Health Insurance Act 1973

An approval (the current approval) under subsection 23DN(2) in respect of premises may specify, as the day on which the approval is taken to have taken effect, a day earlier than the day on which the application for the approval was received by the Minister if:

one month before the day on which the approval was given, an approval (the previous approval) previously given under subsection 23DN(2) in respect of the premises had been in force; and

the previous approval ceased to have effect during the month ending on the day before that day; and

the application for the current approval was not received by the Minister before the previous approval ceased to have effect; and

the Minister is satisfied that the reason for the application for the current approval not being made before the previous approval ceased to have effect was:

minor inadvertence on the person’s part; or

circumstances beyond the person’s control; and

the Minister is satisfied that it is in the public interest to specify an earlier day as the day on which the current approval is taken to have taken effect.

The earlier day specified in the approval must be the day after the day on which the previous approval ceased to have effect.

Without limiting the matters to which the Minister may have regard in considering for the purposes of paragraph (1)(e) whether it would be in the public interest to specify an earlier day, the Minister must have regard to:

whether the person would suffer financial hardship if an earlier day was not specified; and

whether substantial inconvenience would be caused to other persons who would not be eligible to receive medicare benefit for the rendering of certain professional services if an earlier day was not specified.