This compilation was prepared on 1 December 2010 taking into account amendments up to Act No. 126 of 2010
The text of any of those amendments not in force on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra
Part I—Preliminary
1 | Short title [see Note 1].......................................................................1 |
2 | Commencement [see Note 1].............................................................1 |
3 | Definitions.........................................................................................1 |
3A | Definitions of relevant offence ..........................................................3 |
3B | Application of the Criminal Code .....................................................5 |
Part II—Establishment of Medicare Australia 6 4 Establishment of Medicare Australia.................................................6 4A Function of Medicare Australia.........................................................6
Part IIA—The Chief Executive Officer 7
Division 1—Powers and functions of Chief Executive Officer 7 5 Functions of Chief Executive Officer................................................7 6 Chief Executive Officer’s medicare functions...................................7 7 Chief Executive Officer’sservice deliveryfunctions........................7 7A Agreements about exercise and performance of Chief
Executive Officer’s powers and functions.........................................8 8 Ministerial directions about exercise and performance of
Chief Executive Officer’s powers and functions...............................9 8AA Minister may request information......................................................9 8AB Management of Medicare Australia ................................................10 8AC Delegation .......................................................................................10 8AD Commonwealth consent to conferral of powers etc. on Chief
Executive Officer by State and Territory laws.................................10 8AE How duty is imposed on Chief Executive Officer by State and Territory laws............................................................................11 8AF When State and Territory laws impose a duty on Chief Executive Officer.............................................................................12
Division 2—Appointment etc. of Chief Executive Officer 13 8AG Appointment....................................................................................13 8AH Remuneration ..................................................................................13 8AI Leave ofabsence.............................................................................13 8AJ Other terms and conditions..............................................................13 8AK Termination of appointment............................................................14 8AL Acting Chief Executive Officer.......................................................14 8AM Resignation......................................................................................15
Part IID—Investigative powers of Chief Executive Officer 16
Division 1—Preliminary 16 8K Crown to be bound ..........................................................................16 8L Authorisation to exercise powers under this Part.............................16
8M Authorised officers..........................................................................16 8N Identity cards...................................................................................16
Division 2—General power to obtain information 18 8P Chief Executive Officer may obtain information etc.......................18 8Q Content of notices............................................................................19 8R Offences ..........................................................................................19 8S Self-incrimination............................................................................20 8T Exemption .......................................................................................20
Division 3—Searches in relation to possible relevant offences and relevant civil contraventions 21 8U Authorised officers may conduct searches for the purpose of
monitoring compliance....................................................................21
8V Powers on entering premises...........................................................22
8W Authorised officers to produce evidenceof identity........................23
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...............................................................................................25
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 ..............................29 8ZG Use of electronic equipment atpremises.........................................30 8ZH Compensation for damage to electronic equipment.........................32 8ZI Seizure of things not covered by warrants.......................................32 8ZJ Occupier entitled to observe search.................................................33 8ZK Receipts for things seized under warrant.........................................33 8ZL Copies of seized things to beprovided............................................33 8ZM Retention of things seized................................................................34
Division 6—Miscellaneous 35 8ZN Patients to be advised of search, seizure etc. of clinical
records .............................................................................................35 8ZO Offence for making false statements in warrants.............................35 8ZP Offences relating to telephone warrants ..........................................35 8ZQ Actions under this Part taken to be in performance of certain
functions..........................................................................................36
Part III—Staff of Medicare Australia 37
20 Staff.................................................................................................37
21 Consultants......................................................................................37
Part VI—Miscellaneous 38 41C Protection of names and symbols....................................................38 41D Forfeiture of articles etc...................................................................41 41E Sections 41C and 41D not to limit other laws .................................41 41F Chief Executive Officermay charge for services............................41 42 Chief Executive Officer’s annual report..........................................41 44 Regulations......................................................................................42
Notes 43
An Act to establish Medicare Australia, and for related purposes
1 Short title [see Note 1]
This Act may be cited as the Medicare Australia Act 1973.
2 Commencement [see Note 1]
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:
authorised officer, in relation to a provision of this Act, means the Chief Executive Officer or an employee who is appointed by the Chief Executive Officer under section 8M to be an authorised officer for the purposes of that provision.
benefit includes:
Chief Executive Officer means the Chief Executive Officer appointed under section 8AG.
Commonwealth authority means:
Commonwealth service means a service, benefit, program or facility for some or all members of the public that is provided for by the Commonwealth, whether under a law of the Commonwealth or otherwise.
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.
dental benefit has the same meaning as in the Dental Benefits Act 2008.
employee means a member of the staff of Medicare Australia referred to in subsection 20(1).
evidential material means a thing relevant to a relevant offence or relevant civil contravention, including such a thing in an electronic form.
medicare benefit means a medicare benefit under Part II of the Health Insurance Act 1973.
medicare functions, in relation to the Chief Executive Officer, has the meaning given by section 6.
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:
pharmaceutical benefit means a pharmaceutical benefit as defined in Part VII of the National Health Act 1953.
premises includes a place and a conveyance.
principal officer means:
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.
seize includes secure against interference.
service arrangements means arrangements entered into under subsection 7(2).
service delivery functions, in relation to the Chief Executive Officer, 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:
(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:
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
(iii) a Commonwealth contribution (within the meaning of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010).
(2A) For the purposes of Division 3 of Part IID, a relevant offence is:
(cb) an offence against section 50, 51, 52, 53 or 54 of the Dental Benefits Act 2008; 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.
