If, immediately before the commencement of the new Act, a prosthesis was:
(a) a no gap prosthesis; or
(b) a gap permitted prosthesis;
for the purposes of the National Health Act 1953 , the Minister may list the prosthesis in Private Health Insurance (Medical Devices and Human Tissue Products) Rules made for the purposes of item 4 of the table in subsection 72 - 1(2) of the new Act, without an application being made in relation to the prosthesis under subsection 72 - 10(2) of the new Act.