Document ID: chunk:federal_register_of_legislation:C2025C00156:section:124ff:p2
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 124FF (pt 2/2)
Character Range: 638155–639664

on which the determination takes effect.
 (5) Where the Committee determines that pathology services or diagnostic imaging services were rendered as a result of the offence or contravention being engaged in by a person, it must:
 (a) identify those services; and
 (b) if medicare benefit has been paid, or is payable, in respect of the rendering of services identified by the Committee—make one of the following determinations:
 (i) where medicare benefit is payable, but has not been paid to a practitioner—that the medicare benefit or a specified part of it cease to be payable;
 (ii) where medicare benefit has been paid to the practitioner, or has been paid or is payable to a person other than the practitioner—that the medicare benefit or a specified part of it be payable by the practitioner to the Commonwealth.
 (6) Where:
 (a) the Committee determines that a person caused or permitted another person to engage in a relevant offence or relevant civil contravention under Division 2 or 3 of Part IIBA; and
 (b) the first‑mentioned person is a medical practitioner who has been granted a remote area exemption either under section 23DX or section 23DXA that is in force;
the Committee must include in its determination under subsection (2) an advice to the Minister as to whether the remote area exemption should be revoked, and its reasons for so advising.
 (7) In making a determination, the Committee must comply with guidelines in force under section 124H.
 (8) A determination must be in writing.