Prepared by the Office of Parliamentary Counsel, Canberra
Human Services (Medicare) Act 1973
No. 41, 1974
Compilation No. 45
Compilation date: 21 October 2016
Includes amendments up to: Act No. 61, 2016
Registered: 26 October 2016
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About this compilation
This compilation
This is a compilation of the Human Services (Medicare) Act 1973 that shows
the text of the law as amended and in force on 21 October 2016 (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 (www.legislation.gov.au). The details of
amendments made up to, but not commenced at, the compilation date are
underlined in the endnotes. For more information on any uncommenced
amendments, see the series page on the 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.
Editorial changes
For more information about any editorial changes made in this compilation, see
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 the 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If a provision of the compiled law has been repealed in accordance with a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.
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Human Services (Medicare) Act 1973 i
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Contents
Part I—Preliminary 1 1 Short title ...........................................................................................1
2 Commencement.................................................................................1
3 Definitions.........................................................................................1
3A Definitions of relevant offence ..........................................................3
3B Norfolk Island....................................................................................6
Part IIA—Chief Executive Medicare 7 4 Chief Executive Medicare .................................................................7
4A Acting Chief Executive Medicare......................................................7
5 Functions of Chief Executive Medicare ............................................8
6 Chief Executive Medicare’s medicare functions ...............................9
7 Chief Executive Medicare’s service delivery functions.....................9
7A Agreements about performance of Chief Executive
Medicare’s functions .......................................................................10
8AC Delegation .......................................................................................10
8AD Commonwealth consent to conferral of functions etc. on
Chief Executive Medicare by State and Territory laws ...................11
8AE How duty is imposed on Chief Executive Medicare by State
and Territory laws............................................................................11
8AF When State and Territory laws impose a duty on Chief
Executive Medicare .........................................................................13
8B Chief Executive Medicare may be assisted by Departmental
employees........................................................................................13
Part IID—Investigative powers of Chief Executive Medicare 14
Division 1—Preliminary 14
8K Crown to be bound ..........................................................................14
8L Authorisation to exercise powers under this Part.............................14
8M Authorised officers ..........................................................................14
8N Identity cards ...................................................................................14
Division 2—General power to obtain information 16
8P Chief Executive Medicare may obtain information etc. ..................16
8Q Content of notices............................................................................17
8R Offences ..........................................................................................17
8RA Use of information...........................................................................18
8S Self-incrimination............................................................................19
8T Exemption .......................................................................................19
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Division 3—Searches in relation to possible relevant offences
and relevant civil contraventions 20
8U Authorised officers may conduct searches for the purpose of
monitoring compliance ....................................................................20
8V Powers on entering premises ...........................................................21
8W Authorised officers to produce evidence of identity ........................22
Division 4—Warrants for searches and seizures 24
8X Relevant offence and relevant civil contravention related
searches and seizures .......................................................................24
8Y Search warrants ...............................................................................24
8Z Warrants may be issued by telephone or other electronic
means...............................................................................................26
8ZA Formalities relating to warrants issued by telephone or other
electronic means ..............................................................................26
Division 5—Provisions relating to execution of search warrants 28
8ZB Announcement before entry ............................................................28
8ZC Availability of assistance and use of force in executing a
warrant.............................................................................................28
8ZD Details of warrant to be given to occupier etc. ................................28
8ZE Specific powers available to officers executing warrants ................29
8ZF Use of equipment to examine or process things ..............................30
8ZG Use of electronic equipment at premises .........................................31
8ZGA Use of electronic equipment at other place......................................34
8ZGB Person with knowledge of a computer or a computer system
to assist access etc. ..........................................................................35
8ZGC Accessing data held on other premises—notification to
occupier of that premises .................................................................37
8ZH Compensation for damage to electronic equipment.........................37
8ZI Seizure of things not covered by warrants .......................................38
8ZJ Occupier entitled to observe search .................................................38
8ZK Receipts for things seized under warrant .........................................39
8ZL Copies of seized things to be provided ............................................39
8ZM Retention of things seized................................................................39
Division 6—Miscellaneous 41
8ZN Patients to be advised of search, seizure etc. of clinical
records .............................................................................................41
8ZO Offence for making false statements in warrants .............................41
8ZP Offences relating to telephone warrants ..........................................42
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8ZQ Actions under this Part taken to be in performance of certain
functions ..........................................................................................42
8ZR Powers of magistrates ......................................................................43
Part VI—Miscellaneous 44 41C Protection of names and symbols ....................................................44
41CA Authorisations for purposes of section 41C.....................................47
41D Forfeiture of articles etc...................................................................48
41E Sections 41C and 41D not to limit other laws .................................48
41F Chief Executive Medicare may charge for services.........................49
41G Medicare programs ..........................................................................49
42 Annual report...................................................................................49
43 Arrangements with States and Territories—magistrates..................50
43A Multiple secrecy provisions.............................................................51
44 Regulations......................................................................................53
Endnotes 54
Endnote 1—About the endnotes 54
Endnote 2—Abbreviation key 56
Endnote 3—Legislation history 57
Endnote 4—Amendment history 71
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Preliminary Part I
Section 1
Human Services (Medicare) Act 1973 1
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An Act relating to the provision of certain services,
and for other purposes
Part I—Preliminary
1 Short title
This Act may be cited as the Human Services (Medicare) Act 1973.
2 Commencement
This Act shall come into operation on the day on which it receives
the Royal Assent.
3 Definitions
In this Act, unless the contrary intention appears:
Australia, when used in a geographical sense, includes Norfolk
Island, the Territory of Cocos (Keeling) Islands and the Territory
of Christmas Island.
authorised officer, in relation to a provision of this Act, means the
Chief Executive Medicare or a Departmental employee who is
appointed by the Chief Executive Medicare under section 8M to be
an authorised officer for the purposes of that provision.
benefit includes:
(a) a pension, allowance, concession or payment; and
(b) a card entitling its holder to a concession or a payment of any
kind.
Chief Executive Centrelink has the same meaning as in the Human
Services (Centrelink) Act 1997.
Chief Executive Medicare means the Chief Executive Medicare
referred to in section 4.
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Section 3
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constable means a member or special member of the Australian
Federal Police or a member of the police force or police service of
a State or Territory.
data includes:
(a) information in any form; and
(b) any program (or part of a program).
data held in a computer includes:
(a) data held in any removable data storage device for the time
being held in a computer; or
(b) data held in a data storage device on a computer network of
which the computer forms a part.
data storage device means a thing containing, or designed to
contain, data for use by a computer.
dental benefit has the same meaning as in the Dental Benefits Act
2008.
Departmental employee means an APS employee in the
Department.
Note: APS employee is defined in the Acts Interpretation Act 1901.
evidential material means a thing relevant to a relevant offence or
relevant civil contravention, including such a thing in an electronic
form.
function includes power.
medicare benefit means a medicare benefit under Part II of the
Health Insurance Act 1973.
medicare functions, in relation to the Chief Executive Medicare,
has the meaning given by section 6.
medicare program has the meaning given by section 41G.
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Preliminary Part I
Section 3A
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occupier, in relation to premises comprising a vessel, vehicle or
aircraft, means the person apparently in charge of the vessel,
vehicle or aircraft.
officer assisting, in relation to a warrant under Division 4 of
Part IID, means:
(a) a person who is a Departmental employee and who is
assisting in executing the warrant; or
(b) a person who is not a Departmental employee and who has
been authorised by the relevant authorised officer to assist in
executing the warrant.
perform includes exercise.
pharmaceutical benefit means a pharmaceutical benefit as defined
in Part VII of the National Health Act 1953.
premises includes a place and a conveyance.
relevant civil contravention has the same meaning as in
subsection 124B(1) of the Health Insurance Act 1973.
relevant offence is defined in section 3A.
Secretary means the Secretary of the Department.
seize includes secure against interference.
service delivery functions, in relation to the Chief Executive
Medicare, has the meaning given by section 7.
thing includes a substance.
warrant premises means premises in relation to which a warrant
under Division 4 of Part IID is in force.
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
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Section 3A
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(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).
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Section 3A
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(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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Part I Preliminary
Section 3B
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3B Norfolk Island
This Act extends to Norfolk Island.
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Chief Executive Medicare Part IIA
Section 4
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Part IIA—Chief Executive Medicare
4 Chief Executive Medicare
(1) There is to be a Chief Executive Medicare.
(2) The Chief Executive Medicare is to be a person who is:
(a) an SES employee in the Department; and
(b) specified in a written instrument made by the Secretary.
(3) A person must not be specified in an instrument under
paragraph (2)(b) if the person is, or is acting as:
(a) the Chief Executive Centrelink; or
(b) the Child Support Registrar.
(4) An instrument under paragraph (2)(b) is not a legislative
instrument.
4A Acting Chief Executive Medicare
(1) The Secretary may appoint an SES employee in the Department to
act as the Chief Executive Medicare:
(a) during a vacancy in the position of Chief Executive Medicare
(whether or not an appointment has previously been made to
the position); or
(b) during any period, or during all periods, when the Chief
Executive Medicare:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the
position.
Note: For rules that apply to acting appointments, see sections 33AB and
33A of the Acts Interpretation Act 1901.
(2) A person must not be appointed under subsection (1) if the person
is, or is acting as:
(a) the Chief Executive Centrelink; or
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(b) the Child Support Registrar.
5 Functions of Chief Executive Medicare
Functions—general
(1) The Chief Executive Medicare has the following functions:
(a) the medicare functions mentioned in section 6;
(b) the service delivery functions mentioned in section 7;
(c) any functions conferred on the Chief Executive Medicare
under any other Act;
(e) any functions that are prescribed by the regulations;
(f) to do anything incidental to or conducive to the performance
of any of the above functions.
Parallel function
(3) A function prescribed by regulations made for the purposes of
paragraph (1)(e) may be a specified function that another person
(the primary person) has under a law of the Commonwealth.
(4) When the specified function is performed by the Chief Executive
Medicare, the function is, for the purposes of that or any other law
of the Commonwealth, taken to have been performed by the
primary person.
(5) The performance of the specified function by the Chief Executive
Medicare does not prevent the performance of the function under
the law of the Commonwealth by the primary person.
(6) For the purposes of subsection (3), it is immaterial whether the
specified function is a function that can be delegated.
(7) For the purposes of subsection (3), it is immaterial whether the
specified function is a function under a law administered by the
Minister.
(8) Subsection (3) does not limit paragraph (1)(e).
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(9) Subsections (6) and (7) are enacted for the avoidance of doubt.
Function of acting on behalf of another person
(10) A function prescribed by regulations made for the purposes of
paragraph (1)(e) may be a function of acting on behalf of another
person (the primary person) in the performance of a function that
the primary person may perform, whether under a law of the
Commonwealth or otherwise.
(11) For the purposes of subsection (10), it is immaterial whether a
function that the primary person may perform is a function that can
be delegated.
(12) For the purposes of subsection (10), it is immaterial whether a
function that the primary person may perform under a law of the
Commonwealth is a function under a law administered by the
Minister.
(13) For the purposes of subsection (10), it is immaterial whether a
function that the primary person may perform otherwise than under
a law of the Commonwealth is a function that is within the
responsibilities of the Minister.
(14) Subsection (10) does not limit paragraph (1)(e).
(15) Subsections (10) to (14) are enacted for the avoidance of doubt.
6 Chief Executive Medicare’s medicare functions
The Chief Executive Medicare’s medicare functions are the
functions conferred on the Chief Executive Medicare by or under
the Health Insurance Act 1973.
7 Chief Executive Medicare’s service delivery functions
The Chief Executive Medicare’s service delivery functions are as
follows:
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(a) to provide services, benefits, programs or facilities that are
provided for by the Commonwealth for a purpose for which
the Parliament has the power to make laws;
(b) to provide services, benefits, programs or facilities that are
provided for by a person or body other than the
Commonwealth for a purpose for which the Parliament has
the power to make laws.
7A Agreements about performance of Chief Executive Medicare’s
functions
The Secretary of the Department may enter into a written
agreement with the Secretary of another Department about the
performance of any of the Chief Executive Medicare’s functions.
8AC Delegation
(1) The Chief Executive Medicare may, by writing, delegate to a
Departmental employee all or any of the functions of the Chief
Executive Medicare under this Act or any other Act.
(1A) For the purposes of subsection (1), it is immaterial whether a
function of the Chief Executive Medicare is a function of the kind
mentioned in subsection 5(3) or (10).
(2) However, the Chief Executive Medicare must not delegate
functions conferred on him or her under another Act if the
delegation is inconsistent with the express provisions of that Act.
(3) The Chief Executive Medicare may, by writing, delegate to a
Departmental employee all or any of the functions delegated to the
Chief Executive Medicare under another Act.
(4) However, the Chief Executive Medicare must not delegate
functions delegated to him or her under another Act if the
delegation by the Chief Executive Medicare would be inconsistent
with the express provisions of that Act.
