Contents
- Part 1 Preliminary
- Part 2 Additional kinds of health professional who may apply for allocation of a provider number
- Part 3 Criteria for allocating provider number upon digital application
- Part 4 Criteria for changing day of effect of suspension upon digital application
- Part 5 Criteria for lifting suspension of allocation of provider number upon digital application
- Part 6 Transitional rules
Part 1 · Preliminary
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. The whole of this instrument | At the same time as Schedule 1 to the Health Legislation Amendment (Miscellaneous Measures No. 1) Act 2025 commences. |
Note: This table relates only to the provisions of this instrument as originally made.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.
3Authority#
This instrument is made under:
(a)subsections 22D(7), 22E(6), 22N(8) and 22Q(7) of the Health Insurance Act 1973; and
(b)item 7 of Schedule 1 to the Health Legislation Amendment (Miscellaneous Measures No. 1) Act 2025.
4Definitions#
(a) chiropractor;
(b) dental practitioner;
(c) general practitioner;
(d) medical practitioner;
(e) National Law;
(f) optometrist;
(g) osteopath;
(h) participating midwife;
(i) participating nurse practitioner;
(j) physiotherapist;
(k) podiatrist.
Note 2: Under the Act, the expression dental practitioner is defined as meaning a person who is registered under the National Law in the dental profession. Under this definition, a dental practitioner could be any of the following:
(a) a dental hygienist;
(b) a dental prosthetist;
(c) a dental therapist;
(d) a dentist;
(e) an oral health therapist.
In this instrument:
Aboriginal and Torres Strait Islander health practitioner means a person who is registered as an Aboriginal and Torres Strait Islander health practitioner with the Aboriginal and Torres Strait Islander Health Practice Board of Australia established under section 31 of the National Law.
Aboriginal and Torres Strait Islander health worker means a person who holds a Certificate III or above in Aboriginal and/or Torres Strait Islander Primary Health Care from the Health (HLT) training package.
accredited medical school has the same meaning as in section 19AB of the Act.
audiologist means a person who is:
(a)certified as an Audiology Australia Accredited Audiologist by Audiology Australia; or
(b)a Full/Ordinary Member or a Fellow member of the Australian College of Audiology, with Hearing Rehabilitation Specialist and Diagnostic Rehabilitation Specialist competencies.
Australian permanent resident means a person who is a permanent resident within the meaning of the Australian Citizenship Act 2007.
dental hygienist means a person who is registered under the National Law in the dental profession in the dental hygienists division.
dental prosthetist means a person who is registered under the National Law in the dental profession in the dental prosthetists division.
dental therapist means a person who is registered under the National Law in the dental profession in the dental therapists division.
dentist means a person who is registered under the National Law in the dental profession in the dentists division.
diabetes educator means a person who is credentialled by the Australian Diabetes Educators Association as a Credentialled Diabetes Educator.
distribution priority area means an area covered by the definition of Distribution Priority Area in subsection 4(1) of the Health Insurance (Section 19AB Exemptions Guidelines) Determination 2019 as in force from time to time.
district of workforce shortage area means an area covered by the definition of District of Workforce Shortage in subsection 4(1) of the Health Insurance (Section 19AB Exemptions Guidelines) Determination 2019 as in force from time to time.
exercise physiologist means a person who is accredited by Exercise & Sports Science Australia as an Accredited Exercise Physiologist.
foreign graduate of an accredited medical school has the same meaning as in section 19AB of the Act.
Home Affairs Department means the Department administered by the Minister administering the Migration Act 1958.
identification number means an identification number that, before the commencement of this instrument:
(b)for the purposes of the Act, was allocated, as mentioned in paragraph 18(b) of the former Medicare Australia (Functions of Chief Executive Officer) Direction 2005, to a person in respect of a place of practice; or
(c)for the purposes of the Act, was allocated under the former Health Insurance Commission Regulations, or former Health Insurance Commission Regulations 1975, to a person in respect of a place of practice.
intern means a person:
(a)who is a medical practitioner; and
(b)whose registration under the National Law in the medical profession is a provisional registration; and
(c)whose primary medical qualification was obtained from an accredited medical school.
mental health nurse means a person who is a credentialed mental health nurse, as certified by the Australian College of Mental Health Nurses.
occupational therapist means a person who is registered with the Occupational Therapy Board of Australia established under section 31 of the National Law.
