Health Insurance (Section 3C Diagnostic Imaging Services – Cardiac MRI for Myocarditis) Repeal Determination 2025

The primary legal concepts expressed in the instrument are repeal, commencement conditionality, statutory authority, and schedule-based amendment mechanics. The instrument does not include policy statements, definitions, or operative rules about diagnostic imaging or Cardiac MRI; it operates at the level of delegated legislation mechanics.

Repeal: The Schedule executes a full repeal. Schedule 1 names the earlier instrument and directs that “The whole of the instrument” is to be repealed. This is a complete repeal rather than a partial amendment of particular provisions. See Schedule 1,Repeals.

Commencement conditionality: Section 2 contains a commencement table where column 2 specifies the timing. The whole instrument is to commence “Immediately after the commencement of the Health Insurance Legislation Amendment (2025 Measures No. 3) Regulations 2025.” The table also states that if that event does not occur the provisions “do not commence at all.” The instrument therefore implements conditional timing rather than fixed date commencement. See s 2 and the commencement table.

Statutory authority: Section 3 records that the instrument is made under subsection 3C(1) of the Health Insurance Act 1973. That citation defines the legal power under which the instrument was made. The instrument does not include the text of s 3C(1), nor does it describe the identity of the maker beyond invoking that subsection. See s 3.

Schedule-based amendment mechanics: Section 4 frames how Schedules operate. It provides that “Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.” The Schedule therefore performs the operative work; s 4 is the linking provision that converts Schedule entries into legal effect. See s 4 and Schedule 1.

Ancillary drafting notes in the commencement table qualify the table’s legal status: one note explains the table “relates only to the provisions of this instrument as originally made” and will not be amended in the table to reflect later amendments, and another note clarifies that information in column 3 is not part of the instrument. These drafting notations affect where to look for binding text. See s 2.

The instrument thus organises a straightforward repeal under the Health Insurance Act 1973, subject to conditional commencement keyed to another instrument’s activation, and relies on the Schedule mechanism to execute the repeal.

The primary direct legal effect is on the text and legal force of the Health Insurance (Section 3C Diagnostic Imaging Services - Cardiac MRI for Myocarditis) Determination 2024, because Schedule 1 repeals that instrument in full. Parties who are affected in practice will be those whose rights, obligations, entitlements or administrative settings were established by the 2024 Determination, because repeal removes that instrument from the subordinate law framework. The instrument itself does not list those parties; identifying them requires examination of the repealed 2024 Determination. See Schedule 1 and s 4.

Administrators: The body or bodies responsible for administering health insurance arrangements under the Health Insurance Act 1973 will be affected in their regulatory framework because a subordinate instrument they previously relied on will be removed. The instrument does not name the administrator, but the authority citation to s 3C(1) places the action within the Health Insurance Act’s delegated-legislation domain. See s 3.

Service providers: Any medical imaging providers, hospitals, clinics, or practitioners whose billing, reporting, or eligibility obligations were set by the 2024 Determination may see their regulatory basis changed by this repeal. The instrument contains no transitional provisions, so the status of services performed before commencement, or claims already made, is not addressed in the instrument. Therefore, providers should treat the repeal as removing the named Determination but must check the 2024 Determination to confirm which services and entitlements are affected. See Schedule 1 and s 2 (commencement).

Insurers and payers: If the repealed Determination played any role in public payer entitlements or instructions to private funders, the repeal will alter the subordinate law record. The instrument does not itself instruct payers or set payment rules; it simply removes the previous instrument. See Schedule 1 and s 4.

Patients: Individuals who received care under arrangements governed or enabled by the 2024 Determination are affected indirectly because the regulatory underpinning of those arrangements will be removed on commencement. The instrument does not contain consumer-facing protections or savings provisions. See Schedule 1.

Regulatory decision‑makers and legal advisers: Those who advise on Medicare or other health insurance compliance will need to track the conditional commencement rule in s 2 closely because the repeal only occurs if the other Regulation commences. The instrument places a monitoring burden on legal and compliance teams to watch the Health Insurance Legislation Amendment (2025 Measures No. 3) Regulations 2025. See s 2.