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Section 8AD
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(5) The Chief Executive Medicare must not delegate functions under
subsection (1) or (3) to a Departmental employee who is, or is
acting as:
(a) the Chief Executive Centrelink; or
(b) the Child Support Registrar.
8AD Commonwealth consent to conferral of functions etc. on Chief
Executive Medicare by State and Territory laws
(1) A law of a State or Territory may confer functions, or impose
duties, on the Chief Executive Medicare.
Note: Section 8AF sets out when such a law imposes a duty on the Chief
Executive Medicare.
(2) Subsection (1) does not authorise the conferral of a function, or the
imposition of a duty, by a law of a State or Territory to the extent
to which:
(a) the conferral or imposition, or the authorisation, would
contravene any constitutional doctrines restricting the duties
that may be imposed on the Chief Executive Medicare; or
(b) the authorisation would otherwise exceed the legislative
power of the Commonwealth.
(3) The Chief Executive Medicare cannot perform a duty or function
under a law of a State or Territory without the written approval of
the Minister.
8AE How duty is imposed on Chief Executive Medicare by State and
Territory laws
Application
(1) This section applies if a law of a State or Territory purports to
impose a duty on the Chief Executive Medicare.
Note: Section 8AF sets out when such a law imposes a duty on the Chief
Executive Medicare.
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State or Territory legislative power sufficient to support duty
(2) The duty is taken not to be imposed by this Act (or any other law
of the Commonwealth) to the extent to which:
(a) imposing the duty is within the legislative powers of the State
or Territory concerned; and
(b) imposing the duty by the law of the State or Territory is
consistent with the constitutional doctrines restricting the
duties that may be imposed on the Chief Executive Medicare.
Note: If this subsection applies, the duty will be taken to be imposed by
force of the law of the State or Territory (the Commonwealth having
consented under section 8AD to the imposition of the duty by that
law).
Commonwealth legislative power sufficient to support duty but
State or Territory legislative powers are not
(3) If, to ensure the validity of the purported imposition of the duty, it
is necessary that the duty be imposed by a law of the
Commonwealth (rather than by the law of the State or Territory),
the duty is taken to be imposed by this Act to the extent necessary
to ensure that validity.
(4) If, because of subsection (3), this Act is taken to impose the duty, it
is the intention of the Parliament to rely on all powers available to
it under the Constitution to support the imposition of the duty by
this Act.
(5) The duty is taken to be imposed by this Act in accordance with
subsection (3) only to the extent to which imposing the duty:
(a) is within the legislative powers of the Commonwealth; and
(b) is consistent with the constitutional doctrines restricting the
duties that may be imposed on the Chief Executive Medicare.
(6) Subsections (1) to (5) do not limit section 8AD.
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Section 8AF
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8AF When State and Territory laws impose a duty on Chief
Executive Medicare
For the purposes of sections 8AD and 8AE, a law of a State or
Territory imposes a duty on the Chief Executive Medicare if:
(a) the law confers a function on the Chief Executive Medicare;
and
(b) the circumstances in which the function is conferred give rise
to an obligation on the Chief Executive Medicare to perform
the function.
8B Chief Executive Medicare may be assisted by Departmental
employees
A Departmental employee may assist the Chief Executive
Medicare in the performance of any of the functions of the Chief
Executive Medicare.
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Division 1 Preliminary
Section 8K
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Part IID—Investigative powers of Chief Executive
Medicare
Division 1—Preliminary
8K Crown to be bound
(1) This Part binds the Crown in all its capacities.
(2) Nothing in this Part renders the Crown in any of its capacities
liable to be prosecuted.
8L Authorisation to exercise powers under this Part
(1) The Chief Executive Medicare may, by instrument in writing,
authorise the powers under this Part to be exercised in connection
with an investigation that the Chief Executive Medicare is
conducting in the performance of his or her functions.
(2) Powers under this Part must not be exercised unless they are
exercised in connection with an investigation for which such an
authorisation is in force.
8M Authorised officers
The Chief Executive Medicare may, by signed instrument, appoint
a Departmental employee to be an authorised officer for the
purposes of exercising:
(a) the powers of an authorised officer under this Act; or
(b) such of those powers as are specified in the instrument.
8N Identity cards
(1) The Chief Executive Medicare may cause to be issued to each
authorised officer an identity card.
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Section 8N
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(2) An identity card must:
(a) be in a form approved in writing by the Chief Executive
Medicare; and
(b) incorporate a recent photograph of the authorised officer.
(3) A person who ceases to be an authorised officer must, as soon as
practicable after so ceasing, return his or her identity card to the
Chief Executive Medicare.
(4) A person must not fail to return his or her identity card as required
by subsection (3).
Penalty: 1 penalty unit.
Note: Under subsection 4D(1) of the Crimes Act 1914, this penalty is only a
maximum penalty for the offence.
(5) Subsection (4) does not apply if the person has a reasonable
excuse.
(6) An offence under subsection (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
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Division 2 General power to obtain information
Section 8P
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Division 2—General power to obtain information
8P Chief Executive Medicare may obtain information etc.
(1) An authorised officer may require a person to give information or
produce a document that is in the person’s custody, or under the
person’s control, to the Chief Executive Medicare if the authorised
officer has reasonable grounds for believing that:
(a) a relevant offence or relevant civil contravention has been or
is being committed; and
(b) the information or document is relevant to the offence or
contravention.
(2) The requirement must be by notice in writing given to the person.
Note: Sections 28A and 29 of the Acts Interpretation Act 1901 provide how
a notice may be given. In particular, the notice may be given to an
individual by:
delivering it personally; or
leaving it at the person’s last known address; or
sending it by pre-paid post to the person’s last known address.
(3) Subject to subsection (4), the power under this section to require
information to be given or documents to be produced does not
include:
(a) the power to require information to be given about the
contents of a part of a record that is a part containing clinical
details relating to a patient; or
(b) the power to require production of a part of a record that
contains such clinical details.
(4) Subsection (3) does not apply if:
(a) the person being required to give information or produce
documents is the patient to whom the clinical details relate;
and
(b) the information or documents relate to:
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General power to obtain information Division 2
Section 8Q
Human Services (Medicare) Act 1973 17
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(i) a service the person has received in respect of which
medicare benefit or dental benefit has been claimed; or
(ii) a pharmaceutical benefit supplied to, or in respect of,
the person.
8Q Content of notices
(1) The notice must specify:
(a) how the person is to give the information or how the
document is to be produced; and
(b) the period within which the person is to give the information,
or to produce the document, to the Chief Executive
Medicare; and
(c) the Departmental employee (if any) to whom the information
is to be given or the document is to be produced; and
(d) that the notice is given under section 8P.
(2) The period specified under paragraph (1)(b) must end at least 14
days after the notice is given.
(3) The notice may require the person to give the information by
appearing before a specified Departmental employee to answer
questions.
(4) If the notice requires the person to appear before a Departmental
employee, the notice must specify a time and a place for the person
to appear. The time must be at least 14 days after the notice is
given.
8R Offences
(1) A person must not refuse or fail to comply with a notice under
section 8P.
Penalty: Imprisonment for 6 months.
(1A) However, the person is only required to comply with the notice to
the extent that the person is capable of doing so.
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Division 2 General power to obtain information
Section 8RA
18 Human Services (Medicare) Act 1973
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Note: The defendant bears an evidential burden in relation to the matter in
subsection (1A). See subsection 13.3(3) of the Criminal Code.
(1B) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation to the matter in
subsection (1B). See subsection 13.3(3) of the Criminal Code.
(2) An offence under subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) Without limiting what may be taken to be a reasonable excuse for
the purposes of subsection (1B), it is, for the purposes of that
subsection, a reasonable excuse for refusing or failing to comply
with the notice if compliance would have the effect of disclosing
the contents of a part of a record that is a part containing clinical
details relating to a patient.
8RA Use of information
Scope
(1) This section applies to information that is:
(a) given in accordance with a notice under section 8P; or
(b) contained in a document produced in accordance with a
notice under section 8P.
Use of information
(2) The information may be used or disclosed for purposes in
connection with:
(a) the exercise of a power under section 124F of the Health
Insurance Act 1973; or
(b) the exercise of a power under section 124FF of the Health
Insurance Act 1973; or
(c) the exercise of a power under section 133 of the National
Health Act 1953.
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Section 8S
Human Services (Medicare) Act 1973 19
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(3) Subsection (2) does not, by implication, limit the purposes for
which the information may otherwise be used or disclosed.
8S Self-incrimination
(1) A person is not excused from giving information or producing a
document pursuant to a notice under section 8P on the ground that
the information, or production of the document, may tend to
incriminate the person.
(2) In any criminal proceeding:
(a) evidence of any information given or document produced
pursuant to a notice under section 8P; and
(b) evidence of any information, document or thing obtained as a
direct or indirect result of the person having given the
information or produced the document;
cannot be used against the person. However, this subsection does
not apply to a proceeding for an offence against section 8R or an
offence against section 137.1 or 137.2 of the Criminal Code that
relates to a notice under section 8P of this Act.
8T Exemption
This Division does not require a person to give information or
produce a document to the extent that, in doing so, the person
would contravene a law of the Commonwealth (other than a law of
a Territory).
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Part IID Investigative powers of Chief Executive Medicare
Division 3 Searches in relation to possible relevant offences and relevant civil
contraventions
Section 8U
20 Human Services (Medicare) Act 1973
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Division 3—Searches in relation to possible relevant
offences and relevant civil contraventions
8U Authorised officers may conduct searches for the purpose of
monitoring compliance
(1) Subject to this Division, if an authorised officer has reasonable
grounds for believing that a relevant offence or relevant civil
contravention is being committed, or has been committed within
the previous 60 days, he or she may:
(a) with the consent of the occupier, enter, at any reasonable
time of the day or night, any premises that the authorised
officer has reasonable grounds to believe are premises to
which this section applies; and
(b) exercise his or her powers under section 8V;
to the extent that it is reasonably necessary for the purpose of
ascertaining whether the relevant offence or relevant civil
contravention has been or is being committed.
(2) If the occupier does not consent to entry under subsection (1), an
authorised officer must not enter the premises without a search
warrant.
(3) The authorised officer must not under subsection (1) enter
premises that are a residence unless the occupier of the premises
has consented to the entry.
(4) In deciding the extent to which it is reasonably necessary to enter
premises under subsection (1), an authorised officer must consider
whether it is practicable to ascertain whether the relevant offence
or relevant civil contravention in question has been or is being
committed by:
(a) the authorised officer entering the premises with the
occupier’s consent; or
(b) the occupier giving information without the authorised
officer entering the premises.
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Division 3
Section 8V
Human Services (Medicare) Act 1973 21
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(5) This section applies to premises at which activities have been or
are being carried out that are associated with:
(a) rendering services in respect of which medicare benefits or
dental benefits have been paid or may be payable; or
(b) the prescription for the supply of, or the supply of,
pharmaceutical benefits.
(6) In exercising any power under this section an authorised officer
must, as soon as practicable, give the occupier of the premises a
copy of the relevant instrument made by the Chief Executive
Medicare under subsection 8L(1).
8V Powers on entering premises
(1) Subject to subsection (4), having entered the premises, the
authorised officer may, for the purpose of ascertaining whether the
relevant offence or relevant civil contravention is being committed,
or has been committed within the previous 60 days, exercise any
one or more of the following powers:
(a) to search the premises;
(b) to take photographs (including video recordings) or make
sketches of the premises or any thing on the premises (other
than a document);
(c) to inspect, examine and take samples of any thing on or in
the premises that is a drug, medicine or substance that may
be supplied as, or may be an ingredient of, a pharmaceutical
benefit;
(d) to take extracts from any document, book, or record on the
premises;
(e) to take on to the premises any equipment or material
reasonably necessary for the purposes of exercising a power
under paragraph (a), (b), (c) or (d);
(f) in relation to certain documents or records on the premises,
to exercise any one or more of the powers under
subsections (2) and (3).
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Section 8W
22 Human Services (Medicare) Act 1973
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(2) The authorised officer has power, under paragraph (1)(f), to
operate equipment at the premises to see whether:
(a) the equipment; or
(b) a disk, tape or other storage device that:
(i) is at the premises; and
(ii) can be used with or is associated with the equipment;
contains information that is relevant to determining whether the
relevant offence or relevant civil contravention has been or is being
committed.
(3) If the authorised officer, after operating equipment at the premises,
finds that the equipment, or that a disk, tape or other storage device
at the premises, contains information of that kind, he or she has
power, under paragraph (1)(f):
(a) to operate the facilities to put the information in documentary
form and copy the documents so produced; or
(b) if the information can be transferred to a disk, tape or other
storage device that:
(i) is brought to the premises; or
(ii) is at the premises and the use of which for the purpose
has been agreed to in writing by the occupier of the
premises;
to operate the equipment or other facilities to copy the
information to the storage device and remove the storage
device from the premises.
(4) The powers under this section do not authorise any act in relation
to a part of a record that is a part containing clinical details relating
to a patient.
