Document ID: chunk:federal_register_of_legislation:F2024C00993:reg:4:p1
Version: federal_register_of_legislation:F2024C00993
Segment Type: reg
Provision Reference: reg 4 (pt 1/2)
Character Range: 3528–6364

4  Interpretation
 (1) In this Instrument:
Act means the National Health Act 1953.
Amendment Act means the National Health Amendment (Continence Aids Payment Scheme) Act 2010.
approved form, when used in a provision of this Instrument, means a form approved, whether before or after the commencement of this Instrument, by the Secretary or Chief Executive Medicare in writing for the purposes of that provision.
authorised payment recipient, for a participating person, means the person referred to subsection 20(3).
authorised representative means a person referred to in subsection 18(3).
CAPS payment, for a participating person, means:
 (a) for a financial year—the amount specified in subsection 11(1); or
 (b) for part of a financial year—the amount calculated in accordance with, subsection 11(2).
continence aid means a product intended to assist in the management of incontinence and, for the avoidance of doubt, includes continence‑related products.
correspondence recipient means a person referred to in section 19.
eligibility criteria has the meaning given by section 5.
eligible neurological condition means a condition listed in Part 1 of the Schedule.
eligible other condition means a condition listed in Part 2 of the Schedule.
family member, in relation to a participating person, means:
 (a) the partner or a parent of the participating person; or
 (b) a sister, brother or child of the participating person; or
 (c) any other person who, in the opinion of the Chief Executive Medicare, should be treated for the purposes of this definition as one of the relevant person's relations described in paragraph (a) or (b).
health professional:
 (a) means:
 (i) a person engaged in a health care related vocation or profession who must be registered or licensed (however described) under a Commonwealth, State or Territory law in order to practise that vocation or profession; or
 (ii) a person who is an eligible Aboriginal health worker under the Health Insurance (Allied Health Services) Determination 2009 made under the Health Insurance Act 1973; but
 (b) does not include a person who is a family member of the relevant participating person.
Note: Section 10 of the Acts Interpretation Act 1901 deals with references to legislation that has been amended or replaced.
legal representative means a person with legal authority under a law of a State or Territory to act for another person such as a guardian or attorney under a power of attorney.
organisation means an entity, including a body politic, with an Australian Business Number which provides, will provide or will facilitate the provision of continence aids to a participating person, but does not include a person:
 (a) with legal authority under a law of a State or Territory to act for the applicant or participating person; or
 (b) a person referred to in