Document ID: chunk:federal_register_of_legislation:C2004A04483:body:0:p5
Version: federal_register_of_legislation:C2004A04483
Segment Type: other
Provision Reference: 
Character Range: 10398–13243

Commission may make and retain copies of, or take and retain extracts from, any referral or information produced under subsections (1) and (3).

"(6) If a referral retained by a physician or specialist, or information as to whether a service was rendered in a circumstance referred to in subsection (3), has been recorded on a film, tape disk or other medium approved by the Minister, in writing, for the purposes of storage and subsequent retrieval when required:

    (a)     the retention of the referral or information as so recorded is taken to be a retention of the referral or information; and

    (b)     the production of the referral or other information as so recorded is taken to be a production of the referral or information.

  "(7) In this section:

'hospital record' includes the medical records of a person who received medical treatment in the hospital;

'specialist medical service' means a professional service specified in an item in the general medical services table as an item that is to be rendered by a consultant physician, or a specialist, in the practice of his or her specialty.

"(8) This section does not apply to a referral issued, or a service rendered, before the commencement of this section.".

Prohibited practices in relation to the rendering of pathology services

11. Section 129AAA of the Principal Act is amended by omitting from subsection (3) "pathology" (second occurring).

PART 4—AMENDMENTS OF PART VAB AND SECTION 139B OF THE NATIONAL HEALTH ACT 1953

Principal Act

12. In this Part, "Principal Act" means the National Health Act 19533.

Insertion of new Division heading

13. Before section 52 of the Principal Act the following Division heading is inserted in Part VAB:

"Division 1—Preliminary".

Interpretation

14. Section 52 of the Principal Act is amended by inserting the following definition:

" 'AIP' means an approval-in-principle granted by the Minister under section 52C;".

Insertion of new Division

15. After section 52 of the Principal Act the following Division is inserted:

"Division 2—Approval-in-principle of an approval of a grant in respect of a newly built nursing home

Application for approval-in-principle

  "52A.(1) If:

  (a)     a person is building, or proposes to build, a nursing home; and

    (b)     the person proposes to become the proprietor of the proposed nursing home;

the person may apply, in writing, to the Minister for an AIP of a grant of Commonwealth benefit under section 55 in respect of the proposed nursing home.

  "(2) An application must:

  (a)     be in a form approved by the Minister; and

    (b)     be accompanied by such further information and documents (if any) as the Minister, in writing, requests the person to provide.

Principles applicable to the grant of an approval-in-principle

"52B.(1) The Minister must set out,