Commonwealth Consolidated Acts

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HEALTH INSURANCE ACT 1973 - SECT 23DZZZH

Application of this Part to partnerships

  (1)   Where a partnership, rather than a person or government agency, is in effective control of:

  (a)   radiation oncology premises, whether or not the holder of an estate or interest in the premises; and

  (b)   the use of the radiation oncology equipment used at the premises; and

  (c)   the employment of staff (including medical practitioners) connected with the premises;

each partner in the partnership is taken to be a proprietor of the premises for the purposes of this Part.

  (2)   Where a partnership, rather than a person or government agency, is in effective control of:

  (a)   a base for mobile radiation oncology equipment, whether or not the holder of an estate or interest in the base; and

  (b)   the use of radiation oncology equipment ordinarily located at the base when not in use; and

  (c)   the employment of staff (including medical practitioners) connected with the base;

each partner in the partnership is taken to be a proprietor of the premises for the purposes of this Part.

  (3)   However:

  (a)   an obligation under this Part, although imposed on each partner in the partnership, may be discharged by any of them; and

  (b)   a right under this Part, if exercised by one of the partners in the partnership, is taken to have been exercised on behalf of all of them; and

  (c)   no more than one partner may be punished for one offence under this Part.

  (4)   In this section:

"employment" has the same meaning as in section   23DZZN.

"government agency" has the same meaning as in section   23DZZN.

 



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