Document ID: chunk:federal_register_of_legislation:C2025C00156:section:23df:p2
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 23DF (pt 2/4)
Character Range: 272099–274779

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 that determination;
 (c) where the Determining Authority has made a final determination under section 106TA in relation to the person—the terms of that final determination;
 (d) in a case where the person conducts, or intends to conduct, a business of rendering pathology services:
 (i) the persons who derive, or who can reasonably be expected to derive, whether directly or indirectly, financial benefit from the conduct of that business; and
 (ii) whether any of those persons is a relevant person;
 (e) whether the person is or has been:
 (i) associated with a relevant person; or
 (ii) in a position to control the operations of a body corporate that:
 (A) is, or has been, an approved pathology authority; and
 (B) is a relevant person;
 (f) in a case where the person is a body corporate—whether any officer of the body corporate, or any person who is in a position to control the body corporate, is or has been:
 (i) associated with a relevant person; or
 (ii) in a position to control the operations of a body corporate that:
 (A) is, or has been, an approved pathology authority; and
 (B) is a relevant person;
 (g) such matters as are prescribed for the purposes of this paragraph; and
 (h) such other matters as the Minister considers relevant.
 (8) Where a person gives an undertaking under subsection (1), the Minister may, by notice in writing given to the person, require the person to give the Minister, within such period (being a period ending not earlier than 28 days after the day on which the notice is given) as is specified in the notice, such information in relation to the undertaking, or the application that accompanied the undertaking, as is specified in the notice.
 (9) Without limiting the generality of subsection (1), where:
 (a) the Minister gives a person notice under subsection (8) in relation to an undertaking given by the person under subsection (1); and
 (b) the person does not give the Minister the information specified in the notice before the end of the period specified in the notice;
the Minister may refuse to accept the undertaking.
 (10) Where the Minister accepts or refuses to accept an undertaking given under subsection (1), the Minister shall give notice in writing of the acceptance or refusal to the person who gave the undertaking.
 (11) If:
 (a) the Minister accepts an undertaking given by a person under subsection (1); and
 (b) the person pays the acceptance fee in