Document ID: chunk:federal_register_of_legislation:C2004A01067:clause:1_118
Version: federal_register_of_legislation:C2004A01067
Segment Type: clause
Provision Reference: sch 1 cl 118
Character Range: 45941–48443

118  Saving and transitional—Part VAA of the Health Insurance Act 1973

Investigative and adjudicative referrals made before commencement—old law to apply

(1) Despite the amendments made by this Schedule, the Health Insurance Act 1973, as in force immediately before the commencement of this Schedule, continues to apply in relation to an investigative referral, or adjudicative referral, made before the commencement of this Schedule as if the amendments had not been made.

(2) Subitem (1) has effect subject to subitems (3) and (4).

Referrals to Committees to be made under new law

(3) Any referral to a Committee under section 93 of the Health Insurance Act 1973, made after the commencement of this Schedule, is to be made under, and dealt with in accordance with, that Act as in force after that commencement, and:
 (a) if the referral is made as a result of an investigative referral, the review period for the referral is the period that was the referral period for the investigative referral; or
 (b) if the referral is made as a result of the Director's investigation of a matter that was referred to the Director by a Committee under subsection 106H(2) of the Health Insurance Act 1973, as in force immediately before the commencement of this Schedule, the review period for the referral is the period that was the referral period for the investigative referral that gave rise to the adjudicative referral made to the Committee.

Referrals back to Director to be made as requests

(4) If, after the commencement of this Schedule, a Committee makes a referral (the Committee referral) to the Director under subsection 106H(2) of the Health Insurance Act 1973, as in force immediately before the commencement of this Schedule:
 (a) the Committee referral is to be dealt with as if it were a request under section 106J of the Health Insurance Act 1973 as amended by this Schedule; and
 (b) the review period for the request is to be the period that was the referral period for the investigative referral that gave rise to the adjudicative referral made to the Committee.

Director may give information to Determining Authority on commencement

(5) For the purposes of section 106S of the Health Insurance Act 1973 (as substituted by item 94), the Director may, on or after the commencement of that item, give information to the Determining Authority under that section even if the Committee's final report to which the information relates was prepared before the commencement of that item.