HEALTH INSURANCE AMENDMENT (NEW ZEALAND OVERSEAS TRAINED DOCTORS) BILL 2010

i Health Insurance Amendment (New Zealand Overseas Trained Doctors) Bill 2009 No.

, 2009

Contents

1 Short

title

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2 Commencement

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3 Schedule(s)

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Schedule 1--Amendment of the Health Insurance Act 1973

Part 1--Amendments

Part 2--Application provisions

Health Insurance Amendment (New Zealand Overseas Trained Doctors) Bill 2009 No. ,

2009 1

A Bill for an Act to amend the Health Insurance Act

1973, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Health Insurance Amendment (New

Zealand Overseas Trained Doctors) Act 2009.

2 Commencement

(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.

2 Health Insurance Amendment (New Zealand Overseas Trained Doctors) Bill 2009

No. , 2009

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1

The later of:

(a) the day this Act receives the Royal

Assent; and

(b) 1 April 2010.

Note:

This table relates only to the provisions of this Act as originally

passed by both Houses of the Parliament and assented to. It will not be

expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Amendment of the Health Insurance Act 1973 Schedule 1

Amendments Part 1

Health Insurance Amendment (New Zealand Overseas Trained Doctors) Bill 2009 No. ,

2009 3

Schedule 1--Amendment of the Health

Insurance Act 1973

Part 1--Amendments

1 Subsection 19AB(1)

Omit "former overseas medical student", substitute "foreign graduate of

an accredited medical school".

2 Subparagraph 19AB(1)(f)(ii)

Omit "became a permanent Australian", substitute "first became a

medical practitioner".

3 Subsection 19AB(2)

Omit "former overseas medical student", substitute "foreign graduate of

an accredited medical school".

4 Subparagraph 19AB(2)(f)(ii)

Omit "became a permanent Australian", substitute "first became a

medical practitioner".

5 Subsection 19AB(7)

Insert:

accredited medical school means a medical school that is:

(a) accredited by the Australian Medical Council; and

(b) located in Australia or New Zealand.

6 Subsection 19AB(7)

Insert:

foreign graduate of an accredited medical school means a person:

(a) whose primary medical qualification was obtained from an

accredited medical school; and

(b) who was not one of the following when he or she first

enrolled at an accredited medical school:

(i) a permanent Australian;

(ii) a New Zealand citizen;

Schedule 1 Amendment of the Health Insurance Act 1973

Part 1 Amendments

4 Health Insurance Amendment (New Zealand Overseas Trained Doctors) Bill 2009

No. , 2009

(iii) a permanent resident of New Zealand.

7 Subsection 19AB(7) (definition of former overseas medical

student)

Repeal the definition.

8 Subsection 19AB(7) (definition of overseas trained doctor)

Omit "a medical school located in Australia", substitute "an accredited

medical school".

9 Subsection 19AB(7) (definition of permanent Australian)

Omit "permanent resident", substitute "a holder of a permanent visa

(within the meaning of the Migration Act 1958)".

10 Subsection 19AB(7) (definition of permanent resident)

Repeal the definition.

11 After subsection 19AC(2)

Insert:

(2A) An application under subsection (1) must be made before the end

of the period of 90 days beginning on the day after the day on

which the exemption was refused.

12 After subsection 19AC(3)

Insert:

(3A) An application under subsection (3) must be made before the end

of the period of 90 days beginning on the day after the day on

which the condition or conditions were imposed.

Amendment of the Health Insurance Act 1973 Schedule 1

Application provisions Part 2

Health Insurance Amendment (New Zealand Overseas Trained Doctors) Bill 2009 No. ,

2009 5

Part 2--Application provisions

13 Definitions

In this Part:

exemption condition decision means a decision under subsection

19AB(4) of the Health Insurance Act 1973 to impose one or more

conditions on an exemption under subsection 19AB(3) of that Act.

exemption refusal decision means a refusal to grant an exemption

under subsection 19AB(3) of the Health Insurance Act 1973.

14 Application--amendment of section 19AB

Section 19AB of the Health Insurance Act 1973, as amended by this

Schedule, applies in relation to a service rendered on or after the

commencement of this item.

15 Application--exemption refusal decisions

(1)

Subject to subitem (2), subsection 19AC(2A) of the Health Insurance

Act 1973, as inserted by this Schedule, applies in relation to an

exemption refusal decision made on or after the commencement of this

item.

(2)

Subsection 19AC(2A) of the Health Insurance Act 1973, as inserted by

this Schedule, applies in relation to an exemption refusal decision made

before the commencement of this item as if the period of 90 days

referred to in that subsection began at that commencement.

16 Application--exemption condition decisions

(1)

Subject to subitem (2), subsection 19AC(3A) of the Health Insurance

Act 1973, as inserted by this Schedule, applies in relation to an

exemption condition decision made on or after the commencement of

this item.

(2)

Subsection 19AC(3A) of the Health Insurance Act 1973, as inserted by

this Schedule, applies in relation to an exemption condition decision

made before the commencement of this item as if the period of 90 days

referred to in that subsection began at that commencement.

Commonwealth of Australia Bills

HEALTH INSURANCE AMENDMENT (NEW ZEALAND OVERSEAS TRAINED DOCTORS) BILL 2010