3B Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
4 Establishment of Medicare Australia
4A Function of Medicare Australia
The function of Medicare Australia is to assist the Chief Executive Officer in the performance of the Chief Executive Officer’s functions.
Section 5
5 Functions of Chief Executive Officer
6 Chief Executive Officer’s medicare functions
The Chief Executive Officer’s medicare functions are the functions conferred on the Chief Executive Officer by or under the Health Insurance Act 1973.
7 Chief Executive Officer’s service delivery functions
Section 7A
arrangement, subject to the conditions specified in the arrangement.
7A Agreements about exercise and performance of Chief Executive Officer’s powers and functions
The Chief Executive Officer may enter into a written agreement with a Minister or the principal officer of a Commonwealth Section 8
authority about the exercise or performance of the Chief Executive Officer’s powers or functions.
8 Ministerial directions about exercise and performance of Chief Executive Officer’s powers and functions
Note: See also section 19 of the Public Service Act 1999 which provides that an Agency Head is not subject to direction by any Minister in relation to the exercise of powers by the Agency Head under Division 1 or 2 of Part 4 of that Act in relation to particular individuals.
8AA Minister may request information
(1) The Minister may, by writing, request the Chief Executive Officer to give the Minister information about:
Section 8AB
8AB Management of Medicare Australia
The Chief Executive Officer is, under the Minister, responsible for:
8AC Delegation
8AD Commonwealth consent to conferral of powers etc. on Chief Executive Officer by State and Territory laws
(1) A law of a State or Territory may confer powers or functions, or impose duties, on the Chief Executive Officer.
Note: Section 8AF sets out when such a law imposes a duty on the Chief Executive Officer.
Section 8AE
8AE How duty is imposed on Chief Executive Officer 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 Officer.
Note: Section 8AF sets out when such a law imposes a duty on the Chief Executive Officer.
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:
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), Section 8AF
the duty is taken to be imposed by this Act to the extent necessary to ensure that validity.
8AF When State and Territory laws impose a duty on Chief Executive Officer
For the purposes of sections 8AD and 8AE, a law of a State or Territory imposes a duty on the Chief Executive Officer if:
Section 8AG
8AG Appointment
8AH Remuneration
8AI Leave of absence
8AJ Other terms and conditions
The Chief Executive Officer holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister in writing.
Section 8AK
8AK Termination of appointment
8AL Acting Chief Executive Officer
(a) the occasion for the appointment had not arisen; or
Section 8AM
8AM Resignation
The Chief Executive Officer may resign by giving the Minister a written resignation.
Section 8K
8K Crown to be bound
8L Authorisation to exercise powers under this Part
8M Authorised officers
The Chief Executive Officer may, by signed instrument, appoint an employee to be an authorised officer for the purposes of exercising:
8N Identity cards
Section 8N
Penalty: 1 penalty unit.
Note: Under subsection 4D(1) of the Crimes Act 1914, this penalty is only a maximum penalty for the offence.
Note: For strict liability, see section 6.1 of the Criminal Code.
Section 8P
8P Chief Executive Officer may obtain information etc.
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:
Section 8Q
8Q Content of notices
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.
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 Section 8S
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.
8S Self-incrimination
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).
Investigative powers of Chief Executive Officer Part IID Searches in relation to possible relevant offences and relevant civil contraventions
Division 3
Section 8U
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:
ascertaining whether the relevant offence or relevant civil contravention has been or is being committed.
Part IID Investigative powers of Chief Executive Officer Division 3 Searches in relation to possible relevant offences and relevant civil contraventions
Section 8V
(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 Officer under subsection 8L(1).
8V Powers on entering premises
Investigative powers of Chief Executive Officer Part IID Searches in relation to possible relevant offences and relevant civil contraventions
Division 3
Section 8W
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):
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
Section 8X
8X Relevant offence and relevant civil contravention related searches and seizures
8Y Search warrants
(1) If:
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:
Section 8Z
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.
Section 8ZA
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
Section 8ZA
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.
Section 8ZB
8ZB Announcement before entry
8ZC Availability of assistance and use of force in executing a warrant
In executing a warrant:
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.
8ZE Specific powers available to officers executing warrants
(1) In executing a warrant, the authorised officer or an officer assisting may:
take photographs (including video recordings) of the premises or of things at the premises.
8ZF Use of equipment to examine or process things
Section 8ZG
the things may be moved to another place so that the examination or processing can be carried out in order to determine whether they are things that may be seized under the warrant.
8ZG Use of electronic equipment at premises
(i) is brought to the premises; or Section 8ZG
(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;
operate the equipment or other facilities to copy the material to the storage device and take the storage device from the premises.
he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.
Section 8ZH
(9) Division 4 applies, with such modifications as are necessary, to issuing an extension.
8ZH Compensation for damage to electronic equipment
(1) If:
the equipment; compensation for the damage is payable to the owner of the equipment.
8ZI Seizure of things not covered by warrants
If:
Section 8ZJ
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
8ZK Receipts for things seized under warrant
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:
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.
Section 8ZM
(2) Subsection (1) does not apply if the thing that has been seized was seized under paragraph 8ZG(2)(b) or (c).
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 Officer must return it if:
(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 Officer 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 Officer thinks fit.
Section 8ZN
8ZN Patients to be advised of search, seizure etc. of clinical records
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.
8ZP Offences relating to telephone warrants
A person must not:
(i) has not been approved by a magistrate under that section; or Section 8ZQ
(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
20 Staff
21 Consultants
41C Protection of names and symbols
(1) A person who:
is guilty of an offence against this section.
