Document ID: chunk:federal_register_of_legislation:F2025C00214:clause:1_7:p1
Version: federal_register_of_legislation:F2025C00214
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 1/11)
Character Range: 15793–18768

7                      MRI equipment                                            Equipment primarily used in carrying out a diagnostic imaging procedure used in rendering a service to which an item in Group I5 applies                                        10                              20

Upgrades
 (4) Diagnostic imaging equipment has been upgraded if:
 (a) an additional reasonable investment has been made, within the period mentioned in subclause (5), that improves the overall performance of the imaging system so that it is equivalent to new equipment supplied in Australia at the time of the improvement; or
 (b) in the case of CT or angiography equipment that was not more than 15 years old on 1 January 2015—an additional reasonable investment has been made before 1 January 2016 that improves the overall performance of the imaging system so that it is equivalent to new equipment supplied in Australia at the time of the improvement; or
 (c) the equipment is currently accredited under The Royal Australian and New Zealand College of Radiologists' Mammography Quality Assurance Program.
 (5) For the purposes of paragraph (4)(a), the period is:
 (a) the new effective life age for the equipment; or
 (b) for equipment for which an exemption under clause 1.2.8 has been granted—the exemption period of the exemption; or
 (c) for equipment for which reinstatement under clause 1.2.10B has been granted—3 months after the end of the equipment's new effective life age.

1.2.4  Meaning of relevant proprietor
  The relevant proprietor for diagnostic imaging equipment is:
 (a) if the equipment is ordinarily located at diagnostic imaging premises—the proprietor of the premises; or
 (b) if the equipment:
 (i) is not ordinarily located at diagnostic imaging premises; and
 (ii) is ordinarily located, when not in use, at a base for mobile diagnostic imaging equipment;
  the proprietor of the base.

Subdivision B—Exemptions from capital sensitivity requirements

1.2.7  Equipment unable to be replaced etc. before end of applicable life age—applying for exemptions

Applying for exemption
 (1) The relevant proprietor for diagnostic imaging equipment may apply to the Secretary for an exemption under clause 1.2.8 in respect of the equipment.
Note: For relevant proprietor, see clause 1.2.4.
 (2) The application must:
 (a) be in writing; and
 (b) be made before the end of the equipment's applicable life age; and
 (c) set out:
 (i) reasons why the proprietor is unable to replace the equipment (or upgrade the equipment, if it has not already been upgraded) before the end of the equipment's applicable life age; and
 (ii) the steps taken by the proprietor to replace the equipment (or upgrade the equipment, if it has not already been upgraded).

Notifying proprietor of receipt of application
 (3) If:
 (a) the Secretary receives an application under subclause (2) of this clause for an exemption in respect of the equipment; and
 (b) the application complies