Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
1996-97
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Health Insurance
Commission (Reform and Separation of Functions) Bill
1997
No. ,
1997
(Health and Family
Services)
A Bill for an Act to amend the
Health Insurance Commission Act 1973, to enact transitional provisions
relating to the transfer of Medibank Private from the Health Insurance
Commission to a separate organisation, and for other
purposes
9708720—924/20.6.1997—(87/97) Cat. No. 96 9217
7 ISBN 0644 505117
Contents
Part 1—Amendments commencing on Royal
Assent 7hicrsh1.html
Health Insurance Commission Act
1973 7hicrsh1.html
Hearing Services Administration Act
1997 7hicrsh1.html
Part 2—Amendments commencing on the fund-transfer
day 7hicrsh1.html
Commonwealth Borrowing Levy Act
1987 7hicrsh1.html
Health Insurance Commission Act
1973 7hicrsh1.html
Health Insurance Commission Regulations 7hicrsh1.html
A Bill for an Act to amend the Health Insurance
Commission Act 1973, to enact transitional provisions relating to the
transfer of Medibank Private from the Health Insurance Commission to a separate
organisation, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Health Insurance Commission (Reform and
Separation of Functions) Act 1997.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Subject to subsection (3), Part 2 of Schedule 1 to this Act commences
on the fund-transfer day.
(3) If Schedule 2 to the Audit (Transitional and Miscellaneous)
Amendment Act 1997 does not commence before the fund-transfer day:
(a) the amendments of section 9A of the Health Insurance Commission Act
1973; and
(b) the repeals of section 35 and paragraphs 42(a), (b) and (c) of the
Health Insurance Commission Act 1973;
made by this Act commence immediately after the commencement of Schedule 2
to the Audit (Transitional and Miscellaneous) Amendment Act
1997.
(4) In this section:
fund-transfer day has the same meaning as in Part 2 of
this Act.
The following is a simplified outline of this Part:
• This Part provides for the transfer of
Medibank Private from the Health Insurance Commission to a new company (in this
Part called the nominated company). Medibank Private was a part of
the Commission as at the commencement of this Part.
• At the time of the transfer, the nominated
company will be owned by the Commission.
• Some time after the transfer, the nominated
company will be separated from the Commission. The separation will be achieved
by transferring ownership of the nominated company to the
Commonwealth.
• Following separation, the Commonwealth is to
retain ownership of the nominated company.
In this Part, unless the contrary intention appears:
asset means:
(a) any legal or equitable estate or interest in real or personal
property, whether actual, contingent or prospective; and
(b) any right, power, privilege or immunity, whether actual, contingent or
prospective.
Chairperson, in relation to the Commission, has the same
meaning as in the Health Insurance Commission Act 1973.
Commission means the Health Insurance Commission.
Commission-owned, in relation to a company, has the meaning
given by section 7.
contract includes:
(a) a deed; and
(b) a deed poll.
contributor, in relation to a health benefits fund, has the
same meaning as in the National Health Act 1953.
dependant, in relation to a contributor to a health benefits
fund, has the same meaning as in the National Health Act 1953.
employee includes apprentice.
fund-transfer day has the meaning given by section
6.
instrument includes a document.
land registration official, in relation to land, means the
Registrar of Titles or other proper officer of the State or Territory in which
the land is situated.
liability means any liability, duty or obligation, whether
actual, contingent or prospective.
Medibank Private functions, in relation to the Commission,
means the functions that were conferred on the Commission by Part IIA of the
Health Insurance Commission Act 1973 as in force before the fund-transfer
day.
Medibank Private fund means the health benefits fund
conducted by the Commission.
nominated company has the meaning given by section
5.
re-transfer time, in relation to an employee, has the meaning
given by section 28.
re-transferred employee means a person whose employment is
transferred in accordance with a declaration under section 28.
transfer time, in relation to an employee, has the meaning
given by section 21.
transferred employee means a person whose employment is
transferred in accordance with a declaration under section 21.
voting
shares has the same meaning as in the Corporations Law.
