Document ID: chunk:federal_register_of_legislation:C2025C00097:section:5:p18
Version: federal_register_of_legislation:C2025C00097
Segment Type: section
Provision Reference: s 5 (pt 18/56)
Character Range: 127364–130303

necessary approvals by a State or Territory, or by an authority of a State or Territory, have been obtained in relation to the facility; and
 (d) whether the accreditation requirements of an appropriate accrediting body have been met; and
 (e) whether undertakings have been made, or have been complied with, relating to providing to private health insurers information, of the kind specified in the Private Health Insurance (Health Insurance Business) Rules, relating to treatment of persons insured under *complying health insurance products that are *referable to *health benefits funds; and
 (ea) if the Minister is deciding whether to revoke such a declaration—any contravention of conditions to which the declaration is subject; and
 (f) any other matters specified in the Private Health Insurance (Health Insurance Business) Rules.
 (8) A declaration under subsection (6) that a facility is a *hospital must include either a statement that the hospital is a public hospital or a statement that the hospital is a private hospital.

121‑7  Conditions on declarations of hospitals
 (1) A declaration under paragraph 121‑5(6)(a) that a facility is a hospital is subject to:
 (a) any conditions specified under subsection (2); and
 (b) any conditions that the Minister specifies under subsection (3) in relation to the facility.
Note: Decisions by the Minister to specify conditions in relation to particular facilities are reviewable under Part 6‑9.
 (2) The Private Health Insurance (Health Insurance Business) Rules may specify conditions to which declarations under paragraph 121‑5(6)(a) are subject. Any conditions so specified apply to all such declarations, whether or not the declarations were made before the conditions were so specified.
 (3) The Minister may specify:
 (a) in a declaration under paragraph 121‑5(6)(a) relating to a facility; or
 (b) in a written notice given to a facility for which such a declaration is already in force;
conditions, or additional conditions, to which the declaration is subject.
 (4) A contravention of a condition to which a declaration under paragraph 121‑5(6)(a) is subject does not cause the declaration to cease to have effect.
Note: Contraventions are taken into consideration in deciding whether to revoke a declaration.

121‑8  Application for inclusion of hospital in a class
 (1) A person may apply to the Minister for a *hospital to be included in a class set out in the Private Health Insurance (Health Insurance Business) Rules.
 (2) The application must be:
 (a) in the *approved form; and
 (b) accompanied by any application fee imposed under the Private Health Insurance (Health Insurance Business) Rules.

121‑8A  Minister to decide application
 (1) The Minister must consider whether a *hospital to which an application relates satisfies the assessment criteria set out in the Private Health Insurance (Health Insurance Business) Rules.
 (2) If the *hospital satisfies the