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This is a Bill, not an Act. For current law, see the Acts databases.
HEALTH LEGISLATION AMENDMENT BILL 2005
2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Health Legislation Amendment Bill 2005
No. , 2005
(Health and Ageing)
A Bill for an Act to amend legislation relating to
health, and for related purposes
i Health Legislation Amendment Bill 2005 No. , 2005
Contents
1
Short title.......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................3
Schedule 1--Amendments relating to Australian Community
Pharmacy Authority
4
National Health Act 1953
4
Schedule 2--Amendments relating to dependants
5
National Health Act 1953
5
Schedule 3--Amendments relating to health services tables etc.
9
Health Insurance Act 1973
9
Health Legislation Amendment Bill 2005 No. , 2005 1
A Bill for an Act to amend legislation relating to
1
health, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Health Legislation Amendment Act
5
2005.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Health Legislation Amendment Bill 2005 No. , 2005
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 on which this Act receives the
Royal Assent.
2. Schedule 1
The day on which this Act receives the
Royal Assent.
3. Schedule 2,
items 1 to 7
The day after this Act receives the Royal
Assent.
4. Schedule 2,
items 8 to 11
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immediately after the commencement of
Schedule 1 to the National Health
Amendment (Prostheses) Act 2005.
5. Schedule 2,
items 12 to 21
The day after this Act receives the Royal
Assent.
6. Schedule 2,
items 22 to 25
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immediately after the commencement of
Schedule 1 to the National Health
Amendment (Prostheses) Act 2005.
7. Schedule 2,
items 26 to 33
The day after this Act receives the Royal
Assent.
8. Schedule 3
The day on which this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
passed by the Parliament and assented to. It will not be expanded to
2
deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
Health Legislation Amendment Bill 2005 No. , 2005 3
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Schedule 1 Amendments relating to Australian Community Pharmacy Authority
4 Health Legislation Amendment Bill 2005 No. , 2005
1
Schedule 1--Amendments relating to
2
Australian Community Pharmacy
3
Authority
4
5
National Health Act 1953
6
1 Subsection 90(3C)
7
Omit "31 December 2005", substitute "30 June 2006".
8
2 Section 99Y
9
Omit "31 December 2005", substitute "30 June 2006".
10
Amendments relating to dependants Schedule 2
Health Legislation Amendment Bill 2005 No. , 2005 5
1
Schedule 2--Amendments relating to
2
dependants
3
4
National Health Act 1953
5
1 Subsection 4(1) (definition of waiting period)
6
After "in relation to a contributor", insert ", or a dependant of a
7
contributor,".
8
2 Subsection 73AAI(2) (definition of health insurance
9
product)
10
Omit "members of", substitute "contributors, and dependants (if any) of
11
contributors, to".
12
3 Paragraph 73BD(1)(a)
13
After "subsection (3))", insert "or a dependant of an eligible
14
contributor".
15
4 Paragraph 73BD(2)(a)
16
After "health benefits fund", insert "or to their dependants (if any)".
17
5 Paragraph 73BD(2)(d)
18
After "in respect of whom", insert ", or in respect of whose dependant,".
19
6 Paragraph 73BD(2)(d)
20
After "the eligible contributor", insert "or dependant".
21
7 Paragraph 73BD(3)(b)
22
After "contributor, the person", insert "(or, if the episode of treatment
23
relates to the person's dependant, the dependant)".
24
8 Paragraph 73BDAAA(1)(c)
25
After "a contributor", insert ", or a dependant of a contributor,".
26
9 Paragraph 73BDAAA(1)(d)
27
Omit "terms on which the person", substitute "terms on which the
28
contributor".
29
Schedule 2 Amendments relating to dependants
6 Health Legislation Amendment Bill 2005 No. , 2005
10 Subsection 73BDAAA(4)
1
After "the contributor", insert "or dependant".
2
Note:
The heading to subsection 73BDAAA(4) is altered by inserting "or dependant" after
3
"Contributor".
4
11 Subsection 73BDAAA(5)
5
After "the contributor", insert "or dependant".
6
Note:
The heading to subsection 73BDAAA(5) is altered by inserting "or dependant's" after
7
"contributor's".
8
12 Paragraph 73BDAA(1)(c)
9
After "in respect of whom", insert ", or in respect of whose dependant,".
10
13 Paragraph 73BDAA(1)(c)
11
After "the eligible contributor", insert "or dependant".
12
14 Paragraph 73BDAA(2)(a)
13
After "subsection (4))", insert "or dependant of an eligible contributor".
