Definitions
4 Definitions
In this Act:
Australian resident has the same meaning as in section 5G of the Veterans’ Entitlements Act 1986.
British Commonwealth Occupation Force participant means a person who was a member of the Australian Defence Force who served in the British Commonwealth Occupation Force in Japan at any time during the period from the beginning of 31 January 1946 to the end of 28 April 1952.
Commission has the same meaning as in the Military Rehabilitation and Compensation Act 2004.
dishonestly has the meaning given by subsection (2).
eligible person means a person who, under section 7, is eligible to be provided with treatment under this Act.
hospital or other institution includes the following:
an approved residential care home (within the meaning of the Aged Care Act 2024);
a medical centre;
an out‑patient clinic;
a rehabilitation establishment.
medical service provider means a person:
who is a pathology practitioner; or
who is a proprietor of premises at which pathology services are rendered; or
who is a proprietor of a hospital or other institution that is not operated by the Commonwealth, a State or a Territory; or
who is acting on behalf of a proprietor of such a hospital or other institution.
nuclear test area has the meaning given by subsection 5(4).
nuclear test participant means a person who is a nuclear test participant under one or more of subsections 5(1), (2), (3), (3A) and (3C).
pathology practitioner means a person in respect of whom there is in force an undertaking given by the person, and accepted by the Minister administering the Health Insurance Act 1973, under section 23DC of that Act.
pathology service has the meaning given by subsection 3(1) of the Health Insurance Act 1973.
pharmaceutical benefits means drugs, medicinal preparations and other pharmaceutical items (including aids to treatment and dressings) for the treatment of sicknesses or injuries suffered by human beings.
proprietor means:
in relation to premises—the person, authority or body of persons having effective control of the premises (whether or not that person, authority or body is the holder of an estate or interest in the premises); and
in relation to a hospital or other institution—the proprietor (within the meaning of paragraph (a)) of the premises occupied by the hospital or other institution.
Repatriation Pharmaceutical Benefits Scheme means the Repatriation Pharmaceutical Benefits Scheme in force under section 91 of the Veterans’ Entitlements Act 1986.
Repatriation Private Patient Principles means the Repatriation Private Patient Principles in force under section 90A of the Veterans’ Entitlements Act 1986.
staff member assisting the Commission means a person engaged under the Public Service Act 1999 and made available for the purposes of this Act by the Secretary of the Department.
treatment means treatment (within the meaning of subsection 80(1) of the Veterans’ Entitlements Act 1986).
That subsection covers treatment of malignant neoplasia and the provision of diagnostic services.
Treatment Principles means the Treatment Principles in force under section 90 of the Veterans’ Entitlements Act 1986.
For the purposes of this Act, a person engages in conduct dishonestly if:
the person engages in conduct; and
the conduct is dishonest according to the standards of ordinary people; and
the defendant knows the conduct is dishonest according to the standards of ordinary people.
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