(2) Where the name “medicare” or “Medicare Australia” or a prescribed symbol:
then:
is guilty of an offence against this section.
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.
41F Chief Executive Officer may charge for services
The Chief Executive Officer may charge fees for services he or she provides in connection with the performance of his or her functions.
42 Chief Executive Officer’s annual report
(1A) The Chief Executive Officer must, as soon as practicable after the end of each financial year, prepare and give the Minister a report on:
(a) the Medical Indemnity Act 2002;
(aa) the Medical Indemnity (Competitive Advantage Payment) Act 2005;
(3) The Minister must cause a copy of each report under this section to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.
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.
Table of Acts
The Medicare Australia Act 1973 as shown in this compilation comprises Act No. 41, 1974 amended as indicated in the Tables below.
The amendments made by Schedule 1 (items 48–50) of the Health Insurance Commission (Reform and Separation of Functions) Act 1997 (No. 159, 1997) have no effect. [see Table A, Schedule 1 (item 73)].
All relevant information pertaining to application, saving or transitional provisions prior to 11 November 1997 is not included in this compilation. For subsequent information see Table A.
Table of Acts
Act | Number and year | Date of Assent | Date of commencement | Application, saving or |
transitional | ||||
provisions | ||||
Health Insurance Commission Act 1973 | 41, 1974 | 8 Aug 1974 | 8 Aug 1974 | |
Health Insurance | 61, 1976 | 5 June 1976 | 5 June 1976 | — |
Commission Amendment | ||||
Act 1976 | ||||
Administrative Changes (Consequential Provisions) Act 1976 | 91, 1976 | 20 Sept 1976 | S. 3: (a) | S. 4 |
Health Insurance Commission Amendment | 100, 1976 | 29 Sept 1976 | S. 6: Royal Assent | — |
Act (No. 2) 1976 | 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 | 134, 1978 | 31 Oct 1978 | 1 Nov 1978 | Ss. 30–36 |
Commission Amendment | ||||
Act 1978 | ||||
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 |
Table of Acts
Act | Number | Date | Date of | Application, |
and year | of Assent | commencement | saving or | |
transitional | ||||
provisions | ||||
Health Legislation | 54, 1983 | 1 Oct 1983 | Ss. 1–3, 4(1), | Ss. 67(2), |
Amendment Act 1983 | 31(1), 32(4)–(8), | 74(2), 83(3), | ||
39, 45, 64–67, | 84(2), 87, | |||
70–82, 83(1), | 135 and 136 | |||
85–88, 89(2), | ||||
95–99, 115(1), | ||||
119(1), 120(1), | ||||
123, 124, 126, | ||||
128 and 129: | ||||
Royal Assent | ||||
Remainder: 1 | ||||
Feb 1984 | ||||
Conciliation and Arbitration | 115, 1983 | 16 Dec 1983 | S. 41: 1 June | — |
Amendment Act (No. 2) | 1984 (see | |||
1983 | Gazette 1984, | |||
No. S201) (b) | ||||
Public Service Reform Act | 63, 1984 | 25 June 1984 | S. 151(1): 1 July | S. 151(9) |
1984 | 1984 (see | |||
Gazette 1984, | ||||
No. S245) (c) | ||||
Statute Law (Miscellaneous | 65, 1985 | 5 June 1985 | S. 3: 3 July 1985 | — |
Provisions) Act (No. 1) | (d) | |||
1985 | ||||
Health Legislation | 167, 1985 | 16 Dec 1985 | Ss. 1–25, 26(2), | Ss. 65 and |
Amendment Act (No. 2) | 27, 37, 38, 42, | 66 | ||
1985 | 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) | ||||
Health Legislation | 75, 1986 | 24 June 1986 | Part III (ss. 55, | — |
Amendment Act 1986 | 56): 22 July 1986 | |||
(e) | ||||
Commonwealth Employees’ | 75, 1988 | 24 June 1988 | Ss. 1 and 2: | — |
Rehabilitation and | Royal Assent | |||
Compensation Act 1988 | 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) |
Table of Acts
Act | Number | Date | Date of | Application, |
and year | of Assent | commencement | saving or | |
transitional | ||||
provisions | ||||
Statutory Instruments | 99, 1988 | 2 Dec 1988 | 2 Dec 1988 | — |
(Tabling and | ||||
Disallowance) Legislation | ||||
Amendment Act 1988 | ||||
Health Legislation | 119, 1991 | 27 June 1991 | S. 3: Royal | — |
(Pharmaceutical Benefits) | Assent (f) | |||
Amendment Act 1991 | 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 | 122, 1991 | 27 June 1991 | Ss. 4(1), 10(b) | S. 31(2) |
Legislation Amendment | and 15–20: 1 Dec | |||
Act 1991 | 1988 | |||
