Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section does not apply in relation to a professional service rendered before the commencement of this section.
(2) In this section:
"practitioner's licence" means:
(a) a licence to practise as a medical practitioner; or
(b) a registration as a medical practitioner;
under a law of a State or Territory.
(3) If:
(a) a medical practitioner is not authorised under a practitioner's licence granted in a State or Territory to render a particular professional service; and
(b) the practitioner renders such a service in that State or Territory;
a medicare benefit is not payable in respect of that service, unless the Minister otherwise directs.
(4) If:
(a) a medical practitioner is authorised under a practitioner's licence granted in a State or Territory to render a particular professional service only in the circumstances specified in the licence; and
(b) the practitioner renders such a service in that State or Territory in other circumstances;
a medicare benefit is not payable in respect of that service, unless the Minister otherwise directs.
(5) A direction of the Minister under subsection (3) or (4) must be in accordance with guidelines determined by the Minister for the purposes of this section.
(6) A determination under subsection (5) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .
(7) If the Minister makes a decision under subsection (3) or (4) refusing to direct that a medicare benefit is payable in respect of a professional service, a notice of that decision must be issued to the person claiming the benefit.