minister. (4) The Minister may, by legislative instrument, determine principles for the purposes of subsection (3). 3B Meaning of medical entrepreneur For the purposes of this Act, a person is a medical entrepreneur if the person: (a) employs a person mentioned in an item in the following table to render a service mentioned in the item; or (b) is in a position to exercise control over a person mentioned in an item in the table rendering a service mentioned in the item; or (c) leases, or otherwise makes available, to another person mentioned in an item in the table premises at which the other person renders a service mentioned in the item; or (d) receives or obtains any property, benefit or advantage from the rendering of a service mentioned in an item in the table by a person mentioned in the item. Item Column 1 Column 2 Person Service 1 practitioner medical service 2 participating midwife midwifery service 3 participating nurse practitioner nurse practitioner service 3C Health service not specified in an item (1) The Minister may, by legislative instrument, determine that: (a) a specified health service, or a health service included in a specified class of health services, being a health service not specified in an item in the table, shall, or shall in specified circumstances, be treated, for the purposes of specified provisions of this Act, the regulations, the National Health Act 1953 or the regulations under that Act, as if: (i) the health service were whichever of the following is specified in the determination, namely: (A) both a professional service and a medical service; (B) a medical service; and (ii) there were an item in the general medical services table, the pathology services table or the diagnostic imaging services table that: (A) related to the health service; and (B) specified in respect of the health service a fee in relation to a State, being the fee and the State specified in the determination in relation to the health service; and (b) a specified provision of the regulations, a specified instrument made under or given pursuant to this Act or a specified provision of a specified instrument made under or given pursuant to this Act, being a provision or instrument, as the case may be, in which all or any of the following are specified, namely, a professional service, medical service or item, shall, or shall in specified circumstances, have effect as if: (i) the health service; or (ii) the item that, by virtue of subparagraph (a)(ii), relates to the health service; as the case requires, were also specified in the provision or instrument, as the case may be. (2) Subsection 12(2) of the Legislation Act 2003 does not apply to a determination under subsection (1) of this section. Note: Subsection 12(2) of the Legislation Act 2003 is about the retrospective application of legislative instruments. (2A) A determination under subsection (1) may provide that the total of all amounts of medicare benefit paid or payable in respect of one or more eligible dental services provided to a person in a specified period must not exceed a specified amount. (2B) If a determination makes provision as mentioned in subsection (2A), medicare benefit is not payable, despite Part II, in respect of an eligible dental service provided to a person in the specified period to the extent that the total of all amounts of medicare benefit paid or payable for all such eligible dental services provided to the person in the specified period exceeds the specified amount. (3) A determination made under subsection (1) may make provision for and in relation to the specification of a matter or thing by applying, adopting or incorporating, with or without modification, the provisions of this Act or the regulations as in force at a particular time or as in force from time to time. (7) For the purposes of this section, an internal Territory shall be deemed to form part of the State of New South Wales. (7A) For the purposes of this section, Norfolk Island is taken to form part of the State of New South Wales. (8) In this section: eligible dental service means: (a) dental treatment; and (b) a health service described in paragraph (d) of the definition of health service. health service means: (a) medical, surgical, obstetric, dental or optometrical treatment; and (b) any other prescribed service, or service included in a prescribed class of services, whether or not related to treatment referred to in paragraph (a), that relates to health; and (d) the supply of prostheses in connection with dental treatment; but does not include the supply of any other prostheses. service includes the supply of goods. 3D Recognition as specialists of members of certain organisations on advice from the organisation (1) A medical practitioner is taken to be recognised as a specialist in a particular specialty (other than general practice), for the purposes of this Act, if a relevant organisation in relation to the specialty gives the Chief Executive Medicare written notice stating that the medical practitioner meets the criteria for the specialty (see subsection (2)). (2) A medical practitioner meets the criteria for a specialty if the medical practitioner: (a) is domiciled in Australia; and (b) is a fellow of a relevant organisation in relation to the specialty (other than general practice); and (c) has obtained, as a result of successfully completing an appropriate course of study, a relevant qualification in relation to the relevant organisation. (3) The Chief Executive Medicare must notify the medical practitioner as soon as reasonably practicable of his or her recognition as a specialist in the specialty (other than general practice). (4) This section does not limit section 3DB. (5) In this section: relevant organisation, in relation to a specialty (other than general practice), means an organisation declared by the regulations to be a professional organisation in relation to the specialty. relevant qualification, in relation to a relevant organisation, means a qualification declared by the regulations to be a relevant qualification in relation to the relevant organisation. 3DA Period of section 3D recognition (1) The recognition of a medical practitioner as a specialist in a particular specialty (other than general practice) under subsection 3D(1) has effect, or is taken to have had effect, on and from the day specified in the notice given to the medical practitioner under subsection 3D(3). (2) The day specified may be before the day on which the notice is given, but must not be before the day specified by the relevant organisation to be the day on which the medical practitioner first met the criteria for the specialty. (3) The recognition of a medical practitioner as a specialist in a specialty (other than general practice) under subsection 3D(1) ceases if: (a) a relevant organisation in relation to the specialty gives the Chief Executive Medicare written notice stating that the medical practitioner no longer meets the criteria for the specialty, or has ceased to practise medicine in Australia; or (b) the medical practitioner requests that he or she cease to be so recognised. Note: A medical practitioner's recognition as a specialist cannot cease under this subsection if that recognition is due to Schedule 3 to the Health and Ageing Legislation Amendment Act 2004. 3DB Alternative method of recognition as a specialist or consultant physician (1) A medical practitioner may apply to the Minister for a determination that the medical practitioner is a specialist or consultant physician in a particular specialty (other than general practice) if: (a) the medical practitioner is domiciled in Australia; and (b) the medical practitioner is registered under the National Law as a specialist in a particular specialty (other than general practice). (2) A medical practitioner may also apply to the Minister for a determination that the medical practitioner is a specialist or consultant physician in a particular specialty (other than general practice) if the medical practitioner meets the criteria for the specialty, within the meaning of subsection 3D(2). (3) An application under subsection (1) or (2) must be in writing. (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. 3DC Period of effect of determination (1) A determination under paragraph 3DB(4)(a) that a medical practitioner is recognised as a specialist or consultant physician in a particular specialty (other than general practice) has effect, or is taken to have had effect, on and from the day specified in the determination. (2) The day specified may be before the day on which the determination is made. (3) The determination ceases to have effect if: (a) the medical practitioner ceases to be domiciled in Australia; or (b) the medical practitioner ceases to practise medicine in Australia. (4) The Minister must revoke the determination if the medical practitioner requests that the Minister do so. 3E Recognition as consultant physicians etc. of certain medical practitioners (1) The Minister may make a determination in writing that a particular medical practitioner who is not domiciled in Australia should be recognised for the purposes of this Act for a specified period as a consultant physician, or as a specialist, in a particular specialty (other than general practice). (2) The Minister shall not make a determination under s