8W Authorised officers to produce evidence of identity
(1) The authorised officer is not entitled to exercise any powers under
this Division in relation to particular premises unless the authorised
officer produces his or her identity card for inspection by the
occupier of the premises.
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Section 8W
Human Services (Medicare) Act 1973 23
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(2) This section does not apply if the occupier is not present at the
premises at any time during which the powers are exercised.
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Division 4 Warrants for searches and seizures
Section 8X
24 Human Services (Medicare) Act 1973
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Division 4—Warrants for searches and seizures
8X Relevant offence and relevant civil contravention related
searches and seizures
(1) Subject to this Division, if an authorised officer has reasonable
grounds for suspecting that there may be on or in any premises
evidential material, the authorised officer and an officer assisting
may:
(a) enter the premises; and
(b) search the premises for the evidential material; and
(c) if the authorised officer or officer assisting finds the
evidential material on or in the premises—seize it.
(2) The authorised officer or officer assisting must not enter the
premises unless:
(a) the occupier of the premises has consented to the entry; or
(b) the entry is made under a warrant issued under section 8Y.
8Y Search warrants
(1) If:
(a) an information on oath is laid before a magistrate alleging
that an authorised officer suspects on reasonable grounds that
there may be on or in any premises particular evidential
material; and
(b) the information sets out those grounds;
the magistrate may issue a search warrant in respect of the
premises.
(2) The magistrate must not issue the warrant unless he or she has
been:
(a) advised what other warrants (if any) have been sought under
this Part in respect of those premises in the preceding 5
years; and
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Section 8Y
Human Services (Medicare) Act 1973 25
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(b) given a copy of the relevant instrument made by the Chief
Executive Medicare under subsection 8L(1).
(3) The warrant must authorise an authorised officer named in the
warrant with such assistance, and by such force, as is necessary
and reasonable:
(a) to enter the premises; and
(b) to search the premises for the evidential material; and
(c) if the authorised officer finds the evidential material on or in
the premises—to seize it.
(4) The magistrate is not to issue the warrant unless:
(a) the informant or some other person has given to the
magistrate, either orally or by affidavit, such further
information (if any) as the magistrate requires concerning the
grounds on which the issue of the warrant is being sought;
and
(b) the magistrate is satisfied that there are reasonable grounds
for issuing the warrant; and
(c) the magistrate is satisfied that execution of the warrant will
not cause an unreasonable invasion of any patient’s privacy.
(5) There must be stated in the warrant:
(a) the purpose for which the warrant is issued, and the nature of
the relevant offence or relevant civil contravention in relation
to which the entry and search are authorised; and
(b) whether entry is authorised to be made at any time of the day
or night or during specified hours of the day or night; and
(c) a description of the kind of evidential material to be seized;
and
(d) a day, not later than 7 days after the day of issue of the
warrant, upon which the warrant ceases to have effect; and
(e) whether or not the warrant authorises the exercise of powers
in relation to records containing clinical details relating to
patients.
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Division 4 Warrants for searches and seizures
Section 8Z
26 Human Services (Medicare) Act 1973
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8Z Warrants may be issued by telephone or other electronic means
(1) If, because of circumstances of urgency, an authorised officer
thinks it necessary to do so, the authorised officer may apply to a
magistrate for a warrant under subsection 8Y(1) by telephone,
telex, fax or other electronic means under this section.
(2) Before applying, the authorised officer must prepare an
information of a kind referred to in subsection 8Y(1) that sets out
the grounds on which the issue of the warrant is being sought, but
may, if it is necessary to do so, make the application before the
information has been sworn.
(3) If an application is made to a magistrate under this section and the
magistrate, after considering the information and having received
and considered such further information (if any) as the magistrate
required, is satisfied that:
(a) a warrant in the terms of the application should be issued
urgently; or
(b) the delay that would occur if an application were made in
person would frustrate the effective execution of the warrant;
the magistrate may complete and sign the same form of warrant
that would be issued under section 8Y.
8ZA Formalities relating to warrants issued by telephone or other
electronic means
(1) If the magistrate signs a warrant under section 8Z, the magistrate
must:
(a) inform the authorised officer of the terms of the warrant; and
(b) inform the authorised officer of the day on which and the
time at which the warrant was signed; and
(c) inform the authorised officer of the day not more than 48
hours after the magistrate completes and signs the warrant on
which the warrant ceases to have effect; and
(d) record on the warrant the reasons for issuing the warrant.
(2) The authorised officer must:
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Section 8ZA
Human Services (Medicare) Act 1973 27
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(a) complete a form of warrant in the same terms as the warrant
completed and signed by the magistrate; and
(b) write on it the magistrate’s name and the day on which and
the time at which the warrant was signed.
(3) The authorised officer must, not later than the day after the date of
expiry or execution of the warrant, whichever is the earlier, send to
the magistrate:
(a) the form of warrant completed by the authorised officer; and
(b) the information duly sworn in connection with the warrant.
(4) On receiving the documents referred to in subsection (3), the
magistrate must:
(a) attach to them the warrant signed by the magistrate; and
(b) deal with the documents in the way in which the magistrate
would have dealt with the information if the application for
the warrant had been made under section 8Y.
(5) A form of warrant duly completed by an authorised officer under
subsection (2), if it is in accordance with the terms of the warrant
signed by the magistrate, is authority for any entry, search, seizure
or other exercise of a power that the warrant so signed authorises.
(6) If:
(a) it is material in any proceedings for a court to be satisfied
that an entry, search, seizure or other exercise of power was
authorised in accordance with this section; and
(b) the warrant signed by a magistrate under this section
authorising the entry, search, seizure or other exercise of
power is not produced in evidence;
the court is to assume, unless the contrary is proved, that the entry,
search, seizure or other exercise of power was not authorised by
such a warrant.
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Division 5 Provisions relating to execution of search warrants
Section 8ZB
28 Human Services (Medicare) Act 1973
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Division 5—Provisions relating to execution of search
warrants
8ZB Announcement before entry
(1) The authorised officer or an officer assisting must, before any
person enters warrant premises under a warrant:
(a) announce that he or she is authorised by the warrant to enter
the premises; and
(b) give any person at the premises an opportunity to allow entry
to the premises.
(2) The authorised officer or an officer assisting is not required to
comply with subsection (1) if he or she believes on reasonable
grounds that immediate entry to the premises is required to ensure:
(a) the safety of a person (including the authorised officer or the
officer assisting); or
(b) that the effective execution of the warrant is not frustrated.
8ZC Availability of assistance and use of force in executing a
warrant
In executing a warrant:
(a) the authorised officer may obtain such assistance; and
(b) an officer assisting who is a constable may use such force
against persons and things; and
(c) the authorised officer and an officer assisting who is not a
constable may use such force against things;
as is necessary and reasonable in the circumstances.
8ZD Details of warrant to be given to occupier etc.
(1) If a warrant is being executed and the occupier of the warrant
premises, or another person who apparently represents the
occupier, is present at the premises, the authorised officer or an
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Section 8ZE
Human Services (Medicare) Act 1973 29
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officer assisting must make available to that person a copy of the
warrant.
(2) The authorised officer must identify himself or herself to the
person at the premises.
(3) The copy of the warrant referred to in subsection (1) need not
include the signature of the magistrate who issued it or the seal of
the relevant court.
8ZE Specific powers available to officers executing warrants
(1) In executing a warrant, the authorised officer or an officer assisting
may:
(a) for a purpose incidental to execution of the warrant; or
(b) if the occupier of the warrant premises consents in writing;
take photographs (including video recordings) of the premises or of
things at the premises.
(2) If a warrant is being executed, the authorised officer and the
officers assisting may, if the warrant is still in force, complete the
execution of the warrant after all of them temporarily cease its
execution and leave the warrant premises:
(a) for not more than one hour; or
(b) for a longer period if the occupier of the premises consents in
writing.
(3) If:
(a) the execution of a warrant is stopped by an order of a court;
and
(b) the order is later revoked or reversed on appeal; and
(c) the warrant is still in force;
the execution of the warrant may be completed.
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Section 8ZF
30 Human Services (Medicare) Act 1973
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8ZF Use of equipment to examine or process things
(1) The authorised officer or an officer assisting may bring to the
warrant premises any equipment reasonably necessary for the
examination or processing of a thing found at the premises in order
to determine whether it is a thing that may be seized under the
warrant.
(2) A thing found at the premises may be moved to another place for
examination or processing in order to determine whether it may be
seized under a warrant if:
(a) both of the following apply:
(i) it is significantly more practicable to do so having
regard to the timeliness and cost of examining or
processing the thing at another place and the availability
of expert assistance;
(ii) the authorised officer or officer assisting suspects on
reasonable grounds that the thing contains or constitutes
evidential material; or
(b) the occupier of the premises consents in writing.
(3) If a thing is moved to another place for the purpose of examination
or processing under subsection (2), the authorised officer must, if it
is practicable to do so:
(a) inform the occupier of the address of the place and the time
at which the examination or processing will be carried out;
and
(b) allow the occupier or his or her representative to be present
during the examination or processing.
(4) The authorised officer need not comply with paragraph (3)(a) or
(b) if he or she believes on reasonable grounds that to do so might:
(a) endanger the safety of a person; or
(b) prejudice an investigation or prosecution.
(5) The thing may be moved to another place for examination or
processing for no longer than 14 days.
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Section 8ZG
Human Services (Medicare) Act 1973 31
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(6) An authorised officer may apply to a magistrate for one or more
extensions of that time if the authorised officer believes on
reasonable grounds that the thing cannot be examined or processed
within 14 days or that time as previously extended.
(7) The authorised officer must give notice of the application to the
occupier of the premises, and the occupier is entitled to be heard in
relation to the application.
(8) A single extension cannot exceed 7 days.
(9) The authorised officer or an officer assisting may operate
equipment already at the warrant premises to carry out the
examination or processing of a thing found at the premises in order
to determine whether it is a thing that may be seized under the
warrant if the authorised officer or officer assisting believes on
reasonable grounds that:
(a) the equipment is suitable for the examination or processing;
and
(b) the examination or processing can be carried out without
damage to the equipment or the thing.
8ZG Use of electronic equipment at premises
(1) The authorised officer or an officer assisting may operate
electronic equipment at the warrant premises to access data
(including data not held at the premises) if he or she suspects on
reasonable grounds that the data constitutes evidential material.
Note: An authorised officer can obtain an order requiring a person with
knowledge of a computer or computer system to provide assistance:
see section 8ZGB.
(2) If the authorised officer or officer assisting suspects on reasonable
grounds that any data accessed by operating the electronic
equipment constitutes evidential material, he or she may:
(a) copy any or all of the data accessed by operating the
electronic equipment to a disk, tape or other associated
device brought to the premises; or
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Section 8ZG
32 Human Services (Medicare) Act 1973
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(b) if the occupier of the premises agrees in writing—copy any
or all of the data accessed by operating the electronic
equipment to a disk, tape or other associated device at the
premises;
and take the device from the premises.
(3) If:
(a) the authorised officer or officer assisting takes the device
from the premises; and
(b) the Chief Executive Medicare is satisfied that:
(i) the reason for the copying of the data no longer exists;
or
(ii) a decision has been made not to use the data in
evidence;
the Chief Executive Medicare must arrange for:
(c) the removal of the data from any device in the control of a
Departmental employee; and
(d) the destruction of any other reproduction of the data in the
control of a Departmental employee.
(4) If the authorised officer or an officer assisting, after operating the
equipment, finds that evidential material is accessible by doing so,
he or she may:
(a) seize the equipment and any disk, tape or other associated
device; or
(b) if the material can, by using facilities at the premises, be put
in documentary form—operate the facilities to put the
material in that form and seize the documents so produced.
(5) An authorised officer or an officer assisting may seize equipment
under paragraph (4)(a) only if:
(a) it is not practicable to copy the data as mentioned in
subsection (2) or to put the material in documentary form as
mentioned in paragraph (4)(b); or
(b) possession by the occupier of the equipment could constitute
an offence.
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Section 8ZGA
Human Services (Medicare) Act 1973 33
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(6) If the authorised officer or an officer assisting suspects on
reasonable grounds that:
(a) evidential material may be accessible by operating electronic
equipment at the premises; and
(b) expert assistance is required to operate the equipment; and
(c) if he or she does not take action under this subsection, the
material may be destroyed, altered or otherwise interfered
with;
he or she may do whatever is necessary to secure the equipment,
whether by locking it up, placing a guard or otherwise.
(7) The authorised officer or an officer assisting must give notice to
the occupier of the premises of his or her intention to secure
equipment and of the fact that the equipment may be secured for up
to 24 hours.
(8) The equipment may be secured:
(a) for a period not exceeding 24 hours; or
(b) until the equipment has been operated by the expert;
whichever happens first.
(9) If the authorised officer or an officer assisting believes on
reasonable grounds that the expert assistance will not be available
within 24 hours, he or she may apply to a magistrate for an
extension of that period.