(1) The Minister may, by writing, declare that a specified company is the
nominated company for the purposes of this Part.
(2) At the time when the declaration is made, the company must:
(a) be incorporated under the Corporations Law; and
(b) have a share capital; and
(c) be Commission-owned.
(3) The declaration has effect accordingly.
(4) A copy of the declaration is to be published in the Gazette
within 14 days after the making of the declaration.
(1) The Minister may, by writing, determine that a specified day is the
fund-transfer day for the purposes of this Part.
(2) The day must:
(a) be after the commencement of this section; and
(b) be a day when the nominated company is registered as a registered
health benefits organisation under the National Health Act
1953.
(3) The determination has effect accordingly.
(4) A copy of a determination under subsection (1) is to be published in
the Gazette within 14 days after the making of the
determination.
For the purposes of this Part, a company is
Commission-owned at a particular time if, and only if, all the
shares in the company are legally and beneficially owned by the Commission at
that time.
This Part binds the Crown in right of the Commonwealth, of each of the
States, of the Australian Capital Territory, of the Northern Territory and of
Norfolk Island.
This Part extends to all the external Territories.
This Part extends to acts, omissions, matters and things outside
Australia, whether or not in a foreign country.
(1) The functions of the Commission include holding shares in the
nominated company.
Note: This subsection has effect subject to subsection
(5).
(2) The Commission must not transfer any of its shares in the nominated
company.
Note: This subsection has effect subject to subsection
(5).
(3) Neither the Commission nor the nominated company is allowed to do
anything to cause or contribute to either of the following results:
(a) that the Commission no longer holds all the shares in the nominated
company;
(b) that the Commission no longer controls the exercise of the total
voting rights attached to the voting shares in the nominated company.
Note: This subsection has effect subject to subsection
(5).
(4) The following are examples of things that could give rise to a breach
of subsection (3):
(a) the issue by the nominated company of shares in the nominated company
to a person other than the Commission;
(b) the Commission agreeing to:
(i) hold shares in the nominated company on trust for another person;
or
(ii) exercise voting rights attached to voting shares in the nominated
company in accordance with the directions, instructions or wishes of another
person.
Note: This subsection has effect subject to subsection
(5).
(5) Subsections (1), (2), (3) and (4) cease to have effect immediately
before the time specified in a declaration under subsection 34(2) (which deals
with the transfer of the shares from the Commission to the
Commonwealth).
(1) This section applies to the nominated company if the company is
Commission-owned.
(2) The nominated company must take all steps that are open to it to
obtain registration as a registered health benefits organisation under the
National Health Act 1953.
(3) Section 73BAB of the National Health Act 1953 does not apply to
the nominated company before the time when the company begins to conduct the
Medibank Private fund following the transfer referred to in section 16. Before
that time, the nominated company must not conduct any health benefits
fund.
(1) This section applies to the nominated company if the company is
Commission-owned.
(2) Section 29 of the Commonwealth Authorities and Companies Act
1997 does not apply to the nominated company.
(3) The activities that may be carried on by the nominated company are not
limited by reference to the functions and powers conferred on the
Commission.
(4) In determining the range of activities that may be carried on by the
nominated company, it is to be assumed that all the shares in the company were
beneficially owned by the Commonwealth instead of the Commission.
Note: This means that the nominated company can carry on any
activity that falls within the legislative powers of the
Parliament.
(1) The Commission’s functions include the provision, on request, of
services or facilities, where:
(a) the services or facilities are provided to the nominated company on a
cost-recovery basis; and
(b) the services or facilities are provided to the nominated company under
an agreement or arrangement; and
(c) the agreement or arrangement was entered into when the nominated
company was Commission-owned; and
(d) the provision of the services or facilities relates to an activity
that can lawfully be carried on by the nominated company.
(2) Subsection (1) does not limit section 8 of the Health Insurance
Commission Act 1973 (which deals with the provision of services or
facilities on a commercial basis).
