Document ID: chunk:federal_register_of_legislation:C2004C01399:clause:3_23dya
Version: federal_register_of_legislation:C2004C01399
Segment Type: clause
Provision Reference: sch 3 cl 23DYA
Character Range: 63061–64527

23DYA  Restrictions on remote area exemptions under section 23DXA

 (1) If the Minister is satisfied that the physical or financial hardship referred to in paragraph 23DXA(c) would only be suffered if an exemption were not granted to station equipment of a particular kind or an employee qualified to render services of a particular kind at the premises of another practitioner, the Minister may, in the notice granting the remote area exemption under section 23DXA, restrict the remote area exemption to the stationing of equipment of that kind or an employee with qualifications to render services of that kind.

 (2) The notice must contain the reasons for any such restriction.

 (3) The person to whom the remote area exemption is granted may, at any time, apply in writing to the Minister, in the form approved by the Minister, for:
 (a) the restriction to be removed; or
 (b) its scope to be reduced.

 (4) The Minister may, within 60 days after such an application is made, give the applicant written notice requesting the applicant to give to the Minister such further information relating to the application as is specified in the notice.

 (5) If the Minister is satisfied that physical or financial hardship of a kind referred to in paragraph 23DXA(c) will be suffered if the restriction is not removed, or its scope is not reduced, the Minister must, by written notice given to the applicant, remove the restriction, or reduce its scope, accordingly.