(10) The authorised officer or an officer assisting must give notice to
the occupier of the premises of his or her intention to apply for an
extension, and the occupier is entitled to be heard in relation to the
application.
(11) The provisions of Division 4 relating to the issue of warrants apply,
with such modifications as are necessary, to the issuing of an
extension.
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Section 8ZGA
34 Human Services (Medicare) Act 1973
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8ZGA Use of electronic equipment at other place
(1) If electronic equipment found at the warrant premises is moved to
another place under subsection 8ZF(2), the authorised officer or an
officer assisting may operate the equipment to access data
(including data held at another place).
(2) If the authorised officer or officer assisting suspects on reasonable
grounds that any data accessed by operating the electronic
equipment constitutes evidential material, he or she may copy any
or all of the data accessed by operating the electronic equipment to
a disk, tape or other associated device.
(3) If the Chief Executive Medicare is satisfied that:
(a) the reason for the copying of the data no longer exists; or
(b) a decision has been made not to use the data in evidence;
the Chief Executive Medicare must arrange for:
(c) the removal of the data from any device in the control of a
Departmental employee; and
(d) the destruction of any other reproduction of the data in the
control of a Departmental employee.
(4) If the authorised officer or an officer assisting, after operating the
equipment, finds that evidential material is accessible by doing so,
he or she may:
(a) seize the equipment and any disk, tape or other associated
device; or
(b) if the material can be put in documentary form—put the
material in that form and seize the documents so produced.
(5) An authorised officer or officer assisting may seize equipment
under paragraph (4)(a) only if:
(a) it is not practicable to copy the data as mentioned in
subsection (2) or to put the material in documentary form as
mentioned in paragraph (4)(b); or
(b) possession by the occupier of the equipment could constitute
an offence.
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Section 8ZGB
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8ZGB Person with knowledge of a computer or a computer system
to assist access etc.
(1) An authorised officer may apply to a magistrate for an order
requiring a specified person to provide any information or
assistance that is reasonable and necessary to allow an authorised
officer or officer assisting to do one or more of the following:
(a) access data held in, or accessible from, a computer or data
storage device that:
(i) is on warrant premises; or
(ii) has been removed from warrant premises under
subsection 8ZF(2) and is at another place for
examination or processing; or
(iii) has been seized under this Division and is no longer on
the warrant premises;
(b) copy data held in, or accessible from, a computer, or data
storage device, described in paragraph (a) to another data
storage device;
(c) convert into documentary form or another form intelligible to
an authorised officer or officer assisting:
(i) data held in, or accessible from, a computer, or data
storage device, described in paragraph (a); or
(ii) data held in a data storage device to which the data was
copied as described in paragraph (b); or
(iii) data held in a data storage device removed from warrant
premises under subsection 8ZG(2).
(2) The magistrate may grant the order if the magistrate is satisfied
that:
(a) there are reasonable grounds for suspecting that evidential
material is held in, or is accessible from, the computer or data
storage device; and
(b) the specified person is:
(i) reasonably suspected of having committed the relevant
offence or relevant civil contravention stated in the
relevant warrant; or
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(ii) the owner or lessee of the computer or device; or
(iii) an employee of the owner or lessee of the computer or
device; or
(iv) a person engaged under a contract for services by the
owner or lessee of the computer or device; or
(v) a person who uses or has used the computer or device;
or
(vi) a person who is or was a system administrator for the
system including the computer or device; and
(c) the specified person has relevant knowledge of:
(i) the computer or device or a computer network of which
the computer or device forms or formed a part; or
(ii) measures applied to protect data held in, or accessible
from, the computer or device.
(3) If:
(a) the computer or data storage device that is the subject of the
order is seized under this Division; and
(b) the order was granted on the basis of an application made
before the seizure;
the order does not have effect on or after the seizure.
Note: An application for another order under this section relating to the
computer or data storage device may be made after the seizure. If the
other order is made after the computer or device has been removed
from the warrant premises, that other order can specify conditions
relating to the provision of information or assistance.
(4) If the computer or data storage device is not on warrant premises,
the order must:
(a) specify the period within which the person must provide the
information or assistance; and
(b) specify the place at which the person must provide the
information or assistance; and
(c) specify the conditions (if any) determined by the magistrate
as the conditions to which the requirement on the person to
provide the information or assistance is subject.
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(5) A person commits an offence if the person fails to comply with the
order.
Penalty for contravention of this subsection:Imprisonment for 2
years.
8ZGC Accessing data held on other premises—notification to
occupier of that premises
(1) If:
(a) data that is held on premises other than the warrant premises
is accessed under subsection 8ZG(1) or 8ZGA(1); and
(b) it is practicable to notify the occupier of the other premises
that the data has been accessed under a warrant;
the authorised officer must:
(c) do so as soon as practicable; and
(d) if the authorised officer has arranged, or intends to arrange,
for continued access to the data under subsection 8ZG(2) or
(4) or 8ZGA(2) or (4)—include that information in the
notification.
(2) A notification under subsection (1) must include sufficient
information to allow the occupier of the other premises to contact
the authorised officer.
8ZH Compensation for damage to electronic equipment
(1) If:
(a) damage is caused to equipment as a result of it being
operated as mentioned in section 8ZF, 8ZG or 8ZGA; and
(b) the damage was caused as a result of:
(i) insufficient care being exercised in selecting the person
who was to operate the equipment; or
(ii) insufficient care being exercised by the person operating
the equipment;
compensation for the damage is payable to the owner of the
equipment.
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(2) Compensation is payable out of money appropriated by the
Parliament for the purpose.
(3) In determining the amount of compensation payable, regard is to
be had to whether the occupier of the warrant premises and his or
her employees and agents, if they were available at the time, had
provided any warning or guidance as to the operation of the
equipment that was appropriate in the circumstances.
8ZI Seizure of things not covered by warrants
If:
(a) in the course of searching, in accordance with a warrant, for
particular evidential material, an authorised officer or an
officer assisting finds evidential material that the authorised
officer or officer assisting believes on reasonable grounds to
be:
(i) evidential material in relation to the relevant offence or
relevant civil contravention to which the warrant relates,
although not the evidential material specified in the
warrant; or
(ii) evidential material in relation to another relevant
offence or relevant civil contravention; and
(b) the authorised officer or officer assisting believes, on
reasonable grounds, that it is necessary to seize that
evidential material in order to prevent its concealment, loss
or destruction, or its use in committing, continuing or
repeating the relevant offence or relevant civil contravention
or the other relevant offence or relevant civil contravention;
the warrant is taken to authorise the authorised officer or officer
assisting to seize that evidential material.
8ZJ Occupier entitled to observe search
(1) If a warrant in relation to premises is being executed and the
occupier of the premises or another person who apparently
represents the occupier is present at the premises, the person is
entitled to observe the search being conducted.
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(2) The right to observe the search being conducted ceases if the
person impedes the search.
(3) This section does not prevent 2 or more areas of the premises being
searched at the same time.
8ZK Receipts for things seized under warrant
(1) If a thing is seized under a warrant or moved under
subsection 8ZF(2), the authorised officer or an officer assisting
must provide a receipt for the thing.
(2) If 2 or more things are seized or moved, they may be covered in
the one receipt.
8ZL Copies of seized things to be provided
(1) Subject to subsection (2), if an authorised officer or an officer
assisting seizes, under Division 4 or this Division:
(a) a document, film, computer file or other thing that can be
readily copied; or
(b) a storage device the information in which can be readily
copied;
the authorised officer or officer assisting must, if requested to do so
by the occupier of the warrant premises or another person who
apparently represents the occupier and who is present when the
warrant is executed, give a copy of the thing or the information to
that person as soon as practicable after the seizure.
(2) Subsection (1) does not apply if the thing that has been seized was
seized under paragraph 8ZG(4)(b) or 8ZGA(4)(b).
8ZM Retention of things seized
(1) Subject to any contrary order of a court, if an authorised officer or
an officer assisting seizes evidential material under Division 4 or
this Division, the authorised officer, officer assisting or the Chief
Executive Medicare must return it if:
(a) the reason for its seizure no longer exists; or
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(b) a decision is made not to use it in evidence.
(1A) Subsection (1) does not apply if the evidential material is forfeited
or forfeitable to the Commonwealth or is the subject of a dispute as
to ownership.
(2) The Chief Executive Medicare may, by written instrument,
authorise evidential material seized under this Division to be
released to the owner, or to the person from whom it was seized,
either unconditionally or on such conditions as the Chief Executive
Medicare thinks fit.
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Division 6—Miscellaneous
8ZN Patients to be advised of search, seizure etc. of clinical records
(1) If, in the exercise of a power under this Part:
(a) an authorised officer; or
(b) an officer assisting;
examines a record containing clinical details relating to an
individual patient, the Chief Executive Medicare must advise the
patient in writing of the examination of the record.
(2) Subsection (1) does not apply if:
(a) so advising the patient would prejudice the investigation in
connection with which the powers were exercised; or
(b) the Chief Executive Medicare is unable, after making
reasonable inquiries, to locate the patient; or
(c) the examination of the record did not result in:
(i) the authorised officer; or
(ii) the officer assisting;
obtaining any knowledge of any of the clinical details
relating to the patient.
8ZO Offence for making false statements in warrants
A person must not make, in an application for a warrant, a
statement that the person knows to be false or misleading in a
material particular.
Penalty: Imprisonment for 2 years.
Note: Under subsection 4D(1) of the Crimes Act 1914, this penalty is only a
maximum penalty for the offence. Subsection 4B(2) of that Act allows
a court to impose an appropriate fine instead of, or in addition to, a
term of imprisonment.
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8ZP Offences relating to telephone warrants
A person must not:
(a) state in a document that purports to be a form of warrant
under section 8Z the name of a magistrate unless that
magistrate issued the warrant; or
(b) state on a form of warrant under that section a matter that, to
the person’s knowledge, departs in a material particular from
the form authorised by the magistrate; or
(c) purport to execute, or present to a person, a document that
purports to be a form of warrant under that section that the
person knows:
(i) has not been approved by a magistrate under that
section; or
(ii) to depart in a material particular from the terms
authorised by a magistrate under that section; or
(d) send to a magistrate a form of warrant under that section that
is not the form of warrant that the person purported to
execute.
Penalty: Imprisonment for 2 years.
Note: Under subsection 4D(1) of the Crimes Act 1914, this penalty is only a
maximum penalty for the offence. Subsection 4B(2) of that Act allows
a court to impose an appropriate fine instead of, or in addition to, a
term of imprisonment.
8ZQ Actions under this Part taken to be in performance of certain
functions
(1) For the purposes of this Act, anything done under this Part for a
purpose related to the Health Insurance Act 1973, including
investigation of whether benefits are payable under that Act and
investigation of compliance with that Act, is taken to have been
done in the performance of the Chief Executive Medicare’s
medicare functions.
(2) For the purposes of this Act and the regulations, anything done
under this Part for a purpose related to Part VII of the National
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Health Act 1953, including investigation of whether benefits are
payable under that Part and investigation of compliance with that
Part, is taken to have been done in the performance of the Chief
Executive Medicare’s functions relating to the provision of
pharmaceutical benefits.
8ZR Powers of magistrates
Powers conferred personally
(1) A power conferred on a magistrate by this Part is conferred on the
magistrate:
(a) in a personal capacity; and
(b) not as a court or a member of a court.
Powers need not be accepted
(2) The magistrate need not accept the power conferred.
Protection and immunity
(3) A magistrate exercising a power conferred by this Part has the
same protection and immunity as if he or she were exercising the
power:
(a) as the court of which the magistrate is a member; or
(b) as a member of the court of which the magistrate is a
member.
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Part VI—Miscellaneous
41C Protection of names and symbols
(1) A person who:
(a) uses the name “medicare” or “Medicare Australia”, or a
prescribed symbol, in connection with a business, trade,
profession or occupation;
(b) sells, offers for sale, exposes for sale or lets for hire, or
otherwise has in his or her possession for sale or hire, goods
to which the name “medicare” or “Medicare Australia” or a
prescribed symbol has been applied;
(c) uses the name “medicare” or “Medicare Australia” or a
prescribed symbol in relation to goods or to the promotion,
by any means, of the supply or use of goods; or
(d) imports into Australia for sale, or for use for the purposes of
any business, trade, profession or occupation, any article to
which the name “medicare” or “Medicare Australia” or a
prescribed symbol has been applied outside Australia;
commits an offence against this section.
Note: See section 41CA for exceptions.
(2) Where the name “medicare” or “Medicare Australia” or a
prescribed symbol:
(a) is used as, or as part of, the name or emblem of an
association;
(b) is used as, or as part of, the name or emblem of a newspaper
or magazine owned by, or published by or on behalf of, an
association; or
(c) is used by an association in connection with any activity of
the association with the result of implying that the
association is in any way connected with the Commonwealth,
the Chief Executive Medicare or the Department;
then:
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(d) if the association is a body corporate—the association; or
(e) if the association is not a body corporate—every member of
the committee of management or other governing body of the
association;
commits an offence against this section.