In summary, the instrument directly affects the prior Determination and indirectly affects any person or entity whose legal position depended on that Determination. The instrument does not enumerate affected classes; the identity and practical consequences for each class must be inferred from a review of the 2024 Determination which the instrument repeals in whole.

The instrument is focused on repeal and does not itself create new substantive duties or rights. Its operative text removes a prior delegated instrument and sets a conditional commencement. Key legal duties and rights relevant to stakeholders must therefore be traced back to the repealed 2024 Determination and to the Health Insurance Act 1973, because this instrument does not innovate substantive entitlements, obligations, or exceptions.

Duty to monitor commencement: A practical duty imposed by the instrument is informational and procedural. Section 2 requires monitoring of whether the Health Insurance Legislation Amendment (2025 Measures No. 3) Regulations 2025 commences, because only then will the repeal in Schedule 1 take effect. The instrument states that “the provisions do not commence at all if the event mentioned above does not occur.” Parties with compliance responsibilities will therefore have to track the other instrument’s commencement to know whether the legal framework has changed. See s 2.

Absence of transitional duties or savings: The instrument contains no transitional provisions, savings clauses, or express treatment of unfinished business. That omission means that any rights or obligations that were conferred or imposed under the repealed instrument will no longer have the textual source that they previously had, once repeal commences. Whether those rights or duties survive under other law is not addressed in this instrument. See Schedule 1 and s 4.

Reliance on underlying Act: The instrument is made under subsection 3C(1) of the Health Insurance Act 1973 (s 3). Any duties or rights that continue or that are recreated after repeal will depend on the Health Insurance Act and any other delegated instruments that remain in force. This instrument does not modify s 3C(1) itself; it exercises the delegated power to repeal a subordinate instrument made under that power. See s 3.

Administrative duty to update registers and records: Administrative bodies who maintain registers of determinations, or who publish consolidated subordinate legislation, have a duty to remove or annotate the repealed Determination when the repeal takes effect. The commencement table notes that column 3 information is not part of the instrument and that the table will not be amended to record later amendments. Administrators must therefore ensure their external registers correctly reflect the repeal irrespective of the static commencement table note. See s 2 and s 4.

No express rights granted: The instrument does not grant any new entitlements to persons or organisations. Its legal effect is negative: it removes a subordinate legal instrument. Any subsequent rights depend on what, if anything, replaces the repealed Determination or on the statutory provisions of the Health Insurance Act. See Schedule 1 and s 4.

In short, the only express duty created by this instrument is the need to watch the conditional commencement and to implement the repeal administratively when and if it occurs. Other duties and rights remain located in the repealed Determination and in the principal Act.

This instrument contains no penalty clauses and does not create any enforcement mechanisms. It is a repeal determination; its text does not impose sanctions, civil penalties, criminal offences, or enforcement pathways. There is no mention in the instrument of delegated enforcement powers, infringement notices, or authorised officers. See Schedule 1 and the body of the instrument.

Enforcement consequences arise indirectly through the effects of the repeal. Removing the 2024 Determination may change what is permitted or authorised under the subordinate law framework that supports the Health Insurance Act 1973. Any penalties that applied under that Determination, or that apply under the Act for non-compliance with its provisions, are not referenced here. The instrument does not set out whether conduct that was lawful under the repealed Determination will be subject to retrospective enforcement, or whether other offences remain applicable after the repeal. The instrument is silent on transitional enforcement matters. See Schedule 1.

Administrative enforcement responsibilities: The instrument places an implicit administrative enforcement duty on relevant regulatory agencies to update internal guidance, public registers and compliance advice to reflect the repeal. While not penalties, these administrative actions are enforcement-adjacent in the sense that they shape the compliance environment. The instrument does not prescribe steps or timelines for that administrative updating. See s 4 and s 2.

Litigation and judicial review: The instrument does not itself set out dispute resolution or judicial review procedures. Normal judicial review avenues under administrative law would remain available for decisions taken under the Health Insurance Act or for challenges to the validity of the instrument, but the instrument does not address that. Any litigation consequences arising from the repeal would be driven by pre-existing statutory and common law mechanisms, not by this instrument. See s 3.

