Commonwealth Numbered Acts

COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT (No. 2) 1990 No. 141 of 1990 - SECT 33

33. Section 67 of the Principal Act is amended:

   (a)  by inserting in subparagraphs (1) (a) (i) and (ii) "or the pathology
services table" after " general medical services table";

   (b)  by omitting from paragraph (1) (aa) "(other than pathology services)";

   (c)  by inserting after paragraph (1) (aa) the following paragraph:
  "(ab)   following a reference to it by the Minister under section 3C, to
consider whether a referred health service should be treated as if there were
an item in the general medical services table that relates to the health
service and, if so, to consider:

        (i)    whether the referred health service should be treated as if it
               were:

                (A)  a medical service only; or

                (B)  both a professional service and a medical service; and

        (ii)   whether the referred health service should be so treated:

                (A)  in all circumstances; or

                (B)  in specified circumstances; and

        (iii)  if, in the Committee's opinion, the referred health service
               should be so treated in specified circumstances - the
               circumstances that should be specified in a determination under
               subsection 3C (1); and

        (iv)   the provisions of this Act, the regulations, the National 
               Health Act 1953 or the regulations under that Act that should
               be specified in a determination under subsection 3C (1); and

        (v)    the fee in relation to a State that should be specified in a
               determination under subsection 3C (1); and to make
               recommendations, in writing, to the Minister arising out of
               that consideration;";

   (d)  by omitting from paragraph (1) (b) "(other than a pathology service)";

   (e)  by inserting after subsection (1) the following subsection:

"(1A) If a reference of a kind mentioned in paragraph (1) (a) relates to
pathology services, it may require the Committee to treat the reference as
having been given to the Committee on a specified earlier day (not being a day
occurring before 1 August 1989), and, if so required, the Committee is to
treat the reference accordingly.";

   (f)  by inserting in subsection (2) the following definition:

" `referred health service' means a health service, or a health service
included in a class of health services, referred to the Committee by the
Minister under section 3C;".