Note: See section 41CA for exceptions.
(3) A person who commits an offence against this section is
punishable, upon conviction:
(a) in the case of a person not being a body corporate—by a fine
not exceeding 20 penalty units; or
(b) in the case of a person being a body corporate—by a fine not
exceeding 40 penalty units.
(4) The conviction of a person of an offence against this section in
respect of the use of a name or prescribed symbol does not prevent
a further conviction of that person in respect of the use of that
name or prescribed symbol at any time after the first-mentioned
conviction.
(5) For the purposes of this section:
(a) a reference to the name “medicare” or “Medicare Australia”
is to be read as including a reference to a name or expression
that so nearly resembles the name as to be capable of being
mistaken for the name; and
(b) a reference to an official “medicare” or “Medicare Australia”
symbol is to be read as a reference to a symbol declared by
the regulations to be an official “medicare” or “Medicare
Australia” symbol; and
(c) a reference to a prescribed symbol is to be read as a reference
to an emblem, brand, design, symbol, logo or mark that:
(i) is identical with an official “medicare” or “Medicare
Australia” symbol; or
(ii) so nearly resembles an official “medicare” or “Medicare
Australia” symbol as to be capable of being mistaken
for an official “medicare” or “Medicare Australia”
symbol; and
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(d) a name or a prescribed symbol shall be deemed to be applied
to goods if it:
(i) is woven in, impressed on, worked into or affixed to the
goods; or
(ii) is applied to a covering, label, reel or thing in or with
which the goods are supplied; and
(e) a name or a prescribed symbol shall be deemed to be used in
relation to goods, or to the promotion of the supply or use of
goods, if it is used in a sign, advertisement (whether printed,
broadcast or televised), invoice, catalogue, price list or other
document in relation to goods; and
(f) the reference in paragraph (d) to a covering includes a
reference to a stopper, glass, bottle, vessel, box, capsule,
case, frame or wrapper and the reference in that paragraph to
a label includes a reference to a band or ticket.
(7) Subject to subsection (9), nothing in this section affects any rights
conferred by law on a person in respect of:
(a) a trade mark registered under the Trade Marks Act 1955,
being a trade mark that was so registered before the date of
commencement of this section; or
(b) a design registered under the Designs Act 2003, being a
design that was registered under the Designs Act 1906 before
the commencement of this section.
(8) Subject to subsection (9), nothing in this section affects the use, or
any rights conferred by law relating to the use, of a name or a
symbol on or after the date of commencement of this section if:
(a) within the prescribed period before that date, the person used
the name or symbol in good faith in a manner mentioned in
subsection (1) or (2); or
(b) immediately before that date the person would have been
entitled to prevent another person from passing off, by means
of the use of that name or symbol or of a similar name or
symbol, goods or services as the goods or services of that
first-mentioned person.
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(9) No action or proceeding, whether criminal or civil, lies against the
Commonwealth for or in relation to the use by the Commonwealth
of the name “medicare” or “Medicare Australia” or of an official
“medicare” or “Medicare Australia” symbol.
(10) To the extent that subsection (9) results in an acquisition of
property from any person, the Commonwealth is liable to pay to
that person such compensation as is agreed upon between them or,
in default of agreement, as is determined by the Federal Court of
Australia.
(11) The Federal Court of Australia has jurisdiction with respect of
matters arising under subsection (10).
41CA Authorisations for purposes of section 41C
(1) Subsection 41C(1) or (2) does not apply to conduct engaged in by a
person in accordance with an authorisation (including any
conditions) in force under subsection (2) of this section in relation
to the person.
Note: A defendant bears an evidential burden in relation to the matter in
subsection (1): see subsection 13.3(3) of the Criminal Code.
(2) For the purposes of subsection (1), the Secretary may, by writing,
authorise specified persons to engage in specified conduct. The
authorisation may make the conduct subject to specified
conditions.
Note: For specification by class, see subsection 33(3AB) of the Acts
Interpretation Act 1901.
(3) An authorisation under subsection (2) ceases to be in force in
relation to a person if the person contravenes a condition of the
authorisation that applies to the person.
(4) Subsection (3) does not limit the application of subsection 33(3) of
the Acts Interpretation Act 1901 in relation to an authorisation
under subsection (2) of this section.
Note: Subsection 33(3) of the Acts Interpretation Act 1901 deals with
revocation and variation etc. of instruments.
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Delegation
(5) The Secretary may, by writing, delegate the Secretary’s powers
under subsection (2) to:
(a) the Chief Executive Medicare; or
(b) any other APS employee in the Department; or
(c) an APS employee in the Department administered by the
Minister administering the Health Insurance Act 1973.
Note: The expression APS employee is defined in section 2B of the Acts
Interpretation Act 1901.
(6) A delegate must comply with any written directions of the
Secretary.
Authorisation not a legislative instrument
(7) An authorisation under subsection (2) is not a legislative
instrument.
41D Forfeiture of articles etc.
All articles or goods by means of which, or in relation to which, an
offence against subsection 41C(1) is committed are forfeited to the
Commonwealth.
41E Sections 41C and 41D not to limit other laws
The provisions of sections 41C and 41D are in addition to, and not
in substitution for, the provisions of any other law (whether a law
of the Commonwealth or a law of a State or Territory) that confers
rights or powers on the Commonwealth, including, but without
limiting the generality of the foregoing, rights or powers to
institute civil or criminal proceedings for the protection of the
property or interests of the Commonwealth.
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41F Chief Executive Medicare may charge for services
The Chief Executive Medicare may charge fees for services he or
she provides in connection with the performance of his or her
functions.
41G Medicare programs
For the purposes of a law of the Commonwealth, the following are
medicare programs:
(a) services, benefits, programs or facilities that are provided for
under:
(i) the Health Insurance Act 1973; or
(ii) the National Health Act 1953; or
(iii) the Dental Benefits Act 2008; or
(iv) the Aged Care Act 1997; or
(iva) the Aged Care (Transitional Provisions) Act 1997; or
(v) the Healthcare Identifiers Act 2010; or
(vi) the Private Health Insurance Act 2007; or
(vii) the Health and Other Services (Compensation) Act
1995;
(b) services, benefits, programs or facilities specified in a
legislative instrument made by the Minister for the purposes
of this paragraph.
42 Annual report
(1) The annual report on the Department’s activities given by the
Secretary under section 63 of the Public Service Act 1999 must
include:
(a) the number of signed instruments made under section 8M;
and
(b) the number of notices in writing given under section 8P; and
(c) the number of notices in writing given to individual patients
under section 8P; and
(d) the number of premises entered under section 8U; and
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(e) the number of occasions when powers were used under
section 8V; and
(f) the number of search warrants issued under section 8Y; and
(g) the number of search warrants issued by telephone or other
electronic means under section 8Z; and
(h) the number of patients advised in writing under section 8ZN.
(2) The annual report mentioned in subsection (1) must also include
information about the operation of the following Acts during the
financial year to which the report relates:
(a) the Medical Indemnity Act 2002;
(aa) the Medical Indemnity (Competitive Advantage Payment) Act
2005;
(b) the Medical Indemnity (Run-off Cover Support Payment) Act
2004;
(c) the Medical Indemnity (UMP Support Payment) Act 2002;
(d) the Midwife Professional Indemnity (Commonwealth
Contribution) Scheme Act 2010;
(e) the Midwife Professional Indemnity (Run-off Cover Support
Payment) Act 2010.
43 Arrangements with States and Territories—magistrates
States
(1) The Governor-General may make arrangements with the Governor
of a State in relation to the performance of the functions of a
magistrate under this Act by a magistrate of that State.
(2) The Governor-General may arrange with the Governor of a State
with whom an arrangement is in force under subsection (1) for the
variation or revocation of the arrangement.
Australian Capital Territory
(3) The Governor-General may make arrangements with the Chief
Minister of the Australian Capital Territory in relation to the
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performance of the functions of a magistrate under this Act by a
magistrate of the Australian Capital Territory.
(4) The Governor-General may arrange with the Chief Minister of the
Australian Capital Territory for the variation or revocation of an
arrangement in force under subsection (3).
Northern Territory
(5) The Governor-General may make arrangements with the
Administrator of the Northern Territory in relation to the
performance of the functions of a magistrate under this Act by a
magistrate of the Northern Territory.
(6) The Governor-General may arrange with the Administrator of the
Northern Territory for the variation or revocation of an
arrangement in force under subsection (5).
Gazettal
(7) A copy of each instrument by which an arrangement under this
section is made, varied or revoked is to be published in the Gazette.
Legislative instruments
(8) An instrument by which an arrangement under this section is made,
varied or revoked is not a legislative instrument.
43A Multiple secrecy provisions
Scope
(1) This section applies to particular information if:
(a) the information is subject to a regulatory regime under a
designated program Act (the first program Act); and
(b) the information is also subject to a regulatory regime under
another designated program Act (the second program Act).
For the purposes of this subsection, in determining whether
particular information is subject to a regulatory regime under a
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designated program Act, disregard whether the information is
subject to a regulatory regime under any other designated program
Act.
Disclosure or use of information etc.
(2) If:
(a) the Secretary, the Chief Executive Medicare or a
Departmental employee:
(i) discloses the information; or
(ii) uses the information; or
(iii) makes a record of the information; and
(b) the Secretary, the Chief Executive Medicare or the
Departmental employee, as the case may be, does so without
contravening the first program Act;
the disclosure, use, or making of the record, as the case may be,
does not contravene the second program Act.
Definitions
(3) In this section:
designated program Act means:
(a) the A New Tax System (Family Assistance) (Administration)
Act 1999; or
(b) the Aged Care Act 1997; or
(ba) the Australian Immunisation Register Act 2015; or
(c) the Child Support (Assessment) Act 1989; or
(d) the Child Support (Registration and Collection) Act 1988; or
(e) the Dental Benefits Act 2008; or
(f) the Disability Services Act 1986; or
(g) the Health Insurance Act 1973; or
(h) the Medical Indemnity Act 2002; or
(i) the Midwife Professional Indemnity (Commonwealth
Contribution) Scheme Act 2010; or
(j) the National Health Act 1953; or
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(k) the Paid Parental Leave Act 2010; or
(l) the Private Health Insurance Act 2007; or
(m) the Social Security (Administration) Act 1999; or
(n) the Student Assistance Act 1973; or
(o) an Act specified in a legislative instrument made by the
Minister for the purposes of this paragraph.
disclose means disclose, divulge or communicate.
44 Regulations
The Governor-General may make regulations, not inconsistent with
this Act, prescribing all matters required or permitted by this Act to
be prescribed or necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
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Endnotes
Endnote 1—About the endnotes
54 Human Services (Medicare) Act 1973
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every 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 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 (or will amend) 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.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make
editorial and presentational changes to a compiled law in preparing a
compilation of the law for registration. The changes must not change the effect
of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief
outline of the changes in general terms. Full details of any changes can be
obtained from the Office of Parliamentary Counsel.
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
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Endnotes
Endnote 1—About the endnotes
Human Services (Medicare) Act 1973 55
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
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.
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Endnotes
Endnote 2—Abbreviation key
56 Human Services (Medicare) Act 1973
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
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)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
No. = Number(s) commenced or to be commenced
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Endnote 3—Legislation history
Human Services (Medicare) Act 1973 57
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
Endnote 3—Legislation history
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Health Insurance
Commission Act 1973
41, 1974 8 Aug
1974
8 Aug 1974
Health Insurance
Commission
Amendment Act 1976
61, 1976 5 June 1976 5 June 1976 —
Administrative Changes
(Consequential
Provisions) Act 1976
91, 1976 20 Sept
1976
s. 3: (a) s. 4
Health Insurance
Commission
Amendment Act (No. 2)
1976
100, 1976 29 Sept
1976
s. 6: Royal Assent
s. 9: 1 Apr 1977
Remainder: 1 July 1976
—
Administrative Changes
(Consequential
Provisions) Act 1978
36, 1978 12 June
1978
12 June 1978 s. 8
Health Insurance
Commission
Amendment Act 1978
134, 1978 31 Oct
1978
1 Nov 1978 ss. 30–36
Health Insurance
Amendment Act 1979
53, 1979 14 June
1979
ss. 5–7: 1 Sept 1979
s. 9 and Part III (ss. 11,
12): 1 July 1979
Remainder: Royal
Assent
—
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Endnotes
Endnote 3—Legislation history
58 Human Services (Medicare) Act 1973
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Health Legislation
Amendment Act 1983
54, 1983 1 Oct 1983 ss. 1–3, 4(1), 31(1),
32(4)–(8), 39, 45, 64–67,
70–82, 83(1), 85–88,
89(2), 95–99, 115(1),
119(1), 120(1), 123, 124,
126, 128 and 129: Royal
Assent
Remainder: 1 Feb 1984
ss. 67(2), 74(2),
83(3), 84(2), 87,
135 and 136
Conciliation and
Arbitration Amendment
Act (No. 2) 1983
115, 1983 16 Dec
1983
s. 41: 1 June 1984 (see
Gazette 1984, No. S201)
(b)
—
Public Service Reform
Act 1984
63, 1984 25 June
1984
s. 151(1): 1 July 1984
(see Gazette 1984, No.
