Interpretation
124B Interpretation
In this Part, unless the contrary intention appears:
Chairperson means a Chairperson of Medicare Participation Review Committees appointed under section 124C.
Committee means a Medicare Participation Review Committee established under section 124E.
determination means a determination made under subsection 124F(1), (2) or (6), 124FB(1), 124FC(1) or 124FF(1), (2) or (5).
hearing means a hearing conducted by a Committee under subsection 124G(1).
legal practitioner means a person who is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory.
member, in relation to a Committee, includes the Chairperson.
officer, in relation to a body corporate, means a director, secretary, manager or employee of the body corporate.
practitioner means:
a medical practitioner; or
a dental practitioner; or
an optometrist; or
a midwife; or
a nurse practitioner; or
a chiropractor; or
a physiotherapist; or
a podiatrist; or
an osteopath; or
a health professional of a kind determined by the Minister under subsection (7) to be a practitioner for the purposes of this Part.
professional organisation means an organisation or association declared by the regulations to be a professional organisation for the purposes of this definition.
relevant civil contravention means a contravention of a civil penalty provision in Division 2 of Part IIBA.
relevant offence means:
an offence against section 128A, 128B, 129 or 129AA of this Act, being an offence that is committed after the commencement of this Part; or
an offence against section 128C that is committed after the commencement of this paragraph; or
an offence against section 23DR or 23DS that is committed after the commencement of this paragraph; or
an offence against Division 3 of Part IIBA that is committed after the commencement of this paragraph; or
an offence against section 129, 129AA or 129AAA of this Act as in force before the commencement of this Part, being an offence of which a person has been convicted after the commencement of this Part; or
an offence against:
section 6 of the Crimes Act 1914; or
section 11.1, 11.4 or 11.5 of the Criminal Code;
being an offence that:
relates to an offence referred to in paragraph (a) and is committed after the commencement of this Part; or
relates to an offence referred to in paragraph (aa) or (ac); or
relates to an offence referred to in paragraph (b) and is an offence of which a person has been convicted after the commencement of this Part; or
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, being an offence relating to a claim for payment in respect of the rendering of a professional service; or
an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that is committed after the commencement of this paragraph and that relates to:
an application under section 5 or 5B; or
a statement or report under section 130A; or
a notification under section 130B.
A reference in this Part to a conviction of an offence includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to the offence.
In this Part, a reference to an appeal against a conviction or pecuniary penalty order includes a reference to:
an appeal against a decision of a court wholly or partly dismissing an appeal against the conviction or order; or
where an appeal lies only by leave or special leave—an application for leave or special leave to appeal; or
any proceedings in which the validity of the conviction or order is in question;
and a reference to a right to appeal against a conviction or pecuniary penalty order shall be construed accordingly.
A reference in this Part to an approved pathology practitioner includes a reference to a person who has been an approved pathology practitioner.
A reference in this Part to an approved pathology authority includes a reference to a person who has been an approved pathology authority.
A reference in this Part to a practitioner includes a reference to a person who has been a practitioner.
The Minister may, by legislative instrument, determine that a health professional of a particular kind (being a health professional who provides a health service within the meaning of subsection 3C(8)) is a practitioner for the purposes of this Part.
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