oral health therapist means a person who is registered under the National Law in the dental profession in the oral health therapists division.
orthoptist means a person who:
(a)is registered with the Australian Orthoptic Board; and
(b)holds a Certificate of Currency from that Board; and
(c)is a member of Orthoptics Australia.
overseas trained doctor has the same meaning as in section 19AB of the Act.
permanent resident has the same meaning as in the Australian Citizenship Act 2007.
psychologist means a person who holds general registration with the Psychology Board of Australia established under section 31 of the National Law.
registered or licensed medical practitioner: a person was a registered or licensed medical practitioner at a particular time if the person was, at that time, registered or licensed as a medical practitioner under a law of a State or Territory that provided for the registration or licensing of medical practitioners (within the meaning of that law).
speech pathologist means a person who is certified by Speech Pathology Australia as a Certified Practising Speech Pathologist.
temporary resident means a holder of a temporary visa under the Migration Act 1958.
temporary visa has the same meaning as in the Migration Act 1958.
Part 2 · Additional kinds of health professional who may apply for allocation of a provider number
5Additional kinds of health professional who may apply for allocation of a provider number#
For the purposes of paragraph 22D(1)(f) of the Act, each of the following kinds of health professional is specified:
(c)an audiologist;
(d)a chiropractor;
(e)a diabetes educator;
(f)a dietitian;
(g)an exercise physiologist;
(h)a mental health nurse;
(i)an occupational therapist;
(j)an orthoptist;
(k)an osteopath;
(l)a physiotherapist;
(m)a podiatrist;
(n)a psychologist;
(o)a social worker;
(p)a speech pathologist.
Part 3 · Criteria for allocating provider number upon digital application
7Initial allocation of provider number—medical practitioner who is not an intern#
(1) For the purposes of section 6, the person satisfies this section if the person is a medical practitioner, other than an intern, and the following requirements are satisfied.
Note 2: An approved pathology practitioner (within the meaning of the Act) is a medical practitioner.
Initial allocation of provider number
(2) A requirement is that:
(a) the person has not previously been allocated a provider number under Part IIAA of the Act as a medical practitioner; and
(b) the person has not previously been allocated an identification number as a medical practitioner.
Registration requirements
(3) A requirement is that:
(a) the person’s registration under the National Law is:
(i) a general registration; or
(ii) a specialist registration in general practice and in no other specialty; or
(iii) a limited registration; or
(iv) a provisional registration; and
(b) if there are conditions, restrictions or other requirements applying to the person’s registration—the person, in the person’s application for the allocation of a provider number to the person, declared that the person is complying with those conditions, restrictions or other requirements.
Residency requirements
(4) A requirement is that:
(a) the person, in the person’s current application for the allocation of a provider number to the person, claimed that the person is an Australian permanent resident or a temporary resident; and
(b) the person, in that application, consented to Services Australia verifying the applicant’s personal information with the Home Affairs Department; and
(c) either:
(i) if the person, in that application, claimed that the person is an Australian permanent resident—the Home Affairs Department verified that the person is an Australian permanent resident; or
(ii) if the person, in that application, claimed that the person is a temporary resident—the Home Affairs Department verified that the person is a temporary resident.
(5) A requirement is that the person, in the person’s current application for the allocation of a provider number to the person, claimed that the person is an overseas trained doctor or a foreign graduate of an accredited medical school.
Refer, request and assist provider number
(6) If the person’s current application is for the allocation of a provider number known as a refer, request and assist provider number, a requirement is that:
(a) the Home Affairs Department verified that the person is an Australian permanent resident; and
(b) the person, in that application, claimed that none of paragraphs 19AB(1)(a), (b), (c), (d), (e) and (f) of the Act is satisfied in relation to the person.
Full provider number
(7) If the person’s current application is for the allocation of a provider number known as a full provider number, a requirement is that subsections (8), (9), (10) and (11) are satisfied.
(8) This subsection is satisfied if the person, in the current application, claimed that the person is not enrolled in, or undertaking, a course or program of a kind specified in regulations made for the purposes of paragraph 3GA(5)(a) of the Act.
(9) This subsection is satisfied if:
(a) the Home Affairs Department verified that the person is an Australian permanent resident or a temporary resident, the person’s registration under the National Law is a specialist registration in general practice and in no other specialty and the person, in the current application, declared that the person does not want to be recognised in any other specialty; or
(b) the Home Affairs Department verified that the person is a temporary resident, the person’s registration under the National Law is not a specialist registration in general practice and the person, in the current application, declared that the person is neither a specialist nor a consultant physician.