14
15 Paragraph 73BDAA(4)(b)
15
After "contributor, the person", insert "(or, if the professional service is
16
rendered to the person's dependant, the dependant)".
17
16 At the end of paragraph 73BDA(1)(a)
18
After "subsection (4))", insert "or dependant of an eligible contributor".
19
17 Paragraph 73BDA(2)(b)
20
After "subsection (4))", insert "or dependant of an eligible contributor".
21
18 Paragraph 73BDA(2)(c)
22
After "in respect of whom", insert ", or in respect of whose dependant,".
23
19 Paragraph 73BDA(2)(c)
24
After "amounts that the eligible contributor", insert "or dependant".
25
20 Paragraph 73BDA(4)(b)
26
After "contributor, the person", insert "(or, if the professional service is
27
rendered to the person's dependant, the dependant)".
28
Amendments relating to dependants Schedule 2
Health Legislation Amendment Bill 2005 No. , 2005 7
21 Subparagraph 73BDB(d)(i)
1
Omit "eligible contributors", substitute "insured persons".
2
22 Subparagraph (1)(bl)(iv) of Schedule 1
3
After "a contributor", insert ", or a dependant of a contributor,".
4
23 Subparagraph (1)(bl)(v) of Schedule 1
5
Omit "terms on which the person", substitute "terms on which the
6
contributor".
7
24 Subparagraph (1)(bm)(ii) of Schedule 1 (table item 1)
8
After "the contributor's", insert "or dependant's".
9
25 Subparagraph (1)(bm)(ii) of Schedule 1 (table item 4)
10
After "the contributor's", insert "or dependant's".
11
26 Subparagraph (1)(hb)(i) of Schedule 1
12
After "the contributor", insert "or dependant of the contributor".
13
27 Subparagraph (1)(hb)(ii) of Schedule 1
14
After "the contributor", insert "or dependant of the contributor".
15
28 Subparagraph (1)(hb)(iii) of Schedule 1
16
After "the contributor", insert "or dependant of the contributor".
17
29 Paragraph (1)(hba) of Schedule 1
18
After "a contributor", insert ", or a dependant of a contributor,".
19
30 Paragraph (1)(hba) of Schedule 1
20
After "inform the contributor", insert "or dependant".
21
31 Paragraph (1)(hba) of Schedule 1
22
After "amounts that the contributor", insert "or dependant".
23
32 Paragraph (1)(l) of Schedule 1
24
After "waiting period for contributors", insert ", or dependants of
25
contributors,".
26
Schedule 2 Amendments relating to dependants
8 Health Legislation Amendment Bill 2005 No. , 2005
33 Paragraph (1)(l) of Schedule 1
1
After "those contributors", insert "and dependants".
2
Amendments relating to health services tables etc. Schedule 3
Health Legislation Amendment Bill 2005 No. , 2005 9
1
Schedule 3--Amendments relating to health
2
services tables etc.
3
4
Health Insurance Act 1973
5
1 At the end of subsection 4(1)
6
Add:
7
Note:
See also section 4BAA (conditional specification of services in table
8
items).
9
2 At the end of subsection 4AA(1)
10
Add:
11
Note:
See also section 4BAA (conditional specification of services in table
12
items).
13
3 At the end of subsection 4A(1)
14
Add:
15
Note:
See also section 4BAA (conditional specification of services in table
16
items).
17
4 After section 4B
18
Insert:
19
4BAA Conditional specification of services in table items
20
(1) The specification of a service in an item in a table prescribed under
21
section 4, 4AA or 4A may be:
22
(a) unconditional; or
23
(b) subject to such conditions, limitations or restrictions as are
24
specified in:
25
(i) the item; or
26
(ii) the rules for interpretation of the table.
27
(2) If there is such a condition, limitation or restriction, a service will
28
be regarded as a service specified in the item, or as a service to
29
which the item relates, only if the service falls within the condition,
30
limitation or restriction.
31
Schedule 3 Amendments relating to health services tables etc.
10 Health Legislation Amendment Bill 2005 No. , 2005
(3) This section applies to a table prescribed before or after the
1
commencement of this section.
2
(4) This section is enacted for the avoidance of doubt.
3
5 At the end of section 19A
4
Add:
5
(3) The Minister may, by legislative instrument, determine that
6
medicare benefits are not payable in respect of professional
7
services rendered in specified circumstances.
8
(4) Subsections (1) and (3) do not limit each other.
9
Note:
The heading to section 19A is altered by adding at the end "etc.".
10