Consequence: Readers must not assume new enforcement powers attach to this instrument. The repeal is a change in the corpus of subordinate legislation and does not itself prescribe penalties or enforcement arrangements. Any enforcement impact will depend on the content of the repealed Determination and of the principal Act.

This instrument interacts chiefly with three categories of legal texts: the repealed subordinate instrument named in Schedule 1, the Health Insurance Act 1973 under which it is made, and the Health Insurance Legislation Amendment (2025 Measures No. 3) Regulations 2025 that trigger its commencement.

Interaction with the repealed instrument: Schedule 1 expressly repeals the Health Insurance (Section 3C Diagnostic Imaging Services - Cardiac MRI for Myocarditis) Determination 2024 in its entirety. The legal effect is to remove that instrument from the body of subordinate law. That interaction is direct and categorical. The instrument does not provide partial amendments or carve-outs; it repeals the whole instrument. See Schedule 1 and s 4.

Interaction with the Health Insurance Act 1973: The instrument is made under subsection 3C(1) of the Health Insurance Act 1973 (s 3). That citation establishes the source of power for making or repealing subordinate instruments concerned with section 3C diagnostic imaging services, but the instrument does not amend the principal Act itself. The instrument therefore interacts as an exercise of delegated power under the Health Insurance Act, rather than as a primary-law amendment. The repeal may alter how the Act operates in practice if the removed Determination had been referenced in administrative practice or in the operation of section 3C functions. See s 3.

Interaction with the triggering regulations: The instrument’s commencement is tied to the Health Insurance Legislation Amendment (2025 Measures No. 3) Regulations 2025. It commences immediately after those Regulations commence, and it will not commence at all if that event does not occur. This creates a dependency between subordinate instruments: one instrument’s legal effect is conditional on the commencement of another. That dependency can produce sequencing risks if the triggering Regulations are delayed, changed, or fail to commence. See s 2.

Interaction with administrative records: The commencement table contains notes that the table “relates only to the provisions of this instrument as originally made” and that information in column 3 is not part of the instrument. These drafting cross-references affect how the instrument will be reflected in consolidated legislative texts and in registers. Administrative consolidation and publication practices will determine the practical visibility of the repeal. See s 2.

No express savings or consequential amendments: The instrument does not include express consequential amendments to other instruments, nor savings for acts done under the repealed Determination. Therefore, its interaction with other laws beyond removal of the named Determination depends on the broader legal framework, and the instrument leaves those interactions to be addressed elsewhere or to be inferred from the principal Act. See Schedule 1 and s 4.

In sum, the instrument is an exercise of delegated repeal power that is conditional on another regulation’s commencement and that directly withdraws a specified subordinate instrument. The broader legal consequences depend on the content of the repealed Determination and on the principal Health Insurance Act 1973.

The instrument’s own amendment history as contained in the text is minimal and self-referential. Section 2 includes an explicit drafting note concerning the commencement table: “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.” That means the commencement table records the original commencement mechanics and will not be relied upon as a running ledger of later changes. See s 2.

There are no subsequent amendments recorded within the instrument text provided. The instrument does not itself include any amending acts, schedules amending other instruments except for the single Schedule 1 repealing the 2024 Determination, or revocation clauses beyond that repeal. See s 4 and Schedule 1.

Schedule mechanics: Section 4 provides that “Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.” That is the standard mechanism by which the instrument effects changes to other instruments. For amendment history tracking, any future amendments to this Repeal Determination would not be reflected in the commencement table, per s 2. See s 4 and s 2.

Temporal relationship with the 2024 Determination: The instrument repeals the earlier Determination entirely. That repeal alters the legislative history of subordinate instruments relevant to section 3C diagnostic imaging services. Any record of the 2024 Determination’s making, earlier amendments to it, or subsequent judicial or administrative developments remain in historical records, but the active text will be removed on commencement. The instrument does not provide a chronology of the 2024 Determination’s own amendments; it only provides the act of repeal. See Schedule 1.

No record of prior versions or amendments: The instrument does not list any previous amendments to itself. The instrument therefore appears, from the text supplied, as a single, self-contained instrument effecting a single repeal, with conditional commencement. See entire instrument.