The functions of the Commission include:
(a) facilitating the transfer from the Commission to the nominated company
of the Medibank Private fund; and
(b) assisting the nominated company, the Commonwealth and other persons in
connection with:
(i) the implementation of this Part; and
(ii) preparatory work associated with the implementation of this
Part.
(1) The Minister may, by writing, formulate a scheme for the transfer of
the Medibank Private fund, and the business of that fund, to the nominated
company.
(2) The scheme must provide that the transfer will occur on the
fund-transfer day.
(3) The scheme must provide that the transfer does not affect the
continuity of a person’s status as a contributor to the fund.
(4) The scheme must require the nominated company to adopt the rules in
force under section 8A of the Health Insurance Commission Act 1973
immediately before the fund-transfer day, subject to such modifications (if any)
as are set out in the scheme. However, this subsection does not prevent the
rules from being varied by the nominated company after the fund-transfer
day.
(5) The scheme may contain such ancillary or incidental provisions as the
Minister considers appropriate.
(6) The scheme must set out outlines of any declarations, contracts or
other arrangements:
(a) under which the proposed transfer is to be carried out; or
(b) that are otherwise necessary to give effect to the scheme.
(7) The scheme has effect accordingly and is binding on all
persons.
(8) A copy of the scheme is to be published in the Gazette within
14 days after the formulation of the scheme.
(9) To avoid doubt, the scheme may be varied or revoked, in accordance
with subsection 33(3) of the Acts Interpretation Act 1901, at any time
before the fund-transfer day.
(10) This section does not limit section 17, 18 or 19.
(11) In this section:
declaration means a declaration under section 17, 18 or
19.
(1) This section applies to an asset of the Commission.
(2) The Minister may, by writing, make any or all of the following
declarations:
(a) a declaration that a specified asset vests in the nominated company at
a specified time without any conveyance, transfer or assignment;
(b) a declaration that a specified instrument relating to a specified
asset continues to have effect after the asset vests in the nominated company as
if a reference in the instrument to the Commission were a reference to the
nominated company;
(c) a declaration that the nominated company becomes the
Commission’s successor in law in relation to a specified asset immediately
after the asset vests in the nominated company.
Note: An asset or instrument may be specified by name, by
inclusion in a specified class or in any other way.
(3) A declaration under subsection (2) has effect accordingly.
(4) A copy of a declaration under subsection (2) is to be published in the
Gazette within 14 days after the making of the declaration.
(5) If a declaration under subsection (2) relates to an asset of the
Medibank Private fund, the time specified under paragraph (2)(a) must be a time
that occurs during the fund-transfer day.
(6) Subsection (2) does not prevent the Commission from transferring an
asset to the nominated company otherwise than under that subsection.
(7) If a share in a company (the first company) vests in the
nominated company under this section, the first company must register the
nominated company as the holder of the share.
(8) Subsection (7) has effect despite anything in the Corporations
Law.
(1) This section applies to a contract (other than a contract of
employment) to which the Commission is a party.
(2) The Minister may, by writing, declare that the Commission’s
rights and obligations under a specified contract:
(a) cease to be rights and obligations of the Commission at a specified
time; and
(b) become rights and obligations of the nominated company at that
time.
(3) The Minister may, by writing, declare that a specified contract
continues to have effect after a specified time as if a reference in the
contract to the Commission were a reference to the nominated company.
(4) The Minister may, by writing, declare that a specified instrument
relating to a specified contract continues to have effect, after the
Commission’s rights and obligations under the contract become rights and
obligations of the nominated company, as if a reference in the instrument to the
Commission were a reference to the nominated company.
(5) The Minister may, by writing, declare that the nominated company
becomes the Commission’s successor in law, in relation to the
Commission’s rights and obligations under a specified contract,
immediately after the Commission’s rights and obligations under the
contract become rights and obligations of the nominated company.
(6) A declaration under this section has effect
accordingly.
(7) A copy of a declaration under this section is to be published in the
Gazette within 14 days after the making of the declaration.
