Document ID: chunk:federal_register_of_legislation:C2023C00183:section:15
Version: federal_register_of_legislation:C2023C00183
Segment Type: section
Provision Reference: s 15
Character Range: 20118–22722

15  Hospitals
 (1) The following are taken to be hospitals for the purposes of the new Act:
 (a) a facility that was a recognized hospital, within the meaning of the Health Insurance Act 1973, immediately before the commencement time;
 (b) premises in relation to which a declaration by the Minister under section 23EA of that Act was in force immediately before the commencement time;
 (c) a facility in relation to which a declaration by the Minister under the definition of hospital in subsection 3(1) of that Act was in force immediately before the commencement time;
 (d) premises that were a day hospital facility, within the meaning of the National Health Act 1953, immediately before the commencement time.
 (2) A facility to which paragraph (1)(a) or (c) applies is taken, for all purposes, to be the subject of a statement under subsection 121‑5(8) of the new Act that it is a public hospital.
 (3) Premises to which paragraph (1)(b) or (d) applies are taken, for all purposes, to be the subject of a statement under subsection 121‑5(8) of the new Act that they are a private hospital.
 (4) However, this section ceases to apply to a particular facility or premises:
 (a) if the Minister makes a declaration under paragraph 121‑5(6)(a) of the new Act in relation to the facility or premises; or
 (b) the Minister revokes under subsection (5), (6), (7) or (8) of this section a declaration relating to the facility or premises that was in force immediately before the commencement time; or
 (c) on 1 July 2008;
whichever happens first.
 (5) Despite the repeal of paragraphs (b) and (c) of the definition of recognized hospital in subsection 3(1) of the Health Insurance Act 1973 by this Act, the Minister may, by legislative instrument, revoke a declaration under either of those paragraphs that was in force immediately before the commencement time.
 (6) Despite the repeal of section 23EA of the Health Insurance Act 1973 by this Act, the Minister may, by legislative instrument, revoke a declaration under that section that was in force immediately before the commencement time.
 (7) Despite the repeal and substitution of the definition of hospital in subsection 3(1) of the Health Insurance Act 1973 by this Act, the Minister may, by legislative instrument, revoke a declaration under that definition that was in force immediately before the commencement time.
 (8) Despite the repeal of section 5B of the National Health Act 1953 by this Act, the Minister may, by legislative instrument, revoke a declaration under that section that was in force immediately before the commencement time.