Practically, those tracking amendment histories must consult the legislative register or the consolidated legislation system to see the 2024 Determination’s prior status and to record that the 2024 Determination has been removed from the current law once this Repeal Determination commences. The instrument’s text reminds administrators that the commencement table will not be auto-updated to reflect later amendments, which is relevant to amendment-history custodians. See s 2.

The instrument contains no references to litigation, court decisions, or administrative appeals. The text does not identify any past or pending cases concerning either the 2024 Determination that it repeals or about the subject matter of diagnostic imaging services. There is therefore no litigation history set out in the instrument itself.

Absence of litigation references means that any judicial engagement over the repeal is not disclosed here. If parties wished to challenge the validity or the exercise of power under subsection 3C(1) of the Health Insurance Act 1973, those challenges would proceed under general administrative law pathways, but the instrument does not specify or foreclose any particular litigation avenue. The instrument is silent on whether litigation exists or is anticipated. See s 3 and Schedule 1.

Potential litigation loci implied by the instrument’s silence: Because the instrument repeals a prior Determination in full and does not contain savings or transitional provisions, potential dispute points for litigation could include questions about retrospective effect, the lawfulness of actions taken under the repealed Determination before repeal, and whether any rights or liabilities survive the repeal. The instrument itself does not answer these questions; judicial resolution would be required if interested parties litigate those issues. However, the instrument does not state that litigation exists or name any proceedings. See Schedule 1 and s 2.

Judicial review of decision-making: The instrument is an exercise of delegated power under s 3C(1) of the Health Insurance Act 1973 (s 3). Challenges to the validity of the instrument could take the form of judicial review applications contesting whether the power was validly exercised, whether relevant procedures were followed, or whether the instrument conforms to statutory limits. The text does not provide any detail on such procedural or substantive legality questions, and it does not indicate whether consultation or other preconditions were satisfied. See s 3.

Record-keeping for litigation risk management: Because the instrument removes a subordinate instrument without transitional provisions and ties commencement to another Regulation, parties concerned about litigation risk should keep contemporaneous records of actions taken under the repealed Determination and of notice steps leading to the repeal. Those operational preparations are prudent given the instrument’s silence on litigation history and on future dispute resolution. The instrument itself contains no litigation history. See entire instrument.

This instrument contains several drafting features that present concrete practical risks or traps if users do not read the text carefully.

Conditional commencement: The entire repeal is conditional on the commencement of the Health Insurance Legislation Amendment (2025 Measures No. 3) Regulations 2025. The instrument states that the provisions “do not commence at all if the event mentioned above does not occur.” Practically, that means the repeal may never take effect. Parties assuming that the 2024 Determination has been or will be repealed must check whether the triggering Regulations have actually commenced. See s 2 and the commencement table.

No transitional or savings provisions: The instrument repeals the whole of the 2024 Determination and contains no savings for actions taken under it, no transitional arrangements for rights or claims in progress, and no express handling of existing approvals, claims, or billing processes. If the 2024 Determination governed eligibility, billing, or administrative processes, their legal basis will vanish on commencement. Stakeholders should not assume continuity without examining the 2024 Determination and the principal Act. See Schedule 1 and s 4.

Commencement table caveat: The instrument contains a drafting note that the commencement 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.” Users who look to the table for a historical ledger of changes may be misled; the table is static relative to later amendments. Also the table’s column 3 material is explicitly not part of the instrument. See s 2.

Lack of maker identification: The instrument cites subsection 3C(1) of the Health Insurance Act 1973 as its authority but does not identify who made the instrument. That absence can complicate correspondence or challenges because the instrument text does not state the responsible Minister or officer. Procedural questions about publication, signature and notice may therefore require administrative follow-up. See s 3.

Administrative burden to monitor triggering instrument: Because commencement is contingent on another instrument, affected parties have a monitoring obligation. Missing the actual commencement step could result in applying an incorrect legal regime to billing, coverage or claims. The instrument places that operational risk squarely on administrators and regulated parties by making commencement contingent. See s 2.

No express interaction with other instruments beyond the trigger: The instrument does not specify whether other related determinations or regulations will be adjusted or whether replacement rules will be made. Stakeholders who assume that the repeal is accompanied by replacement rules should not rely on that assumption based on this instrument alone. See Schedule 1.

