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This is a Bill, not an Act. For current law, see the Acts databases.
HEALTH LEGISLATION AMENDMENT (AUSTRALIAN COMMUNITY PHARMACY AUTHORITY AND PRIVATE HEALTH INSURANCE) BILL 2010
2008-2009-2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Health Legislation Amendment
(Australian Community Pharmacy
Authority and Private Health Insurance)
Bill 2010
No. , 2010
(Health and Ageing)
A Bill for an Act to amend the National Health Act
1953 and the Private Health Insurance Act 2007,
and for related purposes
i Health Legislation Amendment (Australian Community Pharmacy Authority and Private
Health Insurance) Bill 2010 No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments relating to the Australian
Community Pharmacy Authority
3
National Health Act 1953
3
Schedule 2--Amendments relating to lifetime health cover
4
Private Health Insurance Act 2007
4
Health Legislation Amendment (Australian Community Pharmacy Authority and Private Health
Insurance) Bill 2010 No. , 2010 1
A Bill for an Act to amend the National Health Act
1
1953 and the Private Health Insurance Act 2007,
2
and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Health Legislation Amendment
6
(Australian Community Pharmacy Authority and Private Health
7
Insurance) Act 2010.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
column 2 of the table. Any other statement in column 2 has effect
12
according to its terms.
13
2 Health Legislation Amendment (Australian Community Pharmacy Authority and Private
Health Insurance) Bill 2010 No. , 2010
1
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 day this Act receives the Royal Assent.
3. Schedule 2
1 July 2010.
1 July 2010
Note:
This table relates only to the provisions of this Act as originally
2
passed by both Houses of the Parliament and assented to. It will not be
3
expanded to deal with provisions inserted in this Act after assent.
4
(2) Column 3 of the table contains additional information that is not
5
part of this Act. Information in this column may be added to or
6
edited in any published version of this Act.
7
3 Schedule(s)
8
Each Act that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
13
Amendments relating to the Australian Community Pharmacy Authority Schedule 1
Health Legislation Amendment (Australian Community Pharmacy Authority and Private Health
Insurance) Bill 2010 No. , 2010 3
Schedule 1--Amendments relating to the
1
Australian Community Pharmacy
2
Authority
3
4
National Health Act 1953
5
1 Subsection 90(3C)
6
Omit "30 June 2010", substitute "30 June 2015".
7
2 Section 99Y
8
Omit "30 June 2010", substitute "30 June 2015".
9
10
Schedule 2 Amendments relating to lifetime health cover
4 Health Legislation Amendment (Australian Community Pharmacy Authority and Private
Health Insurance) Bill 2010 No. , 2010
Schedule 2--Amendments relating to lifetime
1
health cover
2
3
Private Health Insurance Act 2007
4
1 Section 34-25
5
Repeal the section, substitute:
6
34-25 Meaning of lifetime health cover base day
7
General rule: 1 July after person turns 31
8
(1) Subject to subsections (2), (3) and (4), a person's lifetime health
9
cover base day is the 1 July after the person turns 31.
10
Note:
See also section 37-5.
11
Person who had lifetime health cover base day on or before
12
30 June 2010
13
(2) If a person had a lifetime health cover base day on or before
14
30 June 2010, that lifetime health cover base day remains the
15
person's lifetime health cover base day.
16
Person who is not an Australian citizen and is not covered by
17
subsection (2)
18
(3) Subject to subsection (4), the lifetime health cover base day of a
19
person who is not an
*
Australian citizen on the person's
*
medicare
20
eligibility day and is not covered by subsection (2) is the later of:
21
(a) the 1 July after the person turns 31; and
22
(b) the first anniversary of the person's medicare eligibility day.
23
Note:
See also section 37-5.
24
Person overseas on day worked out under subsection (1) or (3)
25
(4) However, if the person is
*
overseas on the day worked out under
26
subsection (1) or (3), the person's lifetime health cover base day is
27
the first anniversary of:
28
(a) the person's first return to Australia from overseas; or
29
(b) the person's first entry to Australia;
30
Amendments relating to lifetime health cover Schedule 2
Health Legislation Amendment (Australian Community Pharmacy Authority and Private Health
Insurance) Bill 2010 No. , 2010 5
after the day worked out under subsection (1) or (3), whichever is
1
applicable.
2
Medicare eligibility day
3
(5)
A
person's
medicare eligibility day is the day on which the person
4
is registered by the Medicare Australia CEO as an eligible person
5
within the meaning of section 3 of the Health Insurance Act 1973.
6
2 Section 34-30
7
Omit "Without", substitute "(1) Without".
8
Note:
The heading to section 34-30 is altered by adding at the end "or enters Australia".
9
3 Paragraph 34-30(b)
10
Omit "and".
11
4 Paragraph 34-30(c)
12
Repeal the paragraph.
13
5 At the end of section 34-30
14
Add:
15
(2) For the purposes of this Part, a person is taken not to have returned
16
to Australia from
*
overseas, or entered Australia, if the person
17
returns to Australia, or enters Australia, but remains in Australia
18
for a period of less than 90 days.
19
6 After paragraph 37-5(a)
20
Insert:
21
(aa)
who:
22
(i)
was
an
*
Australian citizen on 1 July 2000; or
23
(ii) was an Australian resident (within the meaning of
24
section 3 of the Health Insurance Act 1973) on 1 July
25
2000; or
26
(iii) had a lifetime health cover base day on or before
27
30 June 2010; and
28
7 After section 37-5
29
Insert:
30
Schedule 2 Amendments relating to lifetime health cover
6 Health Legislation Amendment (Australian Community Pharmacy Authority and Private
Health Insurance) Bill 2010 No. , 2010
37-7 Person yet to turn 31
1
If the 1 July after a person turns 31 has not arrived, lifetime health
2
cover does not yet apply to the person.
3
8 Clause 1 of Schedule 1
4
Insert:
5
Australian citizen has the same meaning as in the Australian
6
Citizenship Act 2007.
7
9 Clause 1 of Schedule 1 (definition of medicare eligibility
8
day)
9
Omit "34-25(3)", substitute "34-25(5)".
10
10 Clause 1 of Schedule 1 (definition of new arrival)
11
Repeal the definition.
12