Ss. 28(b)–(e), 30 | ||||
and 31: 10 Dec | ||||
1991 (see | ||||
Gazette 1991, | ||||
No. S332) | ||||
Remainder: | ||||
Royal Assent | ||||
Superannuation Legislation | 94, 1992 | 30 June 1992 | S. 3: 1 July 1990 | — |
(Consequential | Remainder: | |||
Amendments and | Royal Assent | |||
Transitional Provisions) | ||||
Act 1992 | ||||
Health and Community | 136, 1992 | 11 Nov 1992 | Ss. 38, 39(a), 41, | S. 24 |
Services Legislation | 43, 44(d) and 49: | |||
Amendment Act 1992 | 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 | ||||
Health Insurance | 29, 1993 | 9 June 1993 | 9 June 1993 | — |
Commission Amendment | ||||
Act 1993 | ||||
Human Services and Health | 80, 1994 | 23 June 1994 | Part 3 (ss. 6–12): | S. 12 |
Legislation Amendment | 9 June 1993 (g) | |||
Act 1994 | S. 13: Royal | |||
Assent (g) | ||||
Health Legislation (Powers | 85, 1994 | 23 June 1994 | 21 July 1994 | S. 2 (rep. by |
of Investigation) | 19, 1996, | |||
Amendment Act 1994 | Sch. 1 | |||
[item 1]) |
Table of Acts
Act | Number | Date | Date of | Application, |
and year | of Assent | commencement | saving or | |
transitional | ||||
provisions | ||||
as amended by | ||||
Health Legislation | 19, 1996 | 28 June 1996 | 28 June 1996 | — |
(Powers of | ||||
Investigation) | ||||
Amendment Act 1996 | ||||
Health Legislation (Private | 41, 1995 | 29 May 1995 | S. 5(2): 1 Oct | — |
Health Insurance Reform) | 1995 (h) | |||
Amendment Act 1995 | ||||
Health and Other Services | 132, 1995 | 14 Nov 1995 | 1 Feb 1996 (see | — |
(Compensation) | s. 2 and Gazette | |||
(Consequential | 1996, No. GN2) | |||
Amendments) Act 1995 | ||||
Human Services and Health | 149, 1995 | 16 Dec 1995 | Schedule 1 | Sch. 1 |
Legislation Amendment | (items 62–68) | (item 68) | ||
Act (No. 3) 1995 | and Schedule 2 | (rep. by 19, | ||
(item 15): Royal | 1996, Sch. 1 | |||
Assent (i) | [item 2]) | |||
as amended by | ||||
Health Legislation | 19, 1996 | 28 June 1996 | 28 June 1996 | — |
(Powers of | ||||
Investigation) | ||||
Amendment Act 1996 | ||||
Statute Law Revision Act | 43, 1996 | 25 Oct 1996 | Schedule 4 | — |
1996 | (item 86): Royal | |||
Assent (j) | ||||
Health Legislation | 45, 1997 | 22 Apr 1997 | 22 Apr 1997 | — |
Amendment (Private | ||||
Health Insurance | ||||
Incentives) Act 1997 | ||||
Tax Law Improvement Act | 121, 1997 | 8 July 1997 | Schedule 3 | — |
1997 | (item 70): (k) | |||
Audit (Transitional and | 152, 1997 | 24 Oct 1997 | Schedule 2 | — |
Miscellaneous) | (items 805–822): | |||
Amendment Act 1997 | 1 Jan 1998 (see | |||
Gazette 1997, | ||||
GN49) (l) | ||||
Health Insurance | 159, 1997 | 11 Nov 1997 | Schedule 1 | Sch. 1 |
Commission (Reform and | (items 1–34): | (items 31–34, | ||
Separation of Functions) | Royal Assent (m) | 73–80) [see | ||
Act 1997 | Schedule 1 | Table A] | ||
(items 39–80): 1 | ||||
Mar 1998 (see | ||||
Gazette 1998, | ||||
No. GN9) (m) | ||||
Schedule 1 | ||||
(item 81): 11 Nov | ||||
2002 (m) | ||||
Child Care Payments | 196, 1997 | 8 Dec 1997 | Schedule 1 | — |
(Consequential | (item 12): (n) | |||
Amendments and | Schedule 1 | |||
Transitional Provisions) | (items 13–16): (n) | |||
Act 1997 |
Table of Acts
Act | Number | Date | Date of | Application, |
and year | of Assent | commencement | saving or | |
transitional | ||||
provisions | ||||
as repealed by | ||||
A New Tax System | 82, 1999 | 8 July 1999 | Schedule 2 | — |
(Family Assistance) | (item 2): (na) | |||
(Consequential and | ||||
Related Measures) Act | ||||
(No. 1) 1999 | ||||
Health Legislation | 19, 1998 | 17 Apr 1998 | Schedule 1 | — |
Amendment Act 1998 | (item 1): Royal | |||
Assent (o) | ||||
A New Tax System (Family | 83, 1999 | 8 July 1999 | Schedule 8 | — |
Assistance) | (items 1–6): | |||
(Consequential and | 1 July 2000 (p) | |||
Related Measures) Act | ||||
(No. 2) 1999 | ||||
Public Employment | 146, 1999 | 11 Nov 1999 | Schedule 1 | — |
(Consequential and | (items 509, 510): | |||
Transitional) Amendment | 5 Dec 1999 (see | |||
Act 1999 | Gazette 1999, | |||
No. S584) (q) | ||||
Corporate Law Economic | 156, 1999 | 24 Nov 1999 | Schedule 10 | — |
Reform Program Act 1999 | (items 86, 87): 13 | |||
Mar 2000 (see | ||||
Gazette 2000, | ||||
No. S114) (r) | ||||