Publication and register effects: The table notes that information in column 3 is not part of the instrument and that the table may not be changed to record later amendments. Users relying on consolidated online registers should verify the repeal status in authoritative legislative registers rather than relying solely on the static table. See s 2.

In short, the key "gotchas" are the conditional commencement, lack of transitional provisions, and the need to check the content of the repealed Determination and the triggering Regulations to understand practical effects.

Compliance with this instrument is largely administrative and contingent. The instrument itself does not create new substantive obligations, but it requires affected entities to take steps to monitor and adapt to the repeal of the 2024 Determination. The following are practical, source-grounded compliance steps based on the instrument’s text.

1. Identify whether you or your organisation is governed by the repealed Determination.

   • Action: Obtain and review the Health Insurance (Section 3C Diagnostic Imaging Services - Cardiac MRI for Myocarditis) Determination 2024 to see which services, eligibility criteria, billing items, approvals or reporting obligations it contained.
   • Why: This instrument in Schedule 1 repeals that Determination in full; without that review you cannot know what will be removed on repeal. See Schedule 1.

2. Monitor the triggering instrument’s commencement.

   • Action: Track the Health Insurance Legislation Amendment (2025 Measures No. 3) Regulations 2025 for its notice of commencement. The repeal in this instrument only occurs “immediately after” that Regulation commences, and it will not commence at all if the event does not occur. Establish an internal watch or subscribe to official legislative notices to capture the actual commencement event.
   • Why: The conditional commencement is the key operational trigger for the repeal. See s 2 and the commencement table.

3. Prepare contingency plans for operational, billing and contractual effects.

   • Action: Draft contingency procedures for scenarios where the repeal does and does not take effect, including templates for communication to staff, patients, and payers; steps for adjusting billing systems; and review of contracts that reference the 2024 Determination.
   • Why: There are no transitional or savings provisions in the Repeal Determination, so continued lawful operation may require alternative legal bases or contract renegotiation. See Schedule 1 and s 4.

4. Update administrative records and public guidance on commencement.

   • Action: When and if the repeal takes effect, update internal guidance, publicly available policies, and external information portals to indicate that the 2024 Determination has been repealed. Note that the instrument’s commencement table will not itself be amended to reflect later amendments, so independent updates are required.
   • Why: Administrative clarity reduces compliance risk and prevents mistaken reliance on a repealed instrument. See s 2 and s 4.

5. Preserve contemporaneous records for actions taken under the 2024 Determination.

   • Action: Retain documentation of approvals, claims, and clinical decisions made under the repealed Determination for an appropriate records-retention period, pending any legal questions about the status of acts done under the repealed instrument.
   • Why: The Repeal Determination contains no savings clause; records may be necessary to respond to queries or disputes. See Schedule 1.

6. Seek legal advice for contested or unclear cases.

   • Action: If there is a risk that the repeal affects ongoing claims, entitlements, or litigation, obtain legal advice focused on the interaction between the Health Insurance Act 1973, the repealed Determination, and any other relevant subordinate instruments.
   • Why: The instrument is silent on substantive consequences and on whether rights survive the repeal. Legal advice will be necessary where practical application is uncertain. See s 3 and Schedule 1.

7. Coordinate with payers and funders.

   • Action: Notify public payer contacts or private funders if you rely on the 2024 Determination for billing or reimbursement, and request guidance on how claims will be treated if the repeal commences.
   • Why: The repeal changes the subordinate-law terrain; payers’ administrative practice may be revised accordingly. The instrument itself does not instruct payers. See Schedule 1.

8. Check consolidated legislation and legislative registers.

   • Action: Verify the repeal status in official consolidated legislation services and registers rather than relying solely on the static commencement table that “relates only to the provisions of this instrument as originally made.”
   • Why: The instrument cautions that the commencement table will not be amended to reflect later amendments. See s 2.

In sum, compliance requires assessment of whether the 2024 Determination applies to your operations, close monitoring of the triggering Regulations for commencement, operational planning for both the realised and unrealised repeal scenarios, record-keeping, and legal advice where rights or liabilities may be affected. The instrument itself creates no direct substantive compliance obligations beyond the need to respond administratively to the repeal once it occurs.