(8) If a declaration under this section relates to any of the following
contracts:
(a) a contract under which contributions are made to the Medibank Private
fund;
(b) a contract under which a person agrees to supply goods or services to
a contributor to the Medibank Private fund or to a dependant of such a
contributor;
(c) an applicable benefits arrangement (within the meaning of the
National Health Act 1953);
(d) a hospital purchaser-provider agreement (within the meaning of the
National Health Act 1953);
(e) a medical purchaser-provider agreement (within the meaning of the
National Health Act 1953);
the time specified under subsection (2) or (3) must be a time that occurs
during the fund-transfer day.
(9) This section does not, by implication, limit section 17 or
19.
Note: A contract or instrument may be specified by name, by
inclusion in a specified class or in any other way.
goods has the same meaning as in the Trade Practices Act
1974.
person includes a partnership.
services has the same meaning as in the Trade Practices
Act 1974.
supply has the same meaning as in the Trade Practices Act
1974.
(1) This section applies to a liability of the Commission.
(2) The Minister may, by writing, make any or all of the following
declarations:
(a) a declaration that a specified liability ceases to be a liability of
the Commission and becomes a liability of the nominated company at a specified
time;
(b) a declaration that a specified instrument relating to a specified
liability continues to have effect after the liability becomes a liability of
the nominated company as if a reference in the instrument to the Commission were
a reference to the nominated company;
(c) a declaration that the nominated company becomes the
Commission’s successor in law in relation to a specified liability
immediately after the liability becomes a liability of the nominated
company.
(3) A declaration under subsection (2) has effect accordingly.
(4) A copy of a declaration under subsection (2) is to be published in the
Gazette within 14 days after the making of the declaration.
(5) If a declaration under subsection (2) relates to a liability of the
Medibank Private fund, the time specified under subsection (2) must be a time
that occurs during the fund-transfer day.
Note: A
liability or instrument may be specified by name, by inclusion in a specified
class or in any other way.
(1) The object of this section is to enable a Commission contract to be
split into 2 separate contracts so that one of those contracts can be
transferred to the nominated company under this Division.
(2) For the purposes of this section, a Commission contract
is a contract between the Commission and another person (the
supplier) for the supply to the Commission of goods or
services.
(3) The Minister may, by writing, declare that:
(a) a specified Commission contract terminates at a specified time without
giving the supplier any entitlement to compensation or damages (other than an
entitlement (if any) under section 46); and
(b) the Commission is taken to have entered into a contract (the
Medibank Private contract) with the supplier at that
time for the supply of some of those goods or services in the terms set out in
the declaration; and
(c) the Commission is taken to have entered into a contract (the
residual contract) with the supplier at that time for the supply
of some of those goods or services in the terms set out in the
declaration.
(4) A declaration under subsection (3) has effect accordingly.
(5) A copy of a declaration under subsection (3) is to be published in the
Gazette within 14 days after the making of the declaration.
(6) A copy of a declaration under subsection (3) is to be given to the
supplier as soon as practicable after the making of the declaration.
(7) If a declaration is made under subsection (3) in relation to a
Commission contract:
(a) the sum of:
(i) the consideration that is to be paid to the supplier under the
Medibank Private contract; and
(ii) the consideration that is to be paid to the supplier under the
residual contract;
must equal the consideration that would have been paid to the supplier
under the Commission contract if the declaration had not been made;
and
(b) the aggregate of:
(i) the obligations imposed on the supplier under the Medibank Private
contract; and
(ii) the obligations imposed on the supplier under the residual
contract;
must not be more onerous than the obligations that would have been
imposed on the supplier under the Commission contract if the declaration had not
been made.
(8) In this section:
goods has the same meaning as in the Trade Practices Act
1974.
person includes a partnership.
services has the same meaning as in the Trade Practices
Act 1974.
supply has the same meaning as in the Trade Practices Act
1974.
(9) To avoid doubt, a reference in this section to services
includes a reference to rights arising under a computer software
licence.
(10) Subsection (9) is to be disregarded in interpreting a law of the
Commonwealth (other than this section).