(10) This subsection is satisfied if the person, in the current application, claimed that none of paragraphs 19AB(1)(a), (b), (c), (d), (e) and (f) of the Act is satisfied in relation to the person.
(11) This subsection is satisfied if one or more of the following apply:
(a) the person, in the current application, claimed that the person is rendering, or will be rendering, professional services only in an after-hours capacity at the place of practice for which the person is seeking the allocation of a provider number;
(b) the person, in the current application, claimed that the person is rendering, or will be rendering, professional services in a locum capacity at the place of practice, for which the person is seeking the allocation of a provider number, for a period no longer than 6 months;
(c) the place of practice for which the person is seeking the allocation of a provider number is located in a distribution priority area.
8Subsequent allocation of provider number—medical practitioner who is not an intern#
(1) For the purposes of section 6, the person satisfies this section if the person is a medical practitioner, other than an intern, and the following requirements are satisfied.
Note 2: An approved pathology practitioner (within the meaning of the Act) is a medical practitioner.
Provider number requirement
(2) A requirement is that:
(a) the person has at least one provider number allocated to the person under Part IIAA of the Act, as a medical practitioner, that is in effect; and
(b) the person has been allocated, in total, no more than 2 of the following:
(i)provider numbers under Part IIAA of the Act;
(ii)identification numbers;
(including such allocations that are no longer in effect) as a medical practitioner, for the place of practice covered by the person’s current application for the allocation of a provider number.
Note: The allocation of a provider number to a person for a place of practice is taken not to be in effect while the allocation of the provider number is suspended: see subsection 22L(2) of the Act.
Registration requirements
(3) A requirement is that the person’s registration under the National Law is:
(a) a general registration; or
(b) a specialist registration.
Person is not an overseas trained doctor or a foreign graduate of an accredited medical school
(4) If, according to the records of Services Australia, the person is not an overseas trained doctor or a foreign graduate of an accredited medical school, a requirement is that:
(a) for a current application that is for the allocation of a provider number known as a refer and request provider number or a refer, request and assist provider number—according to the records of Services Australia, the person is not a temporary resident; and
(b) for a current application that is for the allocation of a provider number known as a full provider number—one of the following applies:
(i) the person is a general practitioner;
(ii) according to the records of Services Australia, the person was a registered or licensed medical practitioner at any time before 1 November 1996 and the person had completed the person’s training as a section 19AA intern on or before that day;
(iii) according to the records of Services Australia, the person was a registered or licensed medical practitioner at any time before 1 November 1996 and the person was an Australian citizen or an Australian permanent resident on 1 November 1996;
Person is an overseas trained doctor or a foreign graduate of an accredited medical school
(5) If, according to the records of Services Australia, the person is an overseas trained doctor or a foreign graduate of an accredited medical school, a requirement is that subsection (6) or (7) is satisfied.
(6) This subsection is satisfied if:
(a) paragraph 19AB(1)(a), (b), (c), (d), (e) or (f) of the Act is satisfied in relation to the person; and
(b) for a current application that is for the allocation of a provider number known as a refer and request provider number or a refer, request and assist provider number—according to the records of Services Australia, the person is not a temporary resident; and
(c) for a current application that is for the allocation of a provider number known as a full provider number—one of the following applies:
(i) the person is a general practitioner;
(ii) according to the records of Services Australia, the person was a registered or licensed medical practitioner at any time before 1 November 1996 and the person had completed the person’s training as a section 19AA intern on or before that day;
(iii) according to the records of Services Australia, the person was a registered or licensed medical practitioner at any time before 1 November 1996 and the person was an Australian citizen or an Australian permanent resident on 1 November 1996;
(7) This subsection is satisfied if:
(a) none of paragraphs 19AB(1)(a), (b), (c), (d), (e) and (f) of the Act is satisfied in relation to the person; and
(b) for a current application that is for the allocation of a provider number known as a refer, request and assist provider number—according to the records of Services Australia, the person is an Australian citizen or an Australian permanent resident; and
(c) for a current application that is for the allocation of a provider number known as a full provider number:
