1 Name
This instrument is the Health Insurance (Accredited Pathology Laboratories—Approval) Amendment Instrument (No. 1) 2019.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table | The day after this instrument is registered. | |
| 2. Schedule 1 | Immediately after the commencement of Schedule 2 to the Health Insurance (Accredited Pathology Laboratories—Approval) Amendment Instrument (No. 2) 2018 | 1 August 2019 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under subsection 23DNA(1) of the Health Insurance Act 1973.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Transitional arrangements
Health Insurance (Accredited Pathology Laboratories—Approval) Principles 2017
[1] After Part 4
Insert:
Part 5—Transitional arrangements
19 Continued application of the old Principles to certain laboratories
(1) In this section:
IVF testing means testing related to the diagnosis and treatment of fertility issues.
listed premises means a premises that, immediately before 1 August 2019, was subject to an approval under section 23DN of the Act identified by any of the following Accredited Pathology Laboratory numbers:
(a) APL 30498;
(b) APL 39161;
(c) APL 39168;
(d) APL 39395;
(e) APL 38273;
(f) APL 30322.
old Principles means these Principles, as in force immediately before 1 August 2019.
Application of old Principles to approvals of certain Category S laboratories in effect immediately before 1 August 2019
(2) Despite section 4, the old Principles continue to apply in relation to premises if:
(a) an approval of the premises under section 23DN of the Act was in effect immediately before 1 August 2019; and
(b) the category of accreditation specified in the approval was, immediately before 1 August 2019, Category S; and
(c) the kind of pathology services specified in the approval included, immediately before 1 August 2019, IVF testing.
(3) Subsection (2) ceases to apply in relation to premises on the earlier of the following:
(a) when the approval of the premises:
(i) is revoked; or
(ii) is varied such that Category S is no longer specified; or
(iii) is varied such that IVF testing is no longer specified; or
(iv) ceases to have effect on expiration of the period specified in the approval as the period for which the approval is to have effect;
(b) 1 January 2021.
Application of old Principles to new applications for approval by certain Category S laboratories
(4) Subsection (5) applies in relation to premises only if:
(a) at any time in the three months before 1 August 2019, an approval (the old approval) of the premises under section 23DN of the Act had been in effect; and
(b) the category of accreditation specified in the old approval was Category S; and
(c) the kind of pathology services specified in the old approval included IVF testing.
(5) If:
(a) before 1 January 2021, an application (the new application) is made for approval of premises under section 23DN of the Act; and
(b) the category of accreditation sought in the new application is Category S; and
(c) the kind of pathology services for which approval is sought in the new application includes IVF testing; and
(d) the new application specifies that the old Principles are to apply;
despite section 4, the old Principles apply to the premises in relation to:
(e) the approval or refusal of the new application; and
(f) if the new application is approved:
(i) the period of the approval; and
(ii) any revocation of the approval; and
(iii) any variation of the approval.
(6) Subsection (5) ceases to apply in relation to premises on 1 January 2021.
Application of old Principles to approvals of listed premises
(7) Despite section 4, the old Principles continue to apply in relation to listed premises.
(8) Subsection (7) ceases to apply in relation to listed premises on the earlier of the following:
(a) when the approval of the premises:
(i) is revoked; or
(ii) ceases to have effect on expiration of the period specified in the approval as the period for which the approval is to have effect;
(b) 1 January 2021.
Application of old Principles to new applications for approval of listed premises
(9) If:
(a) before 1 January 2021, an application (the new application) is made for approval of listed premises under section 23DN of the Act; and
(b) the category of accreditation for which approval is sought in the new application is the same as was specified in the approval of the premises in effect immediately before 1 August 2019; and
(c) the kind of pathology services for which approval is sought in the new application is the same as was specified in the approval of the premises in effect immediately before 1 August 2019; and
(d) the new application specifies that the old Principles are to apply;
despite section 4, the old Principles apply to the listed premises in relation to:
(e) the approval or refusal of the new application; and
(f) if the new application is approved:
(i) the period of the approval; and
(ii) any revocation of the approval; and
(iii) any variation of the approval.
(10) Subsection (9) ceases to apply in relation to listed premises on 1 January 2021.