S245) (c)
s. 151(9)
Statute Law
(Miscellaneous
Provisions) Act (No. 1)
1985
65, 1985 5 June 1985 s. 3: 3 July 1985 (d) —
Health Legislation
Amendment Act (No. 2)
1985
167, 1985 16 Dec
1985
ss. 1–25, 26(2), 27, 37,
38, 42, 43, 55, 57, 65–70
and 72–74: Royal Assent
s. 28: 1 Feb 1984
s. 30: 5 Sept 1985
ss. 58–64: 1 May 1985
Remainder: 22 Feb 1986
(see Gazette 1986, No.
S64)
ss. 65 and 66
Health Legislation
Amendment Act 1986
75, 1986 24 June
1986
Part III (ss. 55, 56):
22 July 1986 (e)
—
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Endnotes
Endnote 3—Legislation history
Human Services (Medicare) Act 1973 59
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Commonwealth
Employees’
Rehabilitation and
Compensation Act 1988
75, 1988 24 June
1988
ss. 1 and 2: Royal Assent
ss. 4(1), 68–97, 99 and
100: 1 July 1988 (see
Gazette 1988, No. S196)
Remainder: 1 Dec 1988
(see Gazette 1988, No.
S196)
—
Statutory Instruments
(Tabling and
Disallowance)
Legislation Amendment
Act 1988
99, 1988 2 Dec 1988 2 Dec 1988 —
Health Legislation
(Pharmaceutical
Benefits) Amendment
Act 1991
119, 1991 27 June
1991
s. 3: Royal Assent (f)
ss. 4 (in part) and 5:
1 July 1991 (f)
s. 4 (in part): 1 Aug 1991
(see Gazette 1991, No.
S209) (f)
—
Industrial Relations
Legislation Amendment
Act 1991
122, 1991 27 June
1991
ss. 4(1), 10(b) and 15–
20: 1 Dec 1988
ss. 28(b)–(e), 30 and 31:
10 Dec 1991 (see
Gazette 1991, No. S332)
Remainder: Royal
Assent
s. 31(2)
Superannuation
Legislation
(Consequential
Amendments and
Transitional Provisions)
Act 1992
94, 1992 30 June
1992
s. 3: 1 July 1990
Remainder: Royal
Assent
—
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Endnotes
Endnote 3—Legislation history
60 Human Services (Medicare) Act 1973
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Health and Community
Services Legislation
Amendment Act 1992
136, 1992 11 Nov
1992
ss. 38, 39(a), 41, 43,
44(d) and 49: 12 May
1954 (see s. 2(2) and
Gazette 1954, p. 1179)
s. 40: 1 July 1992
ss. 46 and 47: 18 Dec
1990
Remainder: Royal
Assent
s. 24
Health Insurance
Commission
Amendment Act 1993
29, 1993 9 June 1993 9 June 1993 —
Human Services and
Health Legislation
Amendment Act 1994
80, 1994 23 June
1994
Part 3 (ss. 6–12): 9 June
1993 (g)
s. 13: Royal Assent (g)
s. 12
Health Legislation
(Powers of
Investigation)
Amendment Act 1994
85, 1994 23 June
1994
21 July 1994 s. 2 (rep. by 19,
1996, Sch. 1
[item 1])
as amended by
Health Legislation
(Powers of
Investigation)
Amendment Act 1996
19, 1996 28 June
1996
28 June 1996 —
Health Legislation
(Private Health
Insurance Reform)
Amendment Act 1995
41, 1995 29 May
1995
s. 5(2): 1 Oct 1995 (h) —
Health and Other
Services (Compensation)
(Consequential
Amendments) Act 1995
132, 1995 14 Nov
1995
1 Feb 1996 (see s. 2 and
Gazette 1996, No. GN2)
—
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Endnotes
Endnote 3—Legislation history
Human Services (Medicare) Act 1973 61
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Human Services and
Health Legislation
Amendment Act (No. 3)
1995
149, 1995 16 Dec
1995
Schedule 1 (items 62–
68) and Schedule 2
(item 15): Royal Assent
(i)
Sch. 1 (item 68)
(rep. by 19, 1996,
Sch. 1 [item 2])
as amended by
Health Legislation
(Powers of
Investigation)
Amendment Act 1996
19, 1996 28 June
1996
28 June 1996 —
Statute Law Revision
Act 1996
43, 1996 25 Oct
1996
Schedule 4 (item 86):
Royal Assent (j)
—
Health Legislation
Amendment (Private
Health Insurance
Incentives) Act 1997
45, 1997 22 Apr
1997
22 Apr 1997 —
Tax Law Improvement
Act 1997
121, 1997 8 July 1997 Schedule 3 (item 70): (k) —
Audit (Transitional and
Miscellaneous)
Amendment Act 1997
152, 1997 24 Oct
1997
Schedule 2 (items 805–
822): 1 Jan 1998 (see
Gazette 1997, GN49) (l)
—
Health Insurance
Commission (Reform
and Separation of
Functions) Act 1997
159, 1997 11 Nov
1997
Schedule 1 (items 1–34):
Royal Assent (m)
Schedule 1 (items 39–
80): 1 Mar 1998 (see
Gazette 1998, No. GN9)
(m)
Schedule 1 (item 81): 11
Nov 2002 (m)
Sch. 1 (items 31–
34, 73–80)
Child Care Payments
(Consequential
Amendments and
Transitional Provisions)
Act 1997
196, 1997 8 Dec 1997 Schedule 1 (item 12): (n)
Schedule 1 (items 13–
16): (n)
—
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Endnotes
Endnote 3—Legislation history
62 Human Services (Medicare) Act 1973
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
as repealed by
A New Tax System
(Family Assistance)
(Consequential and
Related Measures)
Act (No. 1) 1999
82, 1999 8 July 1999 Schedule 2 (item 2): (na) —
Health Legislation
Amendment Act 1998
19, 1998 17 Apr
1998
Schedule 1 (item 1):
Royal Assent (o)
—
A New Tax System
(Family Assistance)
(Consequential and
Related Measures) Act
(No. 2) 1999
83, 1999 8 July 1999 Schedule 8 (items 1–6):
1 July 2000 (p)
—
Public Employment
(Consequential and
Transitional)
Amendment Act 1999
146, 1999 11 Nov
1999
Schedule 1 (items 509,
510): 5 Dec 1999 (see
Gazette 1999, No. S584)
(q)
—
Corporate Law
Economic Reform
Program Act 1999
156, 1999 24 Nov
1999
Schedule 10 (items 86,
87): 13 Mar 2000 (see
Gazette 2000, No. S114)
(r)
—
Health Legislation
Amendment Act (No. 3)
1999
159, 1999 8 Dec 1999 Schedule 3 (item 70):
1 Jan 1999 (s)
—
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Endnotes
Endnote 3—Legislation history
Human Services (Medicare) Act 1973 63
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
as amended by
Health Legislation
Amendment Act
(No. 2) 2001
59, 2001 28 June
2001
Schedule 3 (items 7–10):
15 Dec 1998 (see s. 2(2))
Schedule 3 (item 12):
1 Jan 1999
Remainder: Royal
Assent
—
Criminal Code
Amendment (Theft,
Fraud, Bribery and
Related Offences) Act
2000
137, 2000 24 Nov
2000
Sch 2 (items 220, 221,
418, 419): 24 May 2001
(s 2(3))
Sch 2 (items 418,
419)
Health and Aged Care
Legislation Amendment
(Application of Criminal
Code) Act 2001
111, 2001 17 Sept
2001
17 Sept 2001 s 4
Abolition of Compulsory
Age Retirement
(Statutory Officeholders)
Act 2001
159, 2001 1 Oct 2001 29 Oct 2001 Sch 1 (item 97)
Health Insurance
Commission
Amendment Act 2002
71, 2002 4 Sept 2002 ss. 1–3 and Schedule 1:
Royal Assent
Remainder: (t)
Sch 1 (item 4)
Medical Indemnity
(Consequential
Amendments) Act 2002
133, 2002 19 Dec
2002
1 Jan 2003 —
Designs (Consequential
Amendments) Act 2003
148, 2003 17 Dec
2003
Sch 1 and 2: 17 June
2004 (s 2(1) item 2)
—
Medical Indemnity
Amendment Act 2004
17, 2004 23 Mar
2004
24 Mar 2004 —
Health and Ageing
Legislation Amendment
Act 2004
50, 2004 21 Apr
2004
Schedule 1 (item 6):
Royal Assent
—
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Endnotes
Endnote 3—Legislation history
64 Human Services (Medicare) Act 1973
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Medical Indemnity
Legislation Amendment
(Run-off Cover
Indemnity and Other
Measures) Act 2004
77, 2004 23 June
2004
Schedule 2 (item 2):
1 July 2004
—
Financial Framework
Legislation Amendment
Act 2005
8, 2005 22 Feb
2005
Schedule 2 (items 124,
174): Royal Assent
Sch 2 (item 174)
Human Services
Legislation Amendment
Act 2005
111, 2005 6 Sept 2005 Sch 1 and Sch 2): 1 Oct
2005 (s 2(1) items 2–7)
Sch 2 (items 714–
719, 721–727,
730, 731)
Sch. 2 (item 720)
(rep. by 100,
2011, Sch. 1
[item 6])
as amended by
Statute Stocktake Act
(No. 1) 2011
100, 2011 15 Sept
2011
Schedule 1 (item 6):
16 Sept 2011
—
Medical Indemnity
Legislation Amendment
(Competitive Neutrality)
Act 2005
126, 2005 19 Oct
2005
Schedule 1 (item 2):
1 July 2005
—
Health Insurance
Amendment
(Inappropriate and
Prohibited Practices and
Other Measures) Act
2007
88, 2007 21 June
2007
Schedule 1: 1 Mar 2008
Remainder: Royal
Assent
—
Dental Benefits
(Consequential
Amendments) Act 2008
42, 2008 25 June
2008
Schedule 1 (items 6–17):
26 June 2008 (see
s. 2(1))
—
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Endnotes
Endnote 3—Legislation history
Human Services (Medicare) Act 1973 65
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Health Legislation
Amendment (Midwives
and Nurse Practitioners)
Act 2010
29, 2010 12 Apr
2010
Schedule 2 (items 9–18):
1 July 2010 (see s. 2(1))
—
National Health
Amendment
(Pharmaceutical Benefits
Scheme) Act 2010
126, 2010 23 Nov
2010
Schedule 6 (item 29):
1 Dec 2010
—
Human Services
Legislation Amendment
Act 2011
32, 2011 25 May
2011
Schedule 1: 1 July 2011 Sch 1 (items 88–
99A, 101–116)
Statute Law Revision
Act 2012
136, 2012 22 Sept
2012
Schedule 1 (item 68) and
Schedule 4 (items 19, 20,
50): 22 Sept 2012 (s 2(1)
items 2, 35)
Sch 4 (item 50)
Aged Care (Living
Longer Living Better)
Act 2013
76, 2013 28 June
2013
Sch 4 (item 11): 1 July
2014 (s 2(1) item 6)
—
Health and Other
Legislation Amendment
Act 2013
111, 2013 29 June
2013
Sch 1 (items 20-22):
30 June 2013 (s 2(1)
item 4)
—
Norfolk Island
Legislation Amendment
Act 2015
59, 2015 26 May
2015
Sch 2 (items 223, 224):
1 July 2016 (s 2(1)
item 5)
Sch 2 (items 356–396):
18 June 2015 (s 2(1)
item 6)
Sch 2 (items 356–
396)
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Endnotes
Endnote 3—Legislation history
66 Human Services (Medicare) Act 1973
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
as amended by
Territories Legislation
Amendment Act 2016
33, 2016 23 Mar
2016
Sch 2: 24 Mar 2016
(s 2(1) item 2)
—
Australian Immunisation
Register (Consequential
and Transitional
Provisions) Act 2015
139, 2015 12 Nov
2015
Sch 1 (item 11): 1 Jan
2016 (s 2(1) item 2)
—
Statute Law Revision
Act (No. 1) 2016
4, 2016 11 Feb
2016
Sch 4 (items 1, 186):
10 Mar 2016 (s 2(1)
item 6)
—
Statute Update Act 2016 61, 2016 23 Sept
2016
Sch 1 (items 287, 288):
21 Oct 2016 (s 2(1) item
1)
—
(a) The Human Services (Medicare) Act 1973 was amended by section 3 only of
the Administrative Changes (Consequential Provisions) Act 1976,
subsection 2(7) of which provides as follows:
(7) The amendments of each other Act specified in the Schedule made by
this Act shall be deemed to have come into operation on 22 December
1975.
