Document ID: chunk:federal_register_of_legislation:F2020L01035:reg:7
Version: federal_register_of_legislation:F2020L01035
Segment Type: reg
Provision Reference: reg 7
Character Range: 4161–6484

7  Making of determinations under subsection 124F(2)
 (1) In making a determination under subsection 124F(2) of the Act regarding either a conviction for a relevant offence or a pecuniary penalty order made in respect of a relevant civil contravention, a Committee shall have regard to the matters set out in subsections 7(2) and (3).
 (2) The nature and circumstances regarding the commission of the relevant offence or relevant civil contravention, including:
 (a) the number of offences or civil contraventions;
 (b) the date of commission of each offence or civil contravention;
 (c) the facts of each offence or civil contravention;
 (d) the penalty, if any, imposed by the court on the practitioner or provider for each offence or civil contravention; and
 (e) the reasons for the court's decision and any other statements made by the court regarding its consideration of each offence or civil contravention.
 (3) The nature and circumstances regarding the commission of any previous relevant offence of which the practitioner or provider has been convicted, or any previous relevant civil contravention for which a pecuniary penalty order has been made against either the practitioner or provider, including:
 (a) the number of offences or civil contraventions;
 (b) the date of commission of each offence or civil contravention;
 (c) the facts of each offence or civil contravention;
 (d) the penalty, if any, imposed by the court on the practitioner or provider for each offence or civil contravention;
 (e) the reasons for the court's decision and any other statements made by the court regarding its consideration of each offence or civil contravention;
 (f) any previous determination by a Committee regarding an offence or civil contravention by the practitioner or provider and the reasons given in a notice under subsection 124Q(1) for making the determination;
 (g) where any such determination imposed a period of disqualification on a practitioner, the length and date of termination of and the services covered by, the disqualification; and
 (h) where any such determination specified a period during which medicare benefits were not payable for specified services rendered by or on behalf of a provider, the length and date of termination of the period and the services specified in the determination.