(i) the person is a general practitioner and the place of practice for which the person is seeking the allocation of that provider number is located in a distribution priority area; or
(8) This subsection is satisfied if:
(a) the place of practice covered by the person’s current application for the allocation of a provider number is located in the Northern Territory; or
(b) the specialty covered by the notification or determination referred to in subparagraph (7)(c)(ii) is any of the following:
(i)anaesthesia;
(ii)cardiology;
(iii)diagnostic radiology;
(iv)general surgery;
(v)medical oncology;
(vi)obstetrics and gynaecology;
(vii)ophthalmology;
(viii)psychiatry;
and the place of practice covered by the person’s current application for the allocation of a provider number is located in a district of workforce shortage area; or
(c) the specialty covered by the notification or determination referred to in subparagraph (7)(c)(ii) is any of the following:
(i)cardio-thoracic surgery;
(ii)dermatology;
(iii)emergency medicine;
(iv)endocrinology;
(v)gastroenterology and hepatology;
(vi)general medicine;
(vii)general paediatrics;
(viii)geriatric medicine;
(ix)haematology;
(x)intensive care medicine;
(xi)nephrology;
(xii)neurology;
(xiii)neurosurgery;
(xiv)orthopaedic surgery;
(xv)otolaryngology – head and neck surgery;
(xvi)paediatric surgery;
(xvii)pain medicine;
(xviii)palliative medicine;
(xix)plastic surgery;
(xx)rehabilitation medicine;
(xxi)respiratory and sleep medicine;
(xxii)rheumatology;
(xxiii)sport and exercise medicine;
(xxiv)urology;
(xxv)vascular surgery.
9Initial allocation of provider number—intern#
(1) For the purposes of section 6, the person satisfies this section if the person is a medical practitioner and the following requirements are satisfied.
Person is an intern
(2) A requirement is that the person is an intern.
Initial allocation of provider number
(3) A requirement is that:
(a) the person has not previously been allocated a provider number under Part IIAA of the Act as a medical practitioner; and
(b) the person has not previously been allocated an identification number as a medical practitioner.
Residency requirements
(4) A requirement is that the person, in the person’s application for the allocation of a provider number to the person, declared that the person was one of the following when the person first enrolled at an accredited medical school:
(a) an Australian citizen;
(b) a New Zealand citizen;
(c) an Australian permanent resident;
(d) a permanent resident of New Zealand.
No claiming of medicare benefits
(5) A requirement is that the person, in the person’s application for the allocation of a provider number to the person, declared that the person will not seek to claim medicare benefits in respect of a professional service rendered by the person at the place of practice covered by the person’s current application for the allocation of a provider number.
10Subsequent allocation of provider number—intern#
(1) For the purposes of section 6, the person satisfies this section if the person is a medical practitioner and the following requirements are satisfied.
Person is an intern
(2) A requirement is that the person is an intern.
Provider number requirement
(3) A requirement is that:
(a) the person has at least one provider number, allocated to the person under Part IIAA of the Act as a medical practitioner, that is in effect; and
(b) the person has been allocated, in total, no more than 2 of the following:
(i)provider numbers under Part IIAA of the Act;
(ii)identification numbers;
(including such allocations that are no longer in effect), as a medical practitioner, for the place of practice covered by the person’s current application for the allocation of a provider number.
Note: The allocation of a provider number to a person for a place of practice is taken not to be in effect while the allocation of the provider number is suspended: see subsection 22L(2) of the Act.
No claiming of medicare benefits
(4) A requirement is that the person, in the person’s application for the allocation of a provider number to the person, declared that the person will not seek to claim medicare benefits in respect of a professional service rendered by the person at the place of practice covered by the person’s current application for the allocation of a provider number.
11Allocation of provider number—dental practitioner#
(a)the person is applying as one of the following (the current practitioner type):
(i)a dental hygienist;
(ii)a dental prosthetist;
(iii)a dental therapist;
(iv)a dentist;
(v)an oral health therapist; and
(b)the following requirements are satisfied.
(2)The requirements are that:
(a)the person’s registration under the National Law as the current practitioner type is:
(i)a general registration; or
(ii)a specialist registration; and
(b)the person has been allocated, in total, no more than 2 of the following:
(i)provider numbers under Part IIAA of the Act;
(ii)identification numbers;
(including such allocations that are no longer in effect) as the current practitioner type for the place of practice covered by the person’s current application; and
(c)the person, in the person’s current application, declared that they will not be practising at the place of practice covered by the current application:
(ii)in the case of a dental hygienist, a dental therapist or an oral health therapist—as a representative public dental practitioner.