(b) The Human Services (Medicare) Act 1973 was amended by section 41 only of
the Conciliation and Arbitration Amendment Act (No. 2) 1983,
subsection 2(2) of which provides as follows:
(2) Sections 3, 6, 7, 8, 9, 10, 12, 14 and 16, subsection 22(3) and sections 27,
39, 40, 41 and 43 shall come into operation on a date, or respective dates,
to be fixed by Proclamation.
(c) The Human Services (Medicare) Act 1973 was amended by subsection 151(1)
only of the Public Service Reform Act 1984, subsection 2(4) of which
provides as follows:
(4) The remaining provisions of this Act shall come into operation on such
day as is, or such respective days as are, fixed by Proclamation.
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Endnotes
Endnote 3—Legislation history
Human Services (Medicare) Act 1973 67
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
(d) The Human Services (Medicare) Act 1973 was amended by section 3 only of
the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1)
of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the
twenty-eighth day after the day on which it receives the Royal Assent.
(e) The Human Services (Medicare) Act 1973 was amended by Part III
(sections 55 and 56) only of the Health Legislation Amendment Act 1986,
subsection 2(1) of which provides as follows:
(1) Section 1, this section, section 3, subsection 19(2), section 23,
subsection 47(1), section 53, Part III, section 57, sections 61 to 71
(inclusive) and Parts V and VI shall come into operation on the
twenty-eighth day after the day on which this Act receives the Royal
Assent.
(f) The Human Services (Medicare) Act 1973 was amended by sections 3–5 only
of the Health Legislation (Pharmaceutical Benefits) Amendment Act 1991,
subsection 2(1) and paragraphs (3)(a), (b) and (4)(b) of which provide as
follows:
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(3) The following provisions commence on 1 July 1991:
(a) section 5, paragraph 7(c) and sections 8 and 9;
(b) subsections 8D(1) and (3) inserted in the Health Insurance
Commission Act 1973 by section 4 of this Act.
(4) Subject to subsection (5), the following provisions commence on a day
(being a day after 1 July 1991) to be fixed by Proclamation:
(b) subsection 8D(2) inserted in the Health Insurance Commission Act
1973 by section 4 of this Act.
(g) The Human Services (Medicare) Act 1973 was amended by Part 3
(sections 6–12) and section 13 only of the Human Services and Health
Legislation Amendment Act 1994, subsections 2(1) and (2) of which provide
as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on
which it receives the Royal Assent.
(2) Part 3 is taken to have commenced on 9 June 1993, immediately after the
commencement of the Health Insurance Commission Amendment Act
1993.
(h) The Human Services (Medicare) Act 1973 was amended by subsection 5(2)
only of the Health Legislation (Private Health Insurance Reform)
Amendment Act 1995, subsection 2(3) of which provides as follows:
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Endnotes
Endnote 3—Legislation history
68 Human Services (Medicare) Act 1973
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
(3) Section 5 and Schedule 2 commence on 1 October 1995.
(i) The Human Services (Medicare) Act 1973 was amended by Schedule 1
(items 62–68) and Schedule 2 (item 15) only of the Human Services and
Health Legislation Amendment Act (No. 3) 1995, subsection 2(1) of which
provides as follows:
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(j) The Human Services (Medicare) Act 1973 was amended by Schedule 4
(item 86) only of the Statute Law Revision Act 1996, subsection 2(1) of which
provides as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on
which it receives the Royal Assent.
(k) The Human Services (Medicare) Act 1973 was amended by Schedule 3
(item 70) only of the Tax Law Improvement Act 1997, subsections 2(2) and
(3) of which provide as follows:
(2) Schedule 1 commences on 1 July 1997 immediately after the
commencement of the Income Tax Assessment Act 1997.
(3) Each of the other Schedules (except Schedule 12) commences
immediately after the commencement of the immediately preceding
Schedule.
(l) The Human Services (Medicare) Act 1973 was amended by Schedule 2
(items 805–822) only of the Audit (Transitional and Miscellaneous)
Amendment Act 1997, subsection 2(2) of which provides as follows:
(2) Schedules 1, 2 and 4 commence on the same day as the Financial
Management and Accountability Act 1997.
(m) The Human Services (Medicare) Act 1973 was amended by Schedule 1
(items 1–34 and 39–81) only of the Health Insurance Commission (Reform
and Separation of Functions) Act 1997, subsections 2(1), (2) and (4) of which
provide as follows:
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Subject to subsection (3), Part 2 of Schedule 1 to this Act commences on
the fund-transfer day.
(4) Part 3 of Schedule 1 to this Act commences at the end of the period of 5
years beginning on the day on which this Act receives the Royal Assent.
(n) The Human Services (Medicare) Act 1973 was amended by Schedule 1
(items 12–16) only of the Child Care Payments (Consequential Amendments
and Transitional Provisions) Act 1997, subsections 2(2) and (4) of which
provide as follows:
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Endnote 3—Legislation history
Human Services (Medicare) Act 1973 69
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
(2) Subject to subsections (3) to (5), Schedule 1 commences on the day that
is the payment commencement day for the purposes of the Child Care
Payments Act 1997.
(4) Item 12 of Schedule 1 commences on the payment commencement day
only if item 39 of Schedule 1 to the Health Insurance Commission
(Reform and Separation of Functions) Act 1997 has not commenced
before that day.
The Child Care Payments (Consequential Amendments and Transitional
Provisions) Act 1997 was repealed by Schedule 2 (item 2) of the A New Tax
System (Family Assistance) (Consequential and Related Measures) Act
(No. 1) 1999 before the amendments made by Schedule 1 (items 13–16)
commenced.
The amendment made by Schedule 1 (item 12) did not commence.
(na) The Child Care Payments (Consequential Amendments and Transitional
Provisions) Act 1997 was repealed by Schedule 2 (item 2) only of the A New
Tax System (Family Assistance) (Consequential and Related Measures) Act
(No. 1) 1999, subsection 2(3) of which provides as follows:
(3) Items 1, 2, 4 and 5 of Schedule 2 commence immediately before the day
that is the payment commencement day for the purposes of the Child
Care Payments Act 1997.
The payment commencement day was 19 June 2000.
(o) The Human Services (Medicare) Act 1973 was amended by Schedule 1
(item 1) only of the Health Legislation Amendment Act 1998, subsection 2(1)
of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(p) The Human Services (Medicare) Act 1973 was amended by Schedule 8
(items 1–6) only of the A New Tax System (Family Assistance)
(Consequential and Related Measures) Act (No. 2) 1999, subsection 2(2) of
which provides as follows:
(2) Schedule 1 (Parts 1 to 5), Schedules 3 to 6, Schedule 7 (other than
item 14), Schedules 8 and 9, Schedule 10 (other than item 63) and
Schedule 11 (items 3 and 4 only) commence, or are taken to have
commenced, on the commencement of Schedule 1 to the A New Tax
System (Family Assistance) (Consequential and Related Measures) Act
(No. 1) 1999.
(q) The Human Services (Medicare) Act 1973 was amended by Schedule 1
(items 509 and 510) only of the Public Employment (Consequential and
Transitional) Amendment Act 1999, subsections 2(1) and (2) of which
provide as follows:
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Endnotes
Endnote 3—Legislation history
70 Human Services (Medicare) Act 1973
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
(1) In this Act, commencing time means the time when the Public Service
Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
(r) The Human Services (Medicare) Act 1973 was amended by Schedule 10
(items 86 and 87) only of the Corporate Law Economic Reform Program Act
1999, subsection 2(2)(c) of which provides as follows:
(2) The following provisions commence on a day or days to be fixed by
Proclamation:
(c) the items in Schedules 10, 11 and 12.
(s) The Human Services (Medicare) Act 1973 was amended by Schedule 3
(item 70) only of the Health Legislation Amendment Act (No. 3) 1999,
subsection 2(5) of which provides as follows:
(5) Schedule 3 is taken to have commenced on 1 January 1999.
(t) Subsection 2(1) (item 3(b)) of the Health Insurance Commission Amendment
Act 2002 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences,
or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
3. Schedule 2 The later of:
(b) immediately after item 81 of Schedule 1 to the
Health Insurance Commission (Reform and Separation
of Functions) Act 1997 commences
11 November 2002
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Endnotes
Endnote 4—Amendment history
Human Services (Medicare) Act 1973 71
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
Endnote 4—Amendment history
Provision affected How affected
Title ..............................................rs. No. 111, 2005
am. No. 32, 2011
Part I
s. 1 ................................................am. No. 111, 2005; No. 32, 2011
s 3 .................................................am No 91, 1976; No 100, 1976; No 134, 1978; No 54, 1983; No 136,
1992; No 80, 1994; No 85, 1994; No 149, 1995; No 159, 1997; No 83,
1999; No 146, 1999; No 71, 2002; No 50, 2004; No 111, 2005; No 88,
2007; No 42, 2008; No 126, 2010; No 32, 2011; No 59, 2015
s. 3A ..............................................ad. No. 85, 1994
am. No. 132, 1995; No. 137, 2000; No. 111, 2001; No. 133, 2002;
No. 88, 2007; No. 42, 2008; No. 29, 2010
s 3B ...............................................ad No 111, 2001
rep No 32, 2011
ad No 59, 2015
Heading to Part II ..........................am. No. 134, 1978
rs. No. 111, 2005
rep. No. 32, 2011
Part II ............................................rep. No. 32, 2011
Part IIA
Heading to Part IIA .......................ad. No. 111, 2005
rs. No. 32, 2011
Heading to Div. 1 of Part IIA
.......................................................
ad. No. 111, 2005
rep. No. 32, 2011
s. 4 ................................................rs. No. 111, 2005; No. 32, 2011
s. 4A ..............................................ad. No. 111, 2005
rs. No. 32, 2011
am. No. 136, 2012
Note to s. 4A(1) ............................ad. No. 136, 2012
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Endnotes
Endnote 4—Amendment history
72 Human Services (Medicare) Act 1973
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
Provision affected How affected
Heading to s. 5 ..............................am. No. 111, 2005; No. 32, 2011
Subhead. to s. 5(1) ........................ad. No. 32, 2011
s. 5 ................................................am. No. 100, 1976
rep. No. 134, 1978
ad. No. 54, 1983
rs. No. 159, 1997
am. No. 111, 2005; No. 32, 2011
Heading to s. 6 ..............................am. No. 32, 2011
s. 6 ................................................am. No. 100, 1976
rep. No. 134, 1978
ad. No. 159, 1997
rs. No. 111, 2005
am. No. 32, 2011
Heading to s. 7 ..............................am. No. 111, 2005
rs. No. 32, 2011
s. 7 ................................................rep. No. 134, 1978
ad. No. 159, 1997
am. No. 111, 2005
rs. No. 32, 2011
s. 7A ..............................................ad. No. 111, 2005
rs. No. 32, 2011
s. 8 ................................................rs. No. 100, 1976
rep. No. 134, 1978
ad. No. 159, 1997
rs. No. 111, 2005
rep. No. 32, 2011
ss. 8AA, 8AB.................................ad. No. 159, 1997
rs. No. 111, 2005
rep. No. 32, 2011
s. 8AC............................................ad. No. 111, 2005
am. No. 32, 2011
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Endnotes
Endnote 4—Amendment history
Human Services (Medicare) Act 1973 73
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
Provision affected How affected
Heading to s. 8AD ........................am. No. 32, 2011
s. 8AD ...........................................ad. No. 111, 2005
am. No. 32, 2011
Note to s. 8AD(1) ..........................am. No. 32, 2011
Heading to s. 8AE .........................am. No. 32, 2011
s. 8AE ...........................................ad. No. 111, 2005
am. No. 32, 2011
Note to s. 8AE(1) ..........................am. No. 32, 2011
Heading to s. 8AF .........................am. No. 32, 2011
s. 8AF ...........................................ad. No. 111, 2005
am. No. 32, 2011
ss. 8AG–8AM ...............................ad. No. 111, 2005
rep. No. 32, 2011
s. 8A ..............................................ad. No. 61, 1976
rs. No. 100, 1976
am. No. 134, 1978; No. 54, 1983; No. 41, 1995
rep. No. 159, 1997
s. 8B ..............................................ad. No. 100, 1976
am. No. 134, 1978; No. 54, 1983
rep. No. 159, 1997
ad. No. 32, 2011
Div. 2 of Part IIA ..........................ad. No. 111, 2005
rep. No. 32, 2011
Part IIA ..........................................ad. No. 61, 1976
rep. No. 100, 1976
Part IIAA ......................................ad. No. 29, 1993
rep. No. 83, 1999
s. 8BA............................................ad. No. 29, 1993
rep. No. 83, 1999
Part IIAB .......................................ad. No. 149, 1995
rep. No. 159, 1997
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Endnotes
Endnote 4—Amendment history
74 Human Services (Medicare) Act 1973
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
Provision affected How affected
s. 8BB ...........................................ad. No. 149, 1995
rep. No. 159, 1997
Part IIAC .......................................ad. No. 149, 1995
rep. No. 159, 1997
s. 8BC ...........................................ad. No. 149, 1995
rep. No. 159, 1997
Part IIB .........................................ad. No. 134, 1978
rep. No. 159, 1997
s. 8C ..............................................ad. No. 100, 1976
rs. No. 134, 1978
am. No. 54, 1983
rep. No. 159, 1997
s. 8D ..............................................ad. No. 100, 1976
rs. No. 134, 1978
rep. No. 53, 1979
ad. No. 119, 1991
rep. No. 136, 1992
ad. No. 132, 1995
rep. No. 159, 1997
s. 8DA ...........................................ad. No. 45, 1997
rep. No. 159, 1997
s. 8E ..............................................ad. No. 100, 1976
am. No. 36, 1978
rs. No. 134, 1978
am. No. 54, 1983
rep. No. 159, 1997
s. 8F ..............................................ad. No. 134, 1978
am. No. 119, 1991
rep. No. 159, 1997
Heading to Part IIC .......................am. No. 85, 1994
rep. No. 111, 2005
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Endnotes
Endnote 4—Amendment history
Human Services (Medicare) Act 1973 75
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
Provision affected How affected
Part IIC ..........................................ad. No. 134, 1978
rep. No. 111, 2005
s. 8G ..............................................ad. No. 134, 1978
am. Nos. 152 and 159, 1997
rep. No. 111, 2005
s. 8H ..............................................ad. No. 134, 1978
am. No. 54, 1983
rep. No. 111, 2005
s. 8HA ...........................................ad. No. 149, 1995
rep. No. 111, 2005
s. 8J ...............................................ad. No. 54, 1983
am. No. 99, 1988; No. 159, 1997
rep. No. 111, 2005
s. 8JA.............................................ad. No. 159, 1997
rep. No. 111, 2005
Part IID
Heading to Part IID .......................rs. No. 111, 2005; No. 32, 2011
Part IID .........................................ad. No. 85, 1994
Division 1
s. 8K...............................................ad. No. 85, 1994
ss. 8L, 8M ......................................ad. No. 85, 1994
am. No. 111, 2005; No. 32, 2011
s. 8N...............................................ad. No. 85, 1994
am. No. 111, 2001; No. 111, 2005; No. 32, 2011
Division 2
Heading to s. 8P ............................am. No. 111, 2005; No. 32, 2011
s. 8P ...............................................ad. No. 85, 1994
am. No. 111, 2005; No. 88, 2007; No. 42, 2008; No. 32, 2011
s. 8Q...............................................ad. No. 85, 1994
am. No. 111, 2005; No. 32, 2011
s. 8R...............................................ad. No. 85, 1994
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Endnotes
Endnote 4—Amendment history
76 Human Services (Medicare) Act 1973
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
Provision affected How affected
am. No. 111, 2001
s. 8RA............................................ad. No. 32, 2011
s. 8S ...............................................ad. No. 85, 1994
am. No. 111, 2001; No. 111, 2005
s. 8T...............................................ad. No. 85, 1994
Division 3
Heading to Div. 3 of ......................
