Document ID: chunk:federal_register_of_legislation:C2025C00156:section:92:p2
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 92 (pt 2/4)
Character Range: 484594–487289

any) within a specified period; and
 (ii) give the Chief Executive Medicare, within a specified period, specified evidence that the person under review has taken the action mentioned in subparagraph (i);
 (da) if the person under review is a midwife and there is in force in respect of the person an undertaking under section 21B—that the Minister's acceptance of the undertaking is to be taken to be revoked;
 (db) if the person under review is a nurse practitioner and there is in force in respect of the person an undertaking under section 22A—that the Minister's acceptance of the undertaking is to be taken to be revoked;
 (e) if the person under review is a person in respect of whom a Part VII authority is in force and a service referred to in paragraph (1)(a) involves prescribing or supplying a pharmaceutical benefit—that the Part VII authority is to be taken, for the purposes of the National Health Act 1953, to be suspended for a period of not more than 3 years starting when the agreement takes effect;
 (f) if the person under review is a practitioner—that the person is to be disqualified, for a specified period starting when the agreement takes effect, in respect of one or more of the following:
 (i) provision of specified services, or provision of services other than specified services;
 (ii) provision of services to a specified class of persons, or provision of services to persons other than persons included in a specified class of persons;
 (iii) provision of services within a specified location, or provision of services otherwise than in a specified location;
 (g) if the person under review is a practitioner—that the person is to be fully disqualified for a specified period starting when the agreement takes effect.
Note: Medicare benefits and dental benefits are not payable in respect of services rendered or initiated by, or on behalf of, disqualified practitioners (see section 19B of this Act in relation to medicare benefits, and section 20A of the Dental Benefits Act 2008 in relation to dental benefits).
 (2A) For the purposes of paragraphs (2)(f) and (g), the period specified must not be more than:
 (a) if the person under review is a practitioner in relation to whom an agreement under this section, or a final determination under section 106TA, has previously taken effect—5 years; or
 (b) in any other case—3 years.
 (3) An agreement entered into between the Director and the person under review under subsection (1) does not take effect unless it is ratified by the Determining Authority.
 (4) If the agreement is ratified by the Determining Authority:
 (a) the agreement takes effect on:
 (i) the date specified in the agreement; or
 (ii) if no