Document ID: chunk:federal_register_of_legislation:C2025C00156:section:16b:p3
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 16B (pt 3/5)
Character Range: 135233–138164

and
 (c) the providing practitioner determined that the service was necessary.

Remote area exemption
 (7) Subsection (1) does not apply if:
 (a) the service is not one for which there is a corresponding NR‑type diagnostic imaging service; and
 (b) the service was rendered within an area that is a remote area for the purposes of Division 2 of Part IIB; and
 (c) the service was rendered during the period when a remote area exemption granted to the providing practitioner under section 23DX was in force; and
 (d) if the remote area exemption in force in relation to the practitioner was restricted under subsection 23DY(1) to certain R‑type diagnostic imaging services—the service is one of those R‑type diagnostic imaging services; and
 (e) either:
 (i) the service was rendered before the end of one month (or such further period as the Chief Executive Medicare allows) after the commencement of this paragraph; or
 (ii) the service was rendered after the end of that period at a time when the practitioner was registered as a participating practitioner in the Register of Participating Practitioners maintained under section 23DSC.

Exemption—emergencies
 (8) Subsection (1) does not apply if the providing practitioner determines that, because the need for the service arose in an emergency, the service should be rendered as quickly as possible.

Exemption—lost requests
 (9) Subsection (1) does not apply if:
 (a) the person in relation to whom the service was rendered, or a person acting on that person's behalf, claimed that a medical practitioner, dental practitioner, chiropractor, physiotherapist, podiatrist, osteopath, participating midwife or participating nurse practitioner, had made a request for the service to be rendered, but that the request had been lost; and
 (b) the providing practitioner, or an employee or agent of the providing practitioner, had sought and received from the medical practitioner, dental practitioner, chiropractor, physiotherapist, podiatrist, osteopath, participating midwife or participating nurse practitioner, (in this subsection called the requesting practitioner) who was claimed to have made the request, or from an employee or agent of the requesting practitioner, confirmation that the request had been made; and
 (c) if the requesting practitioner is a dental practitioner who made the request in his or her capacity as a dental practitioner—the request is not rendered ineffective by the operation of subsection (2); and
 (d) if the requesting practitioner is a chiropractor who made the request in his or her capacity as a chiropractor—the request is not rendered ineffective by the operation of subsection (3); and
 (e) if the requesting practitioner is a physiotherapist who made the request in his or her capacity as a physiotherapist—the request is not rendered ineffective by the operation of subsection (3A); and
 (f) if the requesting practitioner is a podiatrist