Health Legislation | 159, 1999 | 8 Dec 1999 | Schedule 3 | — |
Amendment Act (No. 3) | (item 70): 1 Jan | |||
1999 | 1999 (s) | |||
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 | 137, 2000 | 24 Nov 2000 | Ss. 1–3 and | Sch. 2 |
(Theft, Fraud, Bribery and | Schedule 1 | (items 418, | ||
Related Offences) Act | (items 1, 4, 6, 7, | 419) [see | ||
2000 | 9–11, 32): Royal | Table A] | ||
Assent | ||||
Remainder: | ||||
24 May 2001 | ||||
Health and Aged Care | 111, 2001 | 17 Sept 2001 | 17 Sept 2001 | S. 4 [see |
Legislation Amendment | Table A] | |||
(Application of Criminal | ||||
Code) Act 2001 |
Table of Acts
Act | Number | Date | Date of | Application, |
and year | of Assent | commencement | saving or | |
transitional | ||||
provisions | ||||
Abolition of Compulsory Age | 159, 2001 | 1 Oct 2001 | 29 Oct 2001 | Sch. 1 |
Retirement (Statutory | (item 97) | |||
Officeholders) Act 2001 | [see Table | |||
A] | ||||
Health Insurance | 71, 2002 | 4 Sept 2002 | Ss. 1–3 and | Sch. 1 |
Commission Amendment | Schedule 1: | (item 4) [see | ||
Act 2002 | Royal Assent | Table A] | ||
Remainder: (t) | ||||
Medical Indemnity | 133, 2002 | 19 Dec 2002 | 1 Jan 2003 | — |
(Consequential | ||||
Amendments) Act 2002 | ||||
Designs (Consequential | 148, 2003 | 17 Dec 2003 | Schedules 1 and | — |
Amendments) Act 2003 | 2: (u) | |||
Remainder: | ||||
Royal Assent | ||||
Medical Indemnity | 17, 2004 | 23 Mar 2004 | 24 Mar 2004 | — |
Amendment Act 2004 | ||||
Health and Ageing | 50, 2004 | 21 Apr 2004 | Schedule 1 | — |
Legislation Amendment | (item 6): Royal | |||
Act 2004 | Assent | |||
Medical Indemnity | 77, 2004 | 23 June 2004 | Schedule 2 | — |
Legislation Amendment | (item 2): 1 July | |||
(Run-off Cover Indemnity | 2004 | |||
and Other Measures) Act | ||||
2004 | ||||
Financial Framework | 8, 2005 | 22 Feb 2005 | Schedule 2 | Sch. 2 |
Legislation Amendment | (items 124, 174): | (item 174) | ||
Act 2005 | Royal Assent | [see Table | ||
A] | ||||
Human Services Legislation | 111, 2005 | 6 Sept 2005 | Schedule 1 and | Sch. 2 |
Amendment Act 2005 | Schedule 2 | (items | ||
(items 1, 2): 1 | 714–727, | |||
Oct 2005 (see | 730, 731) | |||
F2005L02671) | [see Table | |||
Schedule 2 | A] | |||
(item 3): (v) | ||||
Schedule 2 | ||||
(items 4–29, | ||||
31–731): 1 Oct | ||||
2005 | ||||
Schedule 2 | ||||
(item 30): (v) | ||||
Remainder: | ||||
Royal Assent | ||||
Medical Indemnity | 126, 2005 | 19 Oct 2005 | Schedule 1 | — |
Legislation Amendment | (item 2): 1 July | |||
(Competitive Neutrality) | 2005 | |||
Act 2005 | ||||
Health Insurance | 88, 2007 | 21 June 2007 | Schedule 1: | — |
Amendment | 1 Mar 2008 | |||
(Inappropriate and | Remainder: | |||
Prohibited Practices and | Royal Assent | |||
Other Measures) Act 2007 |
Table of Acts
Act | Number | Date | Date of | Application, |
and year | of Assent | commencement | saving or transitional | |
provisions | ||||
Dental Benefits | 42, 2008 | 25 June 2008 | Schedule 1 | — |
(Consequential Amendments) Act 2008 | (items 6–17): 26 June 2008 (see s. 2(1)) | |||
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 | 126, 2010 | 23 Nov 2010 | Schedule 6 | — |
(Pharmaceutical Benefits Scheme) Act 2010 | (item 29): 1 Dec 2010 |
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
Act Notes
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 Medicare Australia 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.
(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
Provision(s) | Commencement | Date/Details |
---|---|---|
3. Schedule 2 | The later of: | 11 November 2002 |
(b) immediately after item 81 of Schedule 1 to the | ||
Health Insurance Commission (Reform and |
Separation of Functions) Act 1997 commences
(u) Subsection 2(1) (item 2) of the Designs (Consequential Amendments) Act 2003 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.
Provision(s) Commencement Date/Details
2. Schedules 1 and Immediately after the commencement of section 4 17 June 2004 2 of the Designs Act 2003.
(v) Subsection 2(1) (items 3, 4, 6 and 7) of the Human Services Legislation Amendment Act 2005 provide as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Act Notes
3. Schedule 2, items 1 and 2
A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.
