Document ID: chunk:federal_register_of_legislation:C2022A00077:clause:1_49:p1
Version: federal_register_of_legislation:C2022A00077
Segment Type: clause
Provision Reference: sch 1 cl 49 (pt 1/2)
Character Range: 24357–27062

49  Transitional provisions—entering into section 92 agreements with persons under review (other than practitioners) referred to Committee in 18 months before commencement
(1) This item applies in relation to a person under review (other than a practitioner) in respect of whom a referral has been made to a Committee under section 93 of the Health Insurance Act 1973 in the 18 months ending immediately before the commencement of this item.
(2) If the Director is of the opinion that it would be desirable to enter into an agreement under section 92 of the amended Act, the Director may, at any time in the 6 months starting on that commencement, notify the Committee of the Director's opinion.
(3) The Committee must as soon as practicable (and in any event within 7 days) after receiving the notice decide:
 (a) unless paragraph (b) applies—to suspend its consideration of the referral; or
 (b) if the Committee has given the person under review a copy of a draft report under subsection 106KD(3), or a final report under subsection 106KE(1), of the amended Act—to refuse to suspend its consideration of the referral.
Note: A suspension made in accordance with paragraph (a) ends at the time determined in accordance with subitem (9).
(4) The Committee must give written notice of the decision and, for a decision under paragraph (3)(a), the day the decision is made (the suspension day), to the following as soon as practicable (and in any event within 7 days) after the decision is made:
 (a) the Director;
 (b) for a decision under paragraph (3)(a)—the person under review.
(5) If the Committee suspends its consideration of the referral under paragraph (3)(a), the Director may enter into an agreement under section 92 of the amended Act with the person under review in respect of any or all of the referred services.
(6) However, an agreement entered into in accordance with subitem (5) cannot be ratified by the Determining Authority later than 6 months after the suspension day.
(7) If the Director enters into an agreement with the person under review in accordance with subitem (5), then:
 (a) if the Determining Authority ratifies the agreement—Division 4 of Part VAA of the amended Act ceases to have effect in relation to the Committee; and
 (b) if the Determining Authority refuses to ratify the agreement—section 92A of the amended Act does not apply in relation to the refusal.
(8) The Director must give the Committee written notice of the occurrence of either of the following events as soon as practicable (and in any event within 7 days) after the event occurs:
 (a) the Determining Authority ratifies an agreement entered into with the person under review in accordance with subitem