Note: The allocation of a provider number to a person for a place of practice is taken not to be in effect while the allocation of the provider number is suspended: see subsection 22L(2) of the Act.
12Allocation of provider number—other person registered with AHPRA#
(a)the person is applying as one of the following (the current practitioner type):
(ii)a chiropractor;
(iii)an occupational therapist;
(iv)an optometrist;
(v)an osteopath;
(vi)a physiotherapist;
(vii)a podiatrist;
(viii)a psychologist; and
(b)the following requirements are satisfied.
(2)The requirements are that:
(a)the person’s registration under the National Law as the current practitioner type is a general registration; and
(b)the person has been allocated, in total, no more than 2 of the following:
(i)provider numbers under Part IIAA of the Act;
(ii)identification numbers;
(including such allocations that are no longer in effect) as the current practitioner type for the place of practice covered by the person’s current application.
13Allocation of provider number—person not registered with AHPRA#
(1)This section applies if:
(a)the person is applying as one of the following (the current practitioner type):
(ii)an audiologist;
(iii)a diabetes educator;
(iv)a dietitian;
(v)an exercise physiologist;
(vi)a mental health nurse;
(vii)an orthoptist;
(viii)a social worker;
(ix)a speech pathologist; and
(b)the following requirements are satisfied.
(2)The requirements are that:
(a)the person has been allocated a provider number as the current practitioner type (regardless of the place of practice for which the provider number was allocated) which is in effect; and
(b)Services Australia’s records indicate that the person’s registration as the current practitioner type is current; and
(c)the person has been allocated, in total, no more than 2 of the following:
(i)provider numbers under Part IIAA of the Act;
(ii)identification numbers;
(including such allocations that are no longer in effect) as the current practitioner type for the place of practice covered by the person’s current application.
Note: The allocation of a provider number to a person for a place of practice is taken not to be in effect while the allocation of the provider number is suspended: see subsection 22L(2) of the Act.
Part 4 · Criteria for changing day of effect of suspension upon digital application
14Criteria for changing day of effect of suspension of allocation of provider number upon digital application#
15Changing day of effect of suspension—holder registered with AHPRA who is not a medical practitioner#
(a)the holder is applying as any of the following (the current practitioner type):
(ii)a chiropractor;
(iii)a dental hygienist;
(iv)a dental prosthetist;
(v)a dental therapist;
(vi)a dentist;
(vii)an occupational therapist;
(viii)an optometrist;
(ix)an oral health therapist;
(x)an osteopath;
(xi)a participating midwife;
(xii)a participating nurse practitioner;
(xiii)a physiotherapist;
(xiv)a podiatrist;
(xv)a psychologist; and
(b)the following requirements are satisfied.
(2)The requirements are that:
(a)there is at least one provider number that has been allocated to the holder as the current practitioner type, for any place of practice, the allocation of which is in effect; and
(b)the holder’s registration under the National Law as the current practitioner type is:
(i)a general registration; or
(ii)a specialist registration; and
(c)in the application under section 22M of the Act, the holder has specified a new day of effect of suspension which is not earlier than the day on which the application was made.
Note 1: The allocation of a provider number to a person for a place of practice is taken not to be in effect while the allocation of the provider number is suspended: see subsection 22L(2) of the Act.
16Changing day of effect of suspension—holder not registered with AHPRA#
(a)the holder is applying as any of the following (the current practitioner type):
(i)an audiologist;
(ii)a diabetes educator;
(iii)a dietitian;
(iv)an exercise physiologist;
(v)a health worker in Aboriginal and Torres Strait Islander health;
(vi)a mental health nurse;
(vii)an orthoptist;
(viii)a social worker;
(ix)a speech pathologist; and
(b)the following requirements are satisfied.
(2)The requirements are that:
(a)there is at least one provider number that has been allocated to the holder as the current practitioner type, for any place of practice, the allocation of which is in effect; and
(b)according to the records of Services Australia, the holder’s registration as the current practitioner type is current; and
(c)in the application under section 22M of the Act, the holder has specified a new day of effect of suspension which is not earlier than the day on which the application was made.
Note 1: The allocation of a provider number to a person for a place of practice is taken not to be in effect while the allocation of the provider number is suspended: see subsection 22L(2) of the Act.