1 October 2005 (see F2005L02671)
4. Schedule 2, | Immediately after the commencement of the | 1 October 2005 |
item 3 | provision(s) covered by table item 3. | |
6. Schedule 2, | Immediately after the commencement of the | 1 October 2005 |
item 30 | provision(s) covered by table item 7. | |
7. Schedule 2, | At the same time as the provision(s) covered by | 1 October 2005 |
items 31 to 731 | table item 3. |
Table of Amendments
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Title .......................................... rs. No. 111, 2005
Part I
S. 1 ........................................... am. No. 111, 2005
S. 3 ........................................... am. Nos. 91 and 100, 1976; No. 134, 1978; No. 54, 1983; No. 136, 1992; Nos. 80 and 85, 1994; No. 149, 1995; No. 159, 1997; Nos. 83 and 146, 1999; No. 71, 2002; No. 50, 2003; No. 111, 2005; No. 88, 2007; No. 42, 2008; No. 126, 2010
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
Part II
Heading to Part II ..................... am. No. 134, 1978 rs. No. 111, 2005
S. 4 ........................................... rs. No. 111, 2005
S. 4A ........................................ ad. No. 111, 2005
Part IIA
Heading to Part IIA ................... ad. No. 111, 2005
Division 1
Heading to Div. 1 of Part IIA ..... ad. No. 111, 2005 Heading to s. 5 ......................... am. No. 111, 2005
S. 5 ........................................... am. No. 100, 1976 rep. No. 134, 1978 ad. No. 54, 1983 rs. No. 159, 1997 am. No. 111, 2005
S. 6 ........................................... am. No. 100, 1976
rep. No. 134, 1978
ad. No. 159, 1997
rs. No. 111, 2005
Heading to s. 7 ......................... am. No. 111, 2005
S. 7 ........................................... rep. No. 134, 1978 ad. No. 159, 1997 am. No. 111, 2005
S. 7A ........................................ ad. No. 111, 2005
S. 8 ........................................... rs. No. 100, 1976
rep. No. 134, 1978
ad. No. 159, 1997
rs. No. 111, 2005
Ss. 8AA, 8AB ............................ ad. No. 159, 1997 rs. No. 111, 2005
Ss. 8AC–8AF ........................... ad. No. 111, 2005
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Division 2
Div. 2 of Part IIA ....................... ad. No. 111, 2005
Ss. 8AG–8AM .......................... ad. No. 111, 2005
Part IIA ...................................... ad. No. 61, 1976 rep. No. 100, 1976
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
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
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
Table of Amendments
ad. = added or inserted | am. = amended rep. = repealed | rs. = repealed and |
substituted | ||
Provision affected | How affected |
Heading to Part IIC ................... am. No. 85, 1994 rep. No. 111, 2005
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 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
S. 8N ......................................... ad. No. 85, 1994 am. No. 111, 2001; No. 111, 2005
Division 2
Heading to s. 8P ....................... am. No. 111, 2005
S. 8P ......................................... ad. No. 85, 1994 am. No. 111, 2005; No. 88, 2007; No. 42, 2008
S. 8Q ......................................... ad. No. 85, 1994 am. No. 111, 2005
S. 8R ......................................... ad. No. 85, 1994 am. No. 111, 2001
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................... rs. No. 88, 2007 Part IID
S. 8U ......................................... ad. No. 85, 1994 am. No. 111, 2005; No. 88, 2007; No. 42, 2008
S. 8V ......................................... ad. No. 85, 1994 am. No. 88, 2007
S. 8W ........................................ ad. No. 85, 1994
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
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
Ss. 8Z, 8ZA ............................... ad. No. 85, 1994
Division 5
Ss. 8ZB–8ZH............................. ad. No. 85, 1994
S. 8ZI......................................... ad. No. 85, 1994 am. No. 88, 2007
Ss. 8ZJ–8ZL.............................. ad. No. 85, 1994
S. 8ZM ...................................... ad. No. 85, 1994 am. No. 149, 1995; No. 111, 2005
Division 6
S. 8ZN ...................................... ad. No. 85, 1994 am. No. 111, 2005
Ss. 8ZO, 8ZP ........................... ad. No. 85, 1994
S. 8ZQ ...................................... ad. No. 85, 1994 am. No. 111, 2005
Part III
Part III ....................................... rs. No. 111, 2005
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 am. No. 80, 1994 rep. No. 152, 1997
S. 16.......................................... rep. No. 111, 2005
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
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
Heading to Part IV..................... am. No. 136, 1992 rep. No. 111, 2005
Part IV ...................................... rep. No. 111, 2005
S. 20 ......................................... rs. No. 136, 1992; No. 111, 2005
S. 21 ......................................... am. No. 136, 1992; No. 80, 1994; No. 159, 2001 rs. 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
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
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
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
S. 34 .........................................
S. 34AAA ..................................
S. 34A ......................................
rep. No. 71, 2002
rs. No. 100, 1976 rep. No. 134, 1978 ad. No. 54, 1983 am. No. 152, 1997 rep. No. 71, 2002
