Health Insurance (Accredited Pathology Laboratories—Approval) Amendment (Transitional Arrangements) Principles 2020

I, Michael Ryan, as delegate of the Minister for Health and Aged Care, make the following principles.

Dated 23 December 2020

Michael Ryan
Acting Assistant Secretary
Diagnostic Imaging and Pathology Branch
Medical Benefits Division

Department of Health

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Health Insurance (Accredited Pathology Laboratories—Approval) Principles 2017

1  Name

  This instrument is the Health Insurance (Accredited Pathology Laboratories—Approval) Amendment (Transitional Arrangements) Principles 2020.

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.

Note: This table relates only to the provisions of this instrument as originally made.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  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Amendments

Health Insurance (Accredited Pathology Laboratories—Approval) Principles 2017

1  Subsection 17(1) (table item 1, column headed “Criteria”, paragraph (a))

Omit “onsite”.

2  Subsection 17(1) (table item 5, column headed “Criteria”, subparagraph (a)(i))

Omit “onsite”.

3  Section 19 (heading)

Repeal the heading, substitute:

19  Initial transitional arrangements (between 1 August 2019 and 31 December 2020)

4  At the end of Part 5

Add:

20  Further transitional arrangements (between 1 January and 31 July 2021)

Definitions

 (1) In this section:

approval means an approval under section 23DN of the Act.

IVF testing means testing related to the diagnosis and treatment of fertility issues.

section 19 category S IVF premises means premises in relation to which, immediately before 1 January 2021, the old Principles (within the meaning of section 19) applied under subsections 19(2) and (3) or subsections 19(4) and (5).

section 19 listed premises means premises in relation to which, immediately before 1 January 2021, the old Principles (within the meaning of section 19) applied under subsections 19(7) and (8) or subsection 19(9).

section 20 listed premises means premises for which, immediately before 1 January 2021, an approval was in effect that was identified by any of the following Accredited Pathology Laboratory numbers:

 (a) APL 3171;

 (b) APL 30054;

 (c) APL 30385;

 (d) APL 30477;

 (e) APL 30481;

 (f) APL 38758;

 (g) APL 38829;

 (h) APL 39236.

Transitional application of these Principles

 (2) These Principles apply in relation to premises mentioned in subsection (3) and applications mentioned in subsection (4) as if the amendments made by Schedule 2 to the Health Insurance (Accredited Pathology Laboratories—Approval) Amendment Instrument (No. 2) 2018 had not been made.

Premises

 (3) For the purposes of subsection (2), the premises are section 19 category S IVF premises, section 19 listed premises and section 20 listed premises, for which an approval is in effect, if the approval:

 (a) is in effect on 1 January 2021; or

 (b) takes effect on or after 1 January 2021 following an application mentioned in subsection (4).

Applications

 (4) For the purposes of subsection (2), the applications are applications:

 (a) that are made on or after 1 January 2021 and before 1 June 2021; and

 (b) that are for any of the following:

 (i) the approval of section 19 category S IVF premises for Category S accreditation and IVF testing pathology services;

 (ii) the approval of section 19 listed premises for the same kind of pathology services and the same category of accreditation specified in the approval of the premises that was in effect immediately before 1 January 2021;

 (iii) the approval of section 20 listed premises for the same kind of pathology services and the same category of accreditation specified in the approval of the premises that was in effect immediately before 1 January 2021; and

 (c) that specify that these Principles are to apply as mentioned in subsection (2) to the premises.

When this section ceases to apply—section 19 category S IVF premises

 (5) If the approval for section 19 category S IVF premises is varied such that Category S, or IVF testing pathology services, are no longer specified, this section ceases to apply to apply to the premises on the day the variation takes effect.

21  Repeal of this Part

  This Part is repealed at the start of 1 August 2021.