Document ID: chunk:federal_register_of_legislation:C2004A04132:schedule:1:p4
Version: federal_register_of_legislation:C2004A04132
Segment Type: schedule
Provision Reference: sch 1 (pt 4/6)
Character Range: 9076–11631

Act; and

    (b)     had effect (under subsection 4a (3) of that Act) as if it had been set out in Schedule 1a to that Act;

after 1 August 1986 and before 1 August 1989.

(3) The rules added by paragraph (1) (b) to the pathology services table in Schedule 1a of the Principal Act are taken to have been added:

   (a) to each pathology services table that:

         (i) was prescribed for the purposes of subsection 4a (2) of the Principal Act; and

          (ii) had effect (under subsection 4a (3) of that Act) as if it had been set out in that Schedule;

     after 1 August 1986 and before the commencement of this subsection; and

    (b) to the pathology services table that was substituted for the table then in that Schedule by the Community Services and Health Legislation Amendment Act 1989.

(4) The items inserted by paragraph (1) (c) in the pathology services table in Schedule 1a of the Principal Act are taken to have been inserted in each pathology services table that:

    (a)     was prescribed for the purposes of subsection 4a (2) of the Principal Act; and

    (b)     had effect (under subsection 4a (3) of that Act) as if it had been set out in that Schedule;

after 1 August 1986 and before 1 August 1989.

Transitional

  6. (1) Where:

    (a)     before the commencement of this section, a person made a claim for payment of a benefit in respect of a service by reference to an item that, because of the retrospective operation of a provision of section 4 or 5, did not relate to the service; and

    (b)    the person has been paid in respect of the service a benefit calculated by reference to the fees specified in that item;

the person is taken to have been entitled to receive in respect of the service the amount of benefit that was paid.

  (2) Where:

    (a)     before the commencement of this section, a person made a claim for payment of a benefit in respect of a service by reference to an item that, because of the retrospective operation of a provision of section 4 or 5, related to the service; and

    (b)     the person has been paid in respect of the service a benefit calculated by reference to the fees specified in another item;

the person is taken to be entitled to receive in respect of the service the higher of:

  (c)     the amount of the benefit payable in respect of the service; and

  (d)     the amount of benefit that was paid.

  (3) Where:

    (a)     before the commencement of this section, a person made a claim for payment of a benefit in respect of a service by reference to an