ad. No. 80, 1994 am. No. 152, 1997 rep. No. 83, 1999
ad. No. 100, 1976 am. No. 134, 1978; No. 54, 1983 rep. No. 159, 1997
Ss. 34B, 34C ............................. ad. No. 54, 1983
S. 35 .........................................
S. 36 .........................................
S. 36AA ....................................
S. 36A ......................................
S. 37 .........................................
S. 38 .........................................
rs. No. 80, 1994 rep. No. 159, 1997
rs. No. 100, 1976; No. 134, 1978; No. 54, 1983; No. 80, 1994 am. Nos. 152 and 159, 1997 rep. No. 159, 1997
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
ad. No. 149, 1995 am. No. 159, 1997 rep. No. 71, 2002
ad. No. 100, 1976 am. No. 36, 1978; No. 54, 1983 rep. No. 159, 1997 ad. No. 71, 2002 rep. No. 111, 2005
am. No. 134, 1978; No. 159, 1997 rep. No. 111, 2005
am. No. 100, 1976 rs. No. 134, 1978 am. No. 159, 1997; No. 19, 1998; No. 71, 2002 rep. No. 111, 2005
Table of Amendments
ad. = added or inserted | am. = amended rep. = repealed | rs. = repealed and |
substituted | ||
Provision affected | How affected |
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
Heading to s. 41C .................... rs. No. 111, 2005
S. 41C ...................................... ad. No. 54, 1983
am. No. 80, 1994; No. 111, 2001; No. 148, 2003; No. 111, 2005
S. 41D ...................................... ad. No. 54, 1983
S. 41E ...................................... ad. No. 54, 1983 am. No. 111, 2005
S. 41F ....................................... ad. No. 111, 2005
Heading to s. 42 ....................... rs. No. 111, 2005
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
S. 43 ......................................... am. No 80, 1994 rep. No. 152, 1997
Table A
Health Insurance Commission (Reform and Separation of Functions) Act 1997
(No. 159, 1997)
31 Transitional—power of Commission to form companies
The amendment of section 8G of the Health Insurance Commission Act 1973 made by this Schedule is to be disregarded in determining the powers that the Commission had before the commencement of this item.
32 Transitional—Ministerial directions
A direction that was in force immediately before the commencement of this item under subsection 8J(1) of the Health Insurance Commission Act 1973 has effect after the commencement of this item as if it had been given under the corresponding provision of that Act as amended by this Schedule.
33 Transitional—appointment of part-time Commissioners
(1) If a part-time Commissioner held office under paragraph 10(1)(c) of the Health Insurance Commission Act 1973 immediately before the commencement of this item because of a particular instrument of appointment (the original instrument of appointment), the Health Insurance Commission Act 1973 has effect as if:
Table A
(2) Subsection 17(4) of the Health Insurance Commission Act 1973 does not apply to a part-time Commissioner who is taken to have been appointed under subitem (1).
34 Transitional—Chairperson and Managing Director
73 Transitional—section 35 of the Health Insurance Commission Act 1973
The following items have no effect if Schedule 2 to the Audit (Transitional and Miscellaneous) Amendment Act 1997 commences before the commencement of this item:
74 Transitional—subsections 36(6A) and (6C) of the Health Insurance Commission Act 1973
The amendments of subsections 36(6A) and (6C) of the Health Insurance Commission Act 1973 made by the Audit (Transitional and Miscellaneous) Amendment Act 1997 have no effect if those subsections are repealed by this Schedule before the commencement of Schedule 2 to the Audit (Transitional and Miscellaneous) Amendment Act 1997.
75 Transitional—insertion of subsection 36(6BA) of the
Health Insurance Commission Act 1973
The insertion of subsection 36(6BA) of the Health Insurance Commission Act 1973 by the Audit (Transitional and Miscellaneous) Amendment Act 1997 has no effect if subsection 36(6A) of the Health Insurance Commission Act 1973 is repealed by this Schedule before the commencement of Schedule 2 to the Audit (Transitional and Miscellaneous) Amendment Act 1997
76 Transitional—annual report of Commission
If the date of commencement of the repeals of paragraphs 42(a), (b) and
(c) of the Health Insurance Commission Act 1973 by this Schedule is not a 1 July, then, despite those repeals, section 42 of that Act continues to apply, in relation to a report for the financial year in which the fund-transfer day occurred, as if those repeals had not been made.
77 Transitional—amendment of paragraph 42(2)(d) of the
Health Insurance Commission Act 1973
The amendment of paragraph 42(2)(d) of the Health Insurance Commission Act 1973 made by this Schedule has no effect if Schedule 2 to the Audit (Transitional and Miscellaneous) Amendment Act 1997 commences before the commencement of this item.
78 Transitional—repeal of subsection 42(3) of the Health Insurance Commission Act 1973
The repeal of subsection 42(3) of the Health Insurance Commission Act 1973 by this Schedule has no effect if Schedule 2 to the Audit (Transitional and Miscellaneous) Amendment Act 1997 commences before the commencement of this item.
79 Transitional—annual report of Commission
If the date of commencement of the amendment of paragraph 42(2)(d) of the Health Insurance Commission Act 1973 made by this Schedule is not a 1 July, then, despite that amendment, subsection 42(2) of that Act continues to apply, in relation to a report for the financial year in which that commencement date occurred, as if that amendment had not been made.
80 Transitional—annual report of Commission
If the date of commencement of the repeal of subsection 42(3) of the Health Insurance Commission Act 1973 by this Schedule is not a 1 July, then, despite that repeal, subsection 42(3) of that Act continues to apply, in relation to a report for the financial year in which that commencement date occurred, as if that repeal had not been made.
Table A
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)
Schedule 2
418 Transitional—pre-commencement offences
(1) Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:
as if the amendment or repeal had not been made.
(2) Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.
419 Transitional—pre-commencement notices
If:
the amendment of the first-mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.
Health and Aged Care Legislation Amendment (Application of Criminal Code) Act 2001 (No. 111, 2001)
4 Application of amendments
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001
(No. 159, 2001)
Schedule 1
97 Application of amendments
The amendments made by this Schedule do not apply to an appointment if the term of the appointment began before the commencement of this item.
Health Insurance Commission Amendment Act 2002 (No. 71, 2002)
Schedule 1
4 Transitional—budget estimates
The requirement to prepare budget estimates for the Health Insurance Commission for a financial year in accordance with section 14 of the Commonwealth Authorities and Companies Act 1997, is taken to have been met if budget estimates have been prepared for that year in accordance with sections 33A and 34 of the Health Insurance Commission Act 1973 as in force before this item commences.
