Document ID: chunk:federal_register_of_legislation:C2025C00156:section:16a:p3
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 16A (pt 3/5)
Character Range: 125077–127799

being premises at which hospital treatment is provided; or
 (iv) a private hospital in which the person is a patient; or
 (v) a residential care service within the meaning of the Aged Care Act 1997, or other institution, in which the person is receiving care; or
 (e) was collected from the person by:
 (i) a member of the staff of a hospital in which the person is a patient; or
 (ii) a member of the staff of a residential care service within the meaning of the Aged Care Act 1997, or other institution, in which the person is receiving care.
 (5AB) Paragraph (5AA)(d) applies to:
 (a) the rendering pathologist; and
 (b) the referring pathologist (if any); and
 (c) an employee of an approved pathology authority that is the proprietor of the laboratory in which the service is to be rendered; and
 (d) an employee of an approved pathology authority from which the pathology specimen in question was referred to:
 (i) an approved pathology authority to which paragraph (c) applies; or
 (ii) an approved pathology practitioner who is to render the service in a laboratory of which such an approved pathology authority is the proprietor.
 (5A) A medicare benefit is not payable in respect of a pathology service that has been rendered by or on behalf of an approved pathology practitioner if:
 (a) the request for the service was made:
 (i) by the treating practitioner (the requesting practitioner); or
 (ii) by another approved pathology practitioner (the requesting practitioner) who received a request for the service made by the treating practitioner; and
 (b) the request for the service was made as a result of:
 (i) conduct in respect of which the approved pathology practitioner or the requesting practitioner has been convicted of an offence under Division 3 of Part IIBA; or
 (ii) conduct in respect of which the approved pathology practitioner or the requesting practitioner has been ordered to pay a pecuniary penalty under Part VIA.
 (6) This subsection applies to a pathology service if the service is a pathologist‑determinable service that is rendered by or on behalf of an approved pathology practitioner and the approved practitioner determines that the service is necessary.
 (7) This subsection applies to a pathology service if the service is a prescribed pathology service that is rendered by or on behalf of a medical practitioner (not being an approved pathology practitioner) and:
 (a) the medical practitioner by whom or on whose behalf the service is rendered is the treating practitioner; or
 (b) the medical practitioner by whom or on whose behalf the service is rendered:
 (i) is a member of a group of practitioners of which the treating practitioner is a member; and
 (ii) is requested by