Part IID
rs. No. 88, 2007
s. 8U...............................................ad. No. 85, 1994
am. No. 111, 2005; No. 88, 2007; No. 42, 2008; No. 32, 2011
s. 8V...............................................ad. No. 85, 1994
am. No. 88, 2007
s. 8W..............................................ad. No. 85, 1994
Division 4
Heading to s. 8X ............................am. No. 88, 2007
s. 8X...............................................ad. No. 85, 1994
s. 8Y...............................................ad. No. 85, 1994
am. No. 111, 2005; No. 88, 2007; No. 32, 2011
ss. 8Z, 8ZA ....................................ad. No. 85, 1994
Division 5
ss. 8ZB–8ZE ..................................ad. No. 85, 1994
ss. 8ZF, 8ZG ..................................ad. No. 85, 1994
rs. No. 32, 2011
ss. 8ZGA–8ZGC ............................ad. No. 32, 2011
s. 8ZH ............................................ad. No. 85, 1994
am. No. 32, 2011
s. 8ZI..............................................ad. No. 85, 1994
am. No. 88, 2007
ss. 8ZJ, 8ZK...................................ad. No. 85, 1994
s. 8ZL.............................................ad. No. 85, 1994
am. No. 32, 2011
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Endnotes
Endnote 4—Amendment history
Human Services (Medicare) Act 1973 77
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
Provision affected How affected
s. 8ZM ...........................................ad. No. 85, 1994
am. No. 149, 1995; No. 111, 2005; No. 32, 2011
Division 6
s. 8ZN ...........................................ad. No. 85, 1994
am. No. 111, 2005; No. 32, 2011
ss. 8ZO, 8ZP .................................ad. No. 85, 1994
s. 8ZQ ...........................................ad. No. 85, 1994
am. No. 111, 2005; No. 32, 2011
s. 8ZR ...........................................ad. No. 32, 2011
Part III ...........................................rs. No. 111, 2005
rep. No. 32, 2011
s. 9 .................................................rep. No. 111, 2005
Note to s. 9(1) ...............................ad. No. 152, 1997
am. No. 71, 2002
rep. No. 111, 2005
s. 9A...............................................ad. No. 152, 1997
am. No. 159, 1997
rep. No. 71, 2002
s. 10 ..............................................am. No. 91, 1976
rs. No. 134, 1978
am. No. 54, 1983; No. 136, 1992; No. 80, 1994; No. 159, 1997; No. 71,
2002
rep. No. 111, 2005
s. 11 ...............................................rep. No. 111, 2005
s. 12 ..............................................rs. No. 134, 1978
am. No. 80, 1994; No. 43, 1996
rep. No. 111, 2005
s. 13 ..............................................am. No. 91, 1976; No. 134, 1978; No. 80, 1994
rep. No. 111, 2005
s. 14 ...............................................rep. No. 111, 2005
s. 15 ..............................................rs. No. 54, 1983
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Endnotes
Endnote 4—Amendment history
78 Human Services (Medicare) Act 1973
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
Provision affected How affected
am. No. 80, 1994
rep. No. 152, 1997
s. 16 ...............................................rep. No. 111, 2005
s. 17 ..............................................am. No. 54, 1983; No. 80, 1994; Nos. 152 and 159, 1997; No. 156, 1999
rep. No. 111, 2005
s. 18 ..............................................rs. No. 80, 1994
rep. No. 111, 2005
s. 19 ..............................................am. No. 134, 1978; No. 136, 1992; No. 80, 1994
rep. No. 111, 2005
s. 19A.............................................ad. No. 159, 1997
rep. No. 111, 2005
s. 20 ..............................................rs. No. 136, 1992; No. 111, 2005
rep. No. 32, 2011
s. 21 ..............................................am. No. 136, 1992; No. 80, 1994; No. 159, 2001
rs. No. 111, 2005
rep. No. 32, 2011
Heading to Part IV .........................am. No. 136, 1992
rep. No. 111, 2005
Part IV ..........................................rep. No. 111, 2005
s. 22 ..............................................rs. No. 134, 1978
am. No. 136, 1992; No. 80, 1994; No. 149, 1995
rep. No. 111, 2005
s. 23 ..............................................rs. No. 122, 1991
am. No. 136, 1992; No. 146, 1999
rep. No. 111, 2005
s. 24 ...............................................rep. No. 134, 1978
s. 25 ..............................................am. No. 134, 1978; No. 136, 1992; No. 80, 1994
rep. No. 111, 2005
s. 26 ..............................................am. No. 54, 1983; No. 122, 1991; No. 136, 1992; No. 80, 1994; Nos. 152
and 159, 1997; No. 156, 1999
rep. No. 111, 2005
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Endnotes
Endnote 4—Amendment history
Human Services (Medicare) Act 1973 79
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
Provision affected How affected
s. 27 ..............................................am. No. 136, 1992
rs. No. 80, 1994
rep. No. 111, 2005
s. 28 ..............................................rs. No. 134, 1978
rep. No. 111, 2005
s. 28A ............................................ad. No. 134, 1978
am. No. 115, 1983; No. 75, 1988; No. 94, 1992
rep. No. 111, 2005
s. 29 ..............................................am. No. 63, 1984; No. 80, 1994
rep. No. 111, 2005
s. 30 ..............................................rep. No. 65, 1985
s. 31 ..............................................rs. No. 134, 1978
rep. No. 94, 1992
s. 32 ..............................................rep. No. 111, 2005
Part V ............................................rep. No. 111, 2005
s. 32A.............................................ad. No. 159, 1997
am. No. 71, 2002
rep. No. 111, 2005
Heading to s. 33 .............................rs. No. 159, 1997
rep. No. 111, 2005
s. 33 ..............................................am. No. 36, 1978
rs. No. 134, 1978
am. No. 54, 1983; No. 80, 1994; No. 159, 1997; No. 83, 1999; No. 71,
2002
rep. No. 111, 2005
s. 33A.............................................ad. No. 159, 1997
rep. No. 71, 2002
Heading to s. 34 .............................rs. No. 159, 1997
rep. No. 71, 2002
s. 34 ..............................................rs. No. 100, 1976
rep. No. 134, 1978
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Endnotes
Endnote 4—Amendment history
80 Human Services (Medicare) Act 1973
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
Provision affected How affected
ad. No. 54, 1983
am. No. 152, 1997
rep. No. 71, 2002
s. 34AAA ......................................ad. No. 80, 1994
am. No. 152, 1997
rep. No. 83, 1999
s. 34A ............................................ad. No. 100, 1976
am. No. 134, 1978; No. 54, 1983
rep. No. 159, 1997
ss. 34B, 34C...................................ad. No. 54, 1983
rs. No. 80, 1994
rep. No. 159, 1997
s. 35 ..............................................rs. No. 100, 1976; No. 134, 1978; No. 54, 1983; No. 80, 1994
am. Nos. 152 and 159, 1997
rep. No. 159, 1997
s. 36 ..............................................rs. No. 100, 1976
am. No. 134, 1978; No. 54, 1983; No. 75, 1986; No. 80, 1994; Nos. 152
and 159, 1997; No. 83, 1999
rs. No. 71, 2002
am. No. 8, 2005
rep. No. 111, 2005
s. 36AA .........................................ad. No. 149, 1995
am. No. 159, 1997
rep. No. 71, 2002
s. 36A ............................................ad. No. 100, 1976
am. No. 36, 1978; No. 54, 1983
rep. No. 159, 1997
ad. No. 71, 2002
rep. No. 111, 2005
s. 37 ..............................................am. No. 134, 1978; No. 159, 1997
rep. No. 111, 2005
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Endnotes
Endnote 4—Amendment history
Human Services (Medicare) Act 1973 81
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
Provision affected How affected
s. 38 ..............................................am. No. 100, 1976
rs. No. 134, 1978
am. No. 159, 1997; No. 19, 1998; No. 71, 2002
rep. No. 111, 2005
s. 39 ..............................................rs. No. 134, 1978
am. Nos. 121 and 159, 1997
rep. No. 111, 2005
s. 40 ..............................................rs. No. 100, 1976
am. No. 134, 1978
rep. No. 152, 1997
s. 41 ..............................................am. No. 80, 1994
rep. No. 152, 1997
Part VI
s. 41A ............................................ad. No. 54, 1983
am. No. 80, 1994; No. 159, 1997
rep. No. 111, 2005
s. 41B ............................................ad. No. 54, 1983
am. No. 132, 1995
rep. No. 159, 1997
s. 41C ............................................ad. No. 54, 1983
am. No. 80, 1994; No. 111, 2001; No. 148, 2003; No. 111, 2005; No. 32,
2011; No 111, 2013; No 4, 2016; No 61, 2016
s 41CA...........................................ad No 111, 2013
s. 41D ............................................ad. No. 54, 1983
s. 41E ............................................ad. No. 54, 1983
am. No. 111, 2005
s. 41F ............................................ad. No. 111, 2005
am. No. 32, 2011
s. 41G.............................................ad. No. 32, 2011
am No 76, 2013
Heading to s. 42 ............................rs. No. 111, 2005; No. 136, 2012
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Endnotes
Endnote 4—Amendment history
82 Human Services (Medicare) Act 1973
Compilation No. 45 Compilation date: 21/10/16 Registered: 26/10/16
Provision affected How affected
s. 42 ..............................................rs. No. 100, 1976
am. Nos. 36 and 134, 1978; No. 54, 1983; Nos. 80 and 85, 1994
rs. No. 152, 1997
am. No. 159, 1997; No. 133, 2002; Nos. 17 and 77, 2004; Nos. 111 and
126, 2005; No. 29, 2010; No. 32, 2011
s. 43 ..............................................am. No 80, 1994
rep. No. 152, 1997
ad. No. 32, 2011
s 43A..............................................ad No 32, 2011
am No 139, 2015
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