Part 5 · Criteria for lifting suspension of allocation of provider number upon digital application
18Lifting suspension of allocation of provider number—holder registered with AHPRA who is not a medical practitioner#
(a)the holder is applying as any of the following (the current practitioner type):
(ii)a chiropractor;
(iii)a dental hygienist;
(iv)a dental prosthetist;
(v)a dental therapist;
(vi)a dentist;
(vii)an occupational therapist;
(viii)an optometrist;
(ix)an oral health therapist;
(x)an osteopath;
(xi)a participating midwife;
(xii)a participating nurse practitioner;
(xiii)a physiotherapist;
(xiv)a podiatrist;
(xv)a psychologist; and
(b)the following requirements are satisfied.
(2)The requirements are that:
(a)there is at least one provider number that has been allocated to the holder as the current practitioner type, for any place of practice, the allocation of which is in effect; and
(b)the holder’s registration under the National Law as the current practitioner type is:
(i) a general registration; or
(ii) a specialist registration.
Note 1: The allocation of a provider number to a person for a place of practice is taken not to be in effect while the allocation of the provider number is suspended: see subsection 22L(2) of the Act.
19Lifting suspension of allocation of provider number—holder not registered with AHPRA#
(a)the holder is applying as any of the following (the current practitioner type):
(i)an audiologist;
(ii)a diabetes educator;
(iii)a dietitian;
(iv)an exercise physiologist;
(v)a health worker in Aboriginal and Torres Strait Islander health;
(vi)a mental health nurse;
(vii)an orthoptist;
(viii)a social worker;
(ix)a speech pathologist; and
(b)the following requirements are satisfied.
(2)The requirements are that:
(a)there is at least one provider number that has been allocated to the holder as the current practitioner type, for any place of practice, the allocation of which is in effect; and
(b)according to the records of Services Australia, the holder’s registration as the current practitioner type is current.
Note 1: The allocation of a provider number to a person for a place of practice is taken not to be in effect while the allocation of the provider number is suspended: see subsection 22L(2) of the Act.
Part 6 · Transitional rules
20Transitional provision—allocations that are suspended immediately before the commencement day#
(1)This section applies in relation to an identification number if:
(a)before the commencement day:
(i)a decision, or a purported decision, had been made to allocate the number to a person for a place of practice; and
(ii)a decision, or a purported decision, had been made to suspend the allocation; and
(iii)a decision, or a purported decision, had not been made to revoke the allocation; and
(b)according to the records of Services Australia, immediately before the commencement day, the allocation was not in effect.
Note: The allocation of a provider number to a person for a place of practice is taken not to be in effect while the allocation of the provider number is suspended: see subsection 22L(2) of the Act.
(2)On and after the commencement day:
(a)the identification number has effect as if it were a provider number allocated under Part IIAA of the Act to that person for that place of practice; and
(3)If:
(a)before the commencement day, a decision, or a purported decision, had been made to lift the suspension; but
(b)the decision, or purported decision, was to take effect on or after the commencement day;
then, on and after the commencement day, the decision, or purported decision, to lift the suspension has effect as if:
(d)it complied with subsections 22Q(5) and (6) of the Act.
(4)In this section:
commencement day means the day on which this instrument commences.
21Transitional provision—requests that are pending immediately before the commencement day#
(1)This section applies if, before the commencement day:
(a)a person had made a request in writing to the Chief Executive Medicare to:
(i)suspend the allocation of an identification number; or
(ii)change the day of effect of such a suspension; or
(iii)lift such a suspension; but
(b)the Chief Executive Medicare had not made a decision, or a purported decision, in respect of the request.
(2)On and after the commencement day, the request has effect as if:
(a)in the case of subparagraph (1)(a)(i)—it were a request made under subsection 22K(1) of the Act; and
(b)in the case of subparagraph (1)(a)(ii):
(ii)it complied with subsection 22M(4) of the Act; and
(3)In this section:
commencement day means the day on which this instrument commences.
22Transitional provision—allocations that have not taken effect before the commencement day#
(1)This section applies if:
(a)before the commencement day, a decision had been made, or purportedly made, to allocate an identification number to a person for a place of practice; and
(b)immediately before the commencement day, the allocation had not taken effect.
(2)On and after the commencement day:
(3)In this section:
commencement day means the day on which this instrument commences.
