Document ID: chunk:federal_register_of_legislation:C2025C00156:section:23df:p1
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 23DF (pt 1/4)
Character Range: 269625–272349

23DF  Giving an acceptance of approved pathology authority undertaking
 (1) Where:
 (a) an undertaking for the purposes of this section, in accordance with the appropriate approved form, is signed by or on behalf of a person (including a State, the Northern Territory or a public authority); and
 (b) the person gives the undertaking to the Minister together with an application for the Minister's acceptance of the undertaking;
the Minister may, subject to subsections (4), (5) and (6):
 (c) accept the undertaking on behalf of the Commonwealth and determine the period (being a period ending not later than 12 months after the day on which the undertaking comes into force) for which the undertaking is to have effect; or
 (d) refuse to accept the undertaking.
 (2) An application under subsection (1) shall:
 (a) be in writing;
 (b) be in accordance with the approved form; and
 (c) contain such particulars as are determined by the Minister under subsection (13) for the purposes of this subsection.
 (3) Without limiting the generality of subsection (2), a determination prescribing the particulars to be contained in an application for the purposes of that subsection may, in the case of an application by a body corporate, prescribe particulars of the directors, shareholders and officers of the body corporate.
 (4) The Minister shall not accept an undertaking given by a person for the purposes of this section if a determination by a Medicare Participation Review Committee of the kind referred to in subparagraph 124FC(1)(e)(v) is in force in respect of the person.
 (5) The Minister shall not accept an undertaking given by a person for the purposes of this section if the Minister is satisfied that:
 (a) if the undertaking were accepted, the person who gave the undertaking would be likely to carry on the whole or a part of the practice or business of a prescribed person; and
 (b) the acceptance of the undertaking would be likely to have the effect of allowing a person to avoid, in whole or in part, the financial consequences of the disqualification, or the likely disqualification, of that prescribed person.
 (6) The Minister shall not accept an undertaking given by a person for the purposes of this section unless the Minister is satisfied that the person is a fit and proper person to be an approved pathology authority.
 (7) In determining, for the purposes of subsection (6), whether a person is a fit and proper person to be an approved pathology authority, the Minister shall have regard to:
 (a) whether the person is a relevant person;
 (b) where a Medicare Participation Review Committee has made a determination in relation to the person under section 124F, 124FB, 124FC or 124FF—the terms of