(1) This section applies to an employee of the Commission.
(2) The Minister may, by written instrument, declare that a
specified employee:
(a) ceases to be employed by the Commission at a specified time (the
employee’s transfer time); and
(b) is taken to have been engaged by the nominated company as an employee
of the nominated company at the employee’s transfer time.
(3) A declaration under this section has effect accordingly.
(4) A time specified under subsection (2) must be a time that
occurs:
(a) when the nominated company is Commission-owned; or
(b) within 12 months after the nominated company ceases to be
Commission-owned.
(5) A copy of a declaration under subsection (2) is to be published in the
Gazette within 14 days after the making of the declaration.
(1) A person who is a transferred employee is taken to have been engaged
by the nominated company on the terms and conditions that applied to the person,
immediately before the employee’s transfer time, as an employee of the
Commission.
(2) A reference in subsection (1) to terms and
conditions is a reference to terms and conditions that are set out
in:
(a) a determination under subsection 28(2) of the Health Insurance
Commission Act 1973; or
(b) an award (as defined by section 4 of the Workplace Relations Act
1996); or
(c) a certified agreement (as defined by section 4 of the Workplace
Relations Act 1996); or
(d) an Australian Workplace Agreement (as defined by section 4 of the
Workplace Relations Act 1996); or
(e) a certified agreement (as defined by section 4 of the Industrial
Relations Act 1988 as in force immediately before the commencement of
Schedule 8 to the Workplace Relations and Other Legislation Amendment Act
1996) that continues to have effect because of Part 2 of that
Schedule.
A person who is a transferred employee is taken to have accrued an
entitlement to benefits, in connection with the employee’s engagement by
the nominated company, that is equivalent to the entitlement that the person had
accrued, as an employee of the Commission, immediately before the
employee’s transfer time.
The service of a transferred employee as an employee of the
nominated company is taken, for all purposes, to have been continuous with the
service of the employee, immediately before the employee’s transfer time,
as an employee of the Commission.
A transferred employee is not entitled to receive any payment or
other benefit merely because he or she stopped being an employee of the
Commission as a result of this Part.
(1) This Part does not prevent the terms and conditions of a transferred
employee’s employment after the employee’s transfer time from being
varied:
(a) in accordance with those terms and conditions; or
(b) by or under a law, award, determination or agreement.
(2) In this section:
vary, in relation to terms and conditions,
includes:
(a) omitting any of those terms and conditions; or
(b) adding to those terms and conditions; or
(c) substituting new terms or conditions for any of those terms and
conditions.
For the purposes of the application of Part IV of the Public Service
Act 1922 in relation to a transferred employee, the nominated company is
taken to be, after the employee’s transfer time, a Commonwealth authority
for the purposes of that Part.
(1) This section applies to an employee of the nominated company if the
employee was engaged by the company under section 21.
(2) The Minister may, by written instrument, declare that a
specified employee:
(a) ceases to be employed by the nominated company at a specified time
(the employee’s re-transfer time); and
(b) is taken to have been engaged by the Commission as an employee of the
Commission at the employee’s re-transfer time.
(3) A declaration under this section has effect accordingly.
(4) A time specified under subsection (2) must be a time that
occurs:
(a) when the nominated company is Commission-owned; or
(b) within 12 months after the nominated company ceases to be
Commission-owned.
(5) A copy of a declaration under subsection (2) is to be published in the
Gazette within 14 days after the making of the declaration.
(1) A person who is a re-transferred employee is to be engaged by the
Commission on terms and conditions that are not less favourable than those that
applied to the person, immediately before the employee’s re-transfer time,
as an employee of the nominated company.
(2) A reference in subsection (1) to terms and
conditions is a reference to terms and conditions that are set out
in:
(a) a written contract of employment; or
(b) a determination in force under subsection 28(2) of the Health
Insurance Commission Act 1973 immediately before the employee’s
transfer time, to the extent that the determination is relevant to the employee
because of subsection 22(1); or
(c) an award (as defined by section 4 of the Workplace Relations Act
1996); or
(d) a certified agreement (as defined by section 4 of the Workplace
Relations Act 1996); or
(e) an Australian Workplace Agreement (as defined by section 4 of the
Workplace Relations Act 1996).
