Document ID: chunk:federal_register_of_legislation:F2025C00214:clause:1_7:p4
Version: federal_register_of_legislation:F2025C00214
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 4/11)
Character Range: 23705–26573

clause
 (1) This clause applies if, under subclause 1.2.9(4), the Secretary notifies the relevant proprietor for diagnostic imaging equipment that the Secretary has received an application for an extension or further extension of the exemption period of an exemption in respect of the equipment.

Secretary may extend exemption period
 (2) The Secretary must, by notice in writing given to the proprietor:
 (a) subject to subclauses (3) and (4) of this clause, extend or further extend the exemption period for a specified period; or
 (b) refuse to extend, or further extend, the exemption period.
 (3) The Secretary must not extend or further extend the exemption period unless the Secretary is satisfied that both of the following apply:
 (a) due to circumstances beyond the control of the proprietor, the proprietor is unable to replace the equipment (or upgrade the equipment, if it has not already been upgraded) before the end of the current exemption period of the exemption;
 (b) the proprietor is taking reasonable steps to replace the equipment (or upgrade the equipment, if it has not already been upgraded) before the end of the exemption period as extended or further extended.
 (4) The extension or further extension must be for no more than 3 months.
 (5) The Secretary must make a decision on the application under subclause (2) within 28 days after notifying the proprietor as mentioned in subclause (1).

Effect of refusal on capital sensitivity requirements
 (6) If the Secretary refuses to extend, or further extend, the exemption period, clause 1.2.1 does not apply to a service that is performed on the equipment during the period:
 (a) starting when the Secretary refuses to extend, or further extend, the exemption period; and
 (b) ending:
 (i) when the relevant proprietor for the equipment applies under clause 1.2.11 for reconsideration of the decision to refuse to extend, or further extend, the exemption period; or
 (ii) if the relevant proprietor does not apply for such consideration—at the end of the period in which the proprietor could have applied for such reconsideration.
Note: Clause 1.2.1 does not apply to a service provided using the equipment during the extended exemption period: see subclause 1.2.8(6).

Subdivision BA—Reinstatement for capital sensitivity requirements

1.2.10A  Equipment not upgraded before end of new effective life age—applying for reinstatement of subsequently upgraded equipment

Applying for reinstatement
 (1) The relevant proprietor for diagnostic imaging equipment may apply to the Secretary for reinstatement under clause 1.2.10B in respect of the equipment if:
 (a) the equipment was not upgraded before the end of its new effective life age; and
 (b) the relevant proprietor did not apply for an exemption under clause 1.2.8 in respect of the equipment before the end of its new effective life