Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where a person (in this section called the applicant ) makes an application, in writing in the approved form, to the Minister for the approval of premises as an accredited pathology laboratory, the Minister may, in writing:
(a) approve in principle the premises as an accredited pathology laboratory; or
(b) refuse to approve the premises as an accredited pathology laboratory.
(2) Where:
(a) the Minister approves in principle premises under subsection (1); and
(b) the applicant pays the accreditation fee in respect of the approval of the premises;
the Minister must:
(c) approve, in writing, the premises as an accredited pathology laboratory; and
(d) give a copy of the approval to the applicant.
(2A) An approval in principle under subsection (1), and an approval under subsection (2), of premises as an accredited pathology laboratory must specify:
(a) the kind of pathology services in respect of which the premises are approved for the purposes of this Act; and
(b) the category of accreditation allocated to the premises; and
(c) the period (not exceeding 3 years) for which the approval is to have effect.
(4) An approval under subsection (2):
(a) subject to section 23DNAAA, takes effect on the day on which the approval is given or on such day (not being a day earlier than the day on which the application for the approval was received by the Minister) as is specified in the approval; and
(b) ceases to have effect upon:
(i) the revocation of the approval; or
(ii) the expiration of the period specified in the approval as the period for which the approval is to have effect;
whichever first occurs.
(5) Where the Minister makes a decision under subsection (1) approving in principle or refusing to approve premises as an accredited pathology laboratory, the Minister shall give notice in writing of the decision to the person who applied for the approval.
(6) Where the Minister varies or revokes an approval given under subsection (2) in relation to premises, the Minister shall give notice in writing of the variation or revocation to the proprietor of the premises.
(6A) The Minister must, in exercising the Minister's powers under this section at a particular time, apply the principles determined under section 23DNA that are in force at that time.
(7) A notice under subsection (5) or (6) shall include a statement to the effect that, subject to the Administrative Review Tribunal Act 2024 , application may be made to the Administrative Review Tribunal for review of the decision to which the notice relates by or on behalf of a person whose interests are affected by the decision.
(7A) Where the Minister revokes the approval of premises as an accredited pathology laboratory otherwise than at the request of the proprietor of the premises, the Minister may:
(a) cause a copy of the notice of revocation given under subsection (6) to be published:
(i) in the Gazette ; or
(ii) by such other means as the Minister in the circumstances thinks appropriate; and
(b) cause a copy of the notice to be laid before each House of the Parliament within 15 sitting days of that House after the notice has been given by the Minister.
(13) Any failure to comply with the requirements of subsection (7) in relation to a decision does not affect the validity of the decision.