Document ID: chunk:federal_register_of_legislation:C2025C00156:section:124f:p2
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 124F (pt 2/3)
Character Range: 623921–626676

the determination whether the practitioner is fully disqualified or disqualified in respect of one or more of the following:
 (a) the provision of specified professional services, or the provision of professional services other than specified professional services;
 (b) the provision of professional services to a specified class of persons, or the provision of professional services to persons other than a specified class of persons;
 (c) the provision of professional services within a specified location, or the provision of professional services otherwise than within a specified location.
Note: For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.
 (5) Where a Committee determines under paragraph (2)(d) or (e) that a practitioner is disqualified, the Committee shall specify in the determination the period over which the disqualification is to have effect, being a period that ends:
 (a) where the determination is a review of a period of disqualification referred to in subsection 124D(3)—on or before the day on which that period of disqualification is to come to an end; or
 (b) in any other case—within 5 years after the day on which the determination comes into effect.

Medicare benefits
 (6) If, in making a determination under subsection (2) in relation to a practitioner, a Committee:
 (a) is satisfied that the practitioner engaged in a relevant offence or a relevant civil contravention under Division 2 or 3 of Part IIBA; and
 (b) determines that pathology services or diagnostic images were rendered as a result of the relevant offence or relevant civil contravention;
the Committee must, in its determination:
 (c) identify the services; and
 (d) if medicare benefit has been paid, or is payable, in respect of the services—determine that:
 (i) if the medicare benefit is payable to the practitioner, but has not been paid—the medicare benefit or a specified part of it ceases to be payable; or
 (ii) if the medicare benefit has been paid to the practitioner, or has been paid or is payable to a person other than the practitioner—the medicare benefit or a specified part of it be payable by the practitioner to the Commonwealth.

Remote area exemptions
 (7) If:
 (a) a person (the practitioner) is a medical practitioner who has been granted a remote area exemption that is in force under section 23DX or 23DXA; and
 (b) a Committee determines that the practitioner engaged in a relevant offence or a relevant civil contravention under Division 2 or 3 of Part IIBA in relation to diagnostic imaging services;
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.