Norfolk Island Legislation Amendment (Pathology Transitional) Rule 2016 (Cth)

Norfolk Island Legislation Amendment (Pathology Transitional) Rule 2016

made under item 357 of Schedule 2 of the
Norfolk Island Legislation Amendment Act 2015

Compilation No. 1

Compilation date:                              22 February 2017

Includes amendments up to:           F2017L00137

About this compilation

This compilation

This is a compilation of the Norfolk Island Legislation Amendment (Pathology Transitional) Rule 2016 as amended and in force on 22 February 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( For more information on any uncommenced amendments, see the series page on Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary   1

1  Name   1

2  Commencement   1

3  Cessation   1

4  Authority   1

Part 2—Transitional rule  1

5  Interpretation   1

6  Pathology services provided at the Norfolk Island Health and Residential Aged Care Service Facility              2

Endnotes3

Endnote 1—About the endnotes  3

Endnote 2—Abbreviation key  4

Endnote 3—Legislation history  5

Endnote 4—Amendment history  6

Part 1—Preliminary

1  Name

This is the Norfolk Island Legislation Amendment (Pathology Transitional) Rule 2016.

2  Commencement

This rule commences immediately after Part 1 of Schedule 2 of the Norfolk Island Legislation Amendment Act 2015.

Note:          Part 1 of Schedule 2 commences on 1 July 2016.

3  Cessation

This rule ceases as if repealed on 1 September 2017.

4  Authority

This rule is made under item 357 of Schedule 2 of the Norfolk Island Legislation Amendment Act 2015.

Part 2—Transitional rule

5  Interpretation

(1)   In this rule, unless the contrary intention appears:

accredited pathology laboratory has the meaning given by subsection 3(1) of the Health Insurance Act 1973.

approved pathology authority has the meaning given by subsection 3(1) of the Health Insurance Act 1973.

approved pathology practitioner has the meaning given by subsection 3(1) of the Health Insurance Act 1973.

medical practitioner has the meaning given by subsection 3(1) of the Health Insurance Act 1973.

Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.

Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility:

(a)continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985 ; and

(b)at which, before 1 July 2016, pathology services were provided.  

pathology service has the meaning given by subsection 3(1) of the Health Insurance Act 1973.

6  Pathology services provided at the Norfolk Island Health and Residential Aged Care Service Facility

(1)       This rule applies in respect of a pathology service that is:

(a)  rendered by or on behalf of a medical practitioner who is employed by, or engaged under a contract for services with, the Norfolk Island Health and Residential Aged Care Service;

(b) rendered at the Norfolk Island Health and Residential Aged Care Service Facility; and

(c)  of a kind that was ordinarily rendered on Norfolk Island before 1 July 2016. 

(2)       The medical practitioner by whom or on whose behalf the service was rendered is taken to be an approved pathology practitioner in respect of that service. 

(3)       The Norfolk Island Health and Residential Aged Care Service Facility is taken to be:

(a)  an accredited pathology laboratory, the sole proprietor of which is the Norfolk Island Health and Residential Aged Care Service; and

(b) accredited for pathology services of that kind.

(4)       The Norfolk Island Health and Residential Aged Care Service is taken to be an approved pathology authority in respect of that service. 

(5) This rule ceases to apply if the Norfolk Island Health and Residential Aged Care Service Facility, or any part of it, becomes an accredited pathology laboratory following an application made under section 23DN of the Health Insurance Act 1973. 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the complied law.

The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
exp = expires/expired or ceases/ceased to have
effect	reloc = relocated
F = Federal Register of Legislation	renum = renumbered
gaz = gazette	rep = repealed
LA = Legislation Act 2003	rs = repealed and substituted
LIA = Legislative Instruments Act 2003	s = section(s)/subsection(s)
(md) = misdescribed amendment can be given	Sch = Schedule(s)
effect	Sdiv = Subdivision(s)
(md not incorp) = misdescribed amendment	SLI = Select Legislative Instrument
cannot be given effect	SR = Statutory Rules
mod = modified/modification	Sub‑Ch = Sub‑Chapter(s)
No. = Number(s)	SubPt = Subpart(s)
underlining = whole or part not
commenced or to be commenced

Endnote 3—Legislation history

Name	FRLI registration or gazettal	Commencement	Application, saving and transitional provisions
Norfolk Island Legislation Amendment Act Transitional Rule (Pathology) 2016	F2016L01121 (30 June 2016)	1 July 2016
Norfolk Island Legislation Amendment (Pathology Transitional) Amendment (Cessation Date) Rule 2017	F2017L00137 (21 February 2017)	22 February 2017

Endnote 4—Amendment history

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected	How affected
s. 1	rs. No. F2017L00137, 2017
s. 3	am. No. F2017L00137, 2017