Document ID: chunk:federal_register_of_legislation:C2005A00031:clause:1_5
Version: federal_register_of_legislation:C2005A00031
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 5345–7048

5  At the end of section 73AAG
Add:

 (6) The Minister may determine in writing:
 (a) the prostheses that are no gap prostheses for the purposes of this Act; and
 (b) the benefit amount for each of those no gap prostheses.

Note: Determinations under this subsection are relevant for the operation of section 73BDAAA (treatment provided in a hospital where there is a hospital purchaser‑provider agreement) and paragraphs (bl) and (bm) of Schedule 1 (treatment provided in a hospital where there is no hospital purchaser‑provider agreement).

 (7) The Minister may determine in writing:
 (a) the prostheses that are gap permitted prostheses for the purposes of this Act; and
 (b) the minimum and maximum benefit amounts for each of those gap permitted prostheses.

Note: Determinations under this subsection are relevant for the operation of section 73BDAAA (treatment provided in a hospital where there is a hospital purchaser‑provider agreement) and paragraphs (bl) and (bm) of Schedule 1 (treatment provided in a hospital where there is no hospital purchaser‑provider agreement).

 (8) A determination made under subsection (6) or (7) before the day on which section 3 of the Legislative Instruments Act 2003 commences is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Note: If subsection (8) applies, the determination will become a legislative instrument for the purposes of the Legislative Instruments Act 2003 under paragraph 6(d) of that Act.

 (9) A determination made under subsection (6) or (7) on or after the day on which section 3 of the Legislative Instruments Act 2003 commences is a legislative instrument for the purposes of that Act.