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HUMAN SERVICES (MEDICARE) ACT 1973 - SECT 3A

Definitions of relevant offence

  (1)   For the purposes of this Act other than Divisions   2 and 3 of Part   IID, a relevant offence is:

  (a)   an offence against the Health Insurance Act 1973 ; or

  (b)   an offence against Part   VII of the National Health Act 1953 ; or

  (ba)   an offence against the Health and Other Services (Compensation) Act 1995 ; or

  (bb)   an offence against the Medical Indemnity Act 2002 ; or

  (bc)   an offence against the Dental Benefits Act 2008 ; or

  (bd)   an offence against the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 ; or

  (c)   an offence against section   6 of the Crimes Act 1914 , or section   11.1, 11.4 or 11.5 of the Criminal Code , that relates to an offence referred to in paragraph   (a), (b), (ba), (bb), (bc) or (bd).

  (2)   For the purposes of Division   2 of Part   IID, a relevant offence is:

  (a)   an offence against Division   3 of Part   IIBA or section   128A, 128B, 129 or 129AA of the Health Insurance Act 1973 ; or

  (b)   an offence against subsection   84L(1) or (2) or section   103 of the National Health Act 1953 ; or

  (ba)   an offence against the Medical Indemnity Act 2002 ; or

  (bb)   an offence against section   50, 51, 52, 53 or 54 of the Dental Benefits Act 2008 ; or

  (bc)   an offence against the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 ; or

  (c)   an offence against section   6 of the Crimes Act 1914 , or section   11.1, 11.4 or 11.5 of the Criminal Code , that relates to an offence referred to in paragraph   (a), (b), (ba), (bb) or (bc); or

  (d)   an offence against section   134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1, 137.2, 145.2 or 145.3 of the Criminal Code that relates to:

  (i)   a claim for payment in respect of the rendering of a professional service or dental service; or

  (ii)   an indemnity scheme payment; or

  (iii)   a Commonwealth contribution (within the meaning of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 ).

  (2A)   For the purposes of Division   3 of Part   IID, a relevant offence is:

  (a)   an offence against Division   3 of Part   IIBA or section   128A, 128B, 129 or 129AA of the Health Insurance Act 1973 ; or

  (b)   an offence against subsection   84L(1) or (2) or section   103 of the National Health Act 1953 ; or

  (c)   an offence against the Health and Other Services (Compensation) Act 1995 ; or

  (ca)   an offence against the Medical Indemnity Act 2002 ; or

  (cb)   an offence against section   50, 51, 52, 53 or 54 of the Dental Benefits Act 2008 ; or

  (cc)   an offence against the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 ; or

  (d)   an offence against section   6 of the Crimes Act 1914 , or section   11.1, 11.4 or 11.5 of the Criminal Code , that relates to an offence referred to in paragraph   (a), (b), (c), (ca), (cb) or (cc); or

  (e)   an offence against section   134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1, 137.2, 145.2 or 145.3 of the Criminal Code that relates to:

  (i)   a claim for payment in respect of the rendering of a professional service or dental service; or

  (ii)   an indemnity scheme payment; or

  (iii)   a Commonwealth contribution (within the meaning of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 ).

  (3)   In subsections   (2) and (2A):

"dental service" has the same meaning as in the Dental Benefits Act 2008 .

"indemnity scheme payment" has the same meaning as in the Medical Indemnity Act 2002 .

"professional service" has the same meaning as in the Health Insurance Act 1973 .



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