Table A
Financial Framework Legislation Amendment Act 2005 (No. 8, 2005)
Schedule 2
174 Saving provision—provisions that formerly referred to the Treasurer
(1) Any thing that:
continues to have effect after the commencing time as if it had been done by the Finance Minister under the affected provision.
(2) In this item:
affected provision means a provision that is amended by an item in this Schedule so as to replace references to the Treasurer with references to the Finance Minister.
commencing time means the day this Act receives the Royal Assent.
Finance Minister means the Minister who administers the Financial Management and Accountability Act 1997.
Human Services Legislation Amendment Act 2005 (No. 111, 2005)
Schedule 2
714 Definitions
(1) In this Part:
amend includes repeal and remake.
asset means:
but does not include a right, power, privilege or immunity conferred by an Act or by regulations or other subordinate legislation made under an Act.
Table A
CEO means the Chief Executive Officer of Medicare Australia.
commencement time means the time when this Part commences.
Commissioner means a Commissioner of HIC.
HeSA means Health eSignature Authority Pty Ltd (ACN 091 282 638).
HIC means the Health Insurance Commission established under the old law.
instrument:
liability means any liability, duty or obligation, whether actual, contingent or prospective, but does not include a liability, duty or obligation imposed by an Act or by regulations or other subordinate legislation made under an Act.
Managing Director means the Managing Director of HIC.
new law means the Medicare Australia Act 1973 as in force after the commencement time.
old law means the Health Insurance Commission Act 1973 as in force before the commencement time.
(2) In this Part, unless a contrary intention is expressed, a reference to a law (however described) is a reference to a law of the Commonwealth.
715 Managing Director to become CEO
The person who was the Managing Director immediately before the commencement time under the old law, becomes the CEO immediately after the commencement time and holds office as if he or she were appointed for the remainder of his or her term as Managing Director by the Minister under Division 2 of Part IIA of the new law immediately after the commencement time.
716 Operation of laws—things done by, or in relation to, HIC
(1) If, before the commencement time, a thing was done by, or in relation to, HIC, a Commissioner, the Managing Director or HeSA, then, for the purposes of the operation of any law after the commencement time, the thing is taken to have been done by, or in relation to, the CEO.
Table A
A determination under this subitem has effect accordingly.
717 References in instruments
(1) If:
the instrument has effect from the commencement time as if the reference to HIC, the Commissioner, the Managing Director or HeSA were a reference to the CEO.
(2) If:
Table A
the instrument has effect from the commencement time as if the reference to the officer of HIC were a reference to an employee of Medicare Australia.
(3) The Minister may, by writing, determine that subitem (1) or (2):
A determination under this subitem has effect accordingly.
718 Transfer of assets and liabilities to the Commonwealth
Transfer of assets and liabilities
(1) At the commencement time:
Table A
(2) At the commencement time:
Instruments relating to transferred assets and liabilities
(3) If:
the reference is to be read as a reference to the Commonwealth as necessary to give effect to subitems (1) and (2).
Proceedings relating to transferred assets and liabilities
(4) If, immediately before the commencement time, any proceedings:
were pending in any court or tribunal, then, from the commencement time, the Commonwealth is substituted for HIC or HeSA as a party to the proceedings.
719 Recording Commonwealth ownership of assets and liabilities
(1) This item applies if:
Table A
unless the contrary is established.
720 Appropriations
Transfer of appropriations
(1) If:
the reference to HIC is to be read from the commencement time as a reference to Medicare Australia.
Re-appropriation of money
(4) If an amount of money (the original amount) becomes an asset of the Commonwealth under item 718, an amount equal to the original amount
Table A
may be paid out of the Consolidated Revenue Fund, which is appropriated accordingly, for the purposes of Medicare Australia.
721 Transfer of staff
Long service leave
(1) If:
the previous employment must be taken into account in a similar manner for the purposes of calculating the staff member’s entitlement to long service leave as an employee of Medicare Australia.
Other staffing matters
Table A
(5) In this item:
staffing procedures includes procedures and policies related to recruitment, promotion, performance management, inefficiency, misconduct, forfeiture of position, fitness for duty, loss of essential qualifications, disciplinary action, reviews of or appeals against staffing decisions, transfers, redundancy, resignations, termination of employment, grievance processes and leave.
722 Transfer of records
At the commencement time, the records and documents of HIC and HeSA become the records and documents of the CEO.
723 Access by Commissioners to records
For the purposes of the operation of subsection 27L(4) of the Commonwealth Authorities and Companies Act 1997 in relation to the books of HIC, the reference in that subsection to a Commonwealth authority is to be read, after the commencement time, as a reference to the CEO.
724 Financial statements and other reporting requirements
Financial statements
(1) If:
the CEO must, within 3 months after the commencement time, provide the statements for so much of the period as occurs before the commencement time.
Other reporting requirements
(2) If:
the CEO must provide the report, as required, for so much of the period as occurs before the commencement time.
Table A
(3) If:
the CEO may meet the requirements in a single report for the period.
Outstanding reporting requirements
(4) If:
the CEO must provide the report as required.
725 Substitution of parties to proceedings
726 Exemption from stamp duty and other State or Territory taxes
No stamp duty or other tax is payable under a law of a State or Territory in respect of, or anything connected with:
727 Constitutional safety net—acquisition of property
(1) If:
(a) a provision of this Schedule would result in an acquisition of property; and
Table A
(b) the provision would not be valid, apart from this item, because a particular person has not been compensated;
the Commonwealth must pay that person:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
730 Delegation by Minister
731 Regulations
(1) The Governor-General may make regulations prescribing matters:
Table A
(2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.