23Transitional provision—revocation decisions made before the commencement day#
(1)This section applies if:
(a)before the commencement day, the Chief Executive Medicare made a decision, or purported to make a decision, to revoke an identification number; and
(b)the decision, or purported decision, was to take effect on or after the commencement day; and
(c)immediately before the commencement day, the allocation was in effect.
Note: In these circumstances, on and after the commencement day, the identification number would have effect as if it were a provider number allocated under Part IIAA of the Act: item 3 of Schedule 1 to the Health Legislation Amendment (Miscellaneous Measures No. 1) Act 2025.
(2)On and after the commencement day:
(b)subsections 22J(4) and (5) of the Act do not apply in relation to the decision or purported decision.
(3)In this section:
commencement day means the day on which this instrument commences.
24Transitional provision—decisions about identification numbers made but not notified before the commencement day#
(1)This section applies if, before the commencement day:
(a)the Chief Executive Medicare made, or purported to make, a decision under subsection 35(2), (5), (6), (7) or (8), subsection 35B(1) or (2), or subsection 35C(2), (5), (6), (7) or (8), of the former Regulations; and
(b)the Chief Executive Medicare had not complied with section 35E of the former Regulations in respect of that decision or purported decision.
(2)On and after the commencement day:
(a)section 35E of the former Regulations continues to apply, as if it had not been repealed, in relation to the decision or purported decision; and
(b)section 22T of the Act applies in relation to a decision made under subsection 35(6) or (8), subsection 35B(2), or subsection 35C(6) or (8) of the former Regulations as if the decision had been made under:
(i)in the case of a decision made, or purported to have been made, under subsection 35(6) or (8) of the former Regulations—paragraph 22E(2)(b) of the Act; and
(ii)in the case of a decision made, or purported to have been made, under subsection 35B(2) of the former Regulations—subsection 22K(3) of the Act; and
(iii)in the case of a decision made, or purported to have been made, under subsection 35C(6) or (8) of the former Regulations—paragraph 22Q(2)(b) of the Act.
(3)In this section:
commencement day means the day on which this instrument commences.
former Regulations means the Human Services (Medicare) Regulations 2017 as in force immediately before the commencement day.
25commencement dayrovision—decision on reconsideration not made, or made but not notified, before the commencement day#
(1)This section applies if, before the commencement day:
(a)a person had requested, in writing, under section 35F of the former Regulations, the Chief Executive Medicare to reconsider a decision; and
(b)the person’s request for reconsideration was not taken to have been withdrawn under subsection 35F(4) of the former Regulations.
(2)If, before the commencement day, the Chief Executive Medicare had not made a decision on reconsideration under subsection 35F(5) of the former Regulations in relation to the request, then, on and after the commencement day:
(b)the request is taken to have been made in accordance with subsections 22T(2) and (3) of the Act; and
(c)for the purposes of paragraph 22T(6)(a) of the Act, the 60-day period begins on the day on which the Chief Executive Medicare received the request under section 35F of the former Regulations; and
(d)if, before the commencement day, a longer period had been agreed for the purposes of paragraph 35F(6)(b) of the former Regulations—that longer period is taken to have been agreed to for the purposes of paragraph 22T(6)(b) of the Act.
(3)If, before the commencement day:
(a)the Chief Executive Medicare made a decision, or purported to make a decision, on reconsideration under subsection 35F(5) of the former Regulations in relation to the request; but
(b)had not complied with subsection 35F(7) of the former Regulations in relation to the request;
then on and after the commencement day:
(c)the Chief Executive Medicare must comply with subsection 22T(7) of the Act in relation to the decision or purported decision; and
(4)In this section:
commencement day means the day on which this instrument commences.
former Regulations means the Human Services (Medicare) Regulations 2017 as in force immediately before the commencement day.
26Transitional provision—identification numbers allocated under the Dental Benefits Act 2008#
(1)An identification number that:
(a)before the commencement day, only for the purposes of the Dental Benefits Act 2008, was allocated, or taken to have been allocated, under the Human Services (Medicare) Regulations 2017 to a person in relation to a place of practice; and
(b)was in effect immediately before the commencement day;
has effect on and after the commencement day as if it were a provider number allocated under Part IIAA of the Act to that person for that place of practice.
(2)In this section:
commencement day means the day on which this instrument commences.
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.