Document ID: chunk:federal_register_of_legislation:F2017L01201:body:0:p2
Version: federal_register_of_legislation:F2017L01201
Segment Type: other
Provision Reference: 
Character Range: 2759–5823

formed under the law of any State or Territory and, for the avoidance of doubt, this includes Aboriginal and Torres Strait Islander corporations. The term does not include exempt public authorities and corporation soles.

                  private health insurer has the same meaning as in section 1 of Schedule 1 of the Private Health Insurance Act 2007.

                  item number  has the same meaning as in part 1, section 3 of the Health Insurance Act 1973.

            State   includes Territory.

       (2) In the Guidelines, a person manages a corporation, partnership, or other body if:

          (a)  they are a director, secretary or other officeholder of the corporation, partnership or other body;

          (b) they make, or participate in making, decisions that affect the whole, or a substantial part, of the business of the corporation, partnership or other body;

          (c) they exercise the capacity to affect significantly the corporation, partnership or other body's financial standing; or

          (d) they communicate instructions or wishes (other than advice given by the person in the proper performance of functions attaching to the person's professional capacity or their business relationship with the corporation, partnership or other body) to the corporation, partnership or other body:
             (i) knowing that the corporation, partnership or other body is accustomed to act in accordance with the person's instructions or wishes; or
             (ii) intending that the corporation, partnership or other body will act in accordance with those instructions or wishes.

7 Conditions of approval
    For the purposes of subsection 20AB(5) of the Act, an approval made under subsection 20AB(1) of the Act is determined to be conditional upon the approved billing agent complying with undertakings given under one or more of the following:
         (a)                Part 3, Health Insurance (Approval of Billing Agents) Guidelines 1998;
         (b)               Part 3, Health Insurance (Approval of Billing Agents) Guidelines 2003;
         (c)                Part 3, Health Insurance (Approval of Billing Agents) Guidelines (No. 1) 2004;
         (d)               Part 1 of this instrument.

Schedule  Guidelines

Part 1 Criteria for Approval

1 Prohibited person not to be approved
(1) The Chief Executive Medicare must not approve an applicant:
(a) who is a prohibited person; or
         (b) that is a partnership, if a partner, or a person managing the partnership, is a prohibited person; or
         (c) that is a corporation, if a person managing it is a prohibited person; or
         (d) that is another body, if a person managing it is a prohibited person.
    (2) For subsection (1), prohibited person means a person who, under Part 2D.6 of the Corporations Act 2001, is disqualified from managing a corporation.

2 Billing agent to give copy of annual report
    (1) This section applies to an applicant applying for approval because his, her or its existing approval has expired or is about