Document ID: chunk:federal_register_of_legislation:C2004A01067:clause:1_119
Version: federal_register_of_legislation:C2004A01067
Segment Type: clause
Provision Reference: sch 1 cl 119
Character Range: 48443–49826

119  Validation of referrals

(1) This item applies to:
 (a) adjudicative referrals, made before the commencement of this Schedule, that purported to refer:
 (i) conduct that, in addition to the conduct specified in the referral, "otherwise constituted engaging in inappropriate practice"; or
 (ii) conduct that "may have constituted engaging in inappropriate practice including by, but not limited to" the conduct specified in the referral; and
 (b) investigative referrals that:
 (i) gave rise to an adjudicative referral of a kind mentioned in paragraph (a); and
 (ii) included the following sentence:
  The attached material is provided for information only and is not intended in any way to limit the conduct referred.

(2) An adjudicative referral to which this item applies and any action taken or thing done in relation to that referral, is taken to have, and always to have had, the same force and effect it would have had if the referral had not purported to refer conduct not specified in the referral.

(3) An investigative referral to which this item applies and any action taken or thing done in relation to that referral, is taken to have, and always to have had, the same force and effect it would have had if the sentence set out in subparagraph (1)(b)(ii) had not been included in the referral.

Health Insurance Amendment (Professional Services Review) Act 1999