A person who is a re-transferred employee is taken to have accrued an
entitlement to benefits, in connection with the employee’s engagement by
the Commission, that is equivalent to the entitlement that the person had
accrued, as an employee of the nominated company, immediately before the
employee’s re-transfer time.
The service of a re-transferred employee as an employee of the
Commission is taken, for all purposes, to have been continuous with the service
of the employee, immediately before the employee’s re-transfer time, as an
employee of the nominated company.
A re-transferred employee is not entitled to receive any payment
or other benefit merely because he or she stopped being an employee of the
nominated company as a result of this Part.
(1) This Part does not prevent the terms and conditions of a
re-transferred employee’s employment after the employee’s
re-transfer time from being varied:
(a) in accordance with those terms and conditions; or
(b) by or under a law, award, determination or agreement.
(2) In this section:
vary, in relation to terms and conditions,
includes:
(a) omitting any of those terms and conditions; or
(b) adding to those terms and conditions; or
(c) substituting new terms or conditions for any of those terms and
conditions.
(1) This section applies to shares in the nominated company that are
legally and beneficially owned by the Commission.
(2) The Minister may, by writing, make any or all of the following
declarations:
(a) a declaration that the legal and beneficial interests in all of those
shares vest in the Commonwealth at a specified time without any conveyance,
transfer or assignment;
(b) a declaration that a specified instrument relating to any or all of
those shares continues to have effect after the legal and beneficial interests
in those shares vest in the Commonwealth as if a reference in the instrument to
the Commission were a reference to the Commonwealth;
(c) a declaration that the Commonwealth becomes the Commission’s
successor in law in relation to those shares immediately after the legal and
beneficial interests in those shares vest in the Commonwealth.
(3) A declaration under subsection (2) has effect accordingly.
(4) A copy of a declaration under subsection (2) is to be published in the
Gazette within 14 days after the making of the declaration.
(5) If the legal and beneficial interests in shares vest in the
Commonwealth under this section, the nominated company must register the
Commonwealth as the holder of the shares.
(6) Subsection (5) has effect despite anything in the Corporations
Law.
(1) This section applies to the nominated company if the legal and
beneficial interests in all of the shares in the company have vested in the
Commonwealth under section 34.
(2) The Commonwealth must not transfer any of its shares in the nominated
company.
(3) Neither the Commonwealth nor the nominated company is allowed to do
anything to cause or contribute to either of the following results:
(a) that the Commonwealth no longer holds all the shares in the nominated
company;
(b) that the Commonwealth no longer controls the exercise of the total
voting rights attached to the voting shares in the nominated company.
(4) The following are examples of things that could give rise to a breach
of subsection (3):
(a) the issue by the nominated company of shares in the nominated company
to a person other than the Commonwealth;
(b) the Commonwealth agreeing to:
(i) hold shares in the nominated company on trust for another person;
or
(ii) exercise voting rights attached to voting shares in the nominated
company in accordance with the directions, instructions or wishes of another
person.
(1) In this section:
designated matter means:
(a) a matter relating to the carrying out of a scheme formulated under
section 16; or
(b) a transfer under section 17, 18 or 19; or
(c) an agreement relating to a transfer covered by paragraph (b);
or
(d) a matter arising under section 20; or
(e) a transfer under section 34; or
(f) an agreement relating to a transfer covered by paragraph
(e).
(2) Stamp duty or other tax is not payable under a law of a State or
Territory in respect of:
(a) a designated matter; or
(b) anything done (including a transaction entered into or an instrument
or document made, executed, lodged or given) because of, or for a purpose
connected with or arising out of, a designated matter.
(1) This section applies if:
(a) any right, title or interest in particular land vests in the nominated
company under section 17; and
(b) there is lodged with a land registration official a certificate
that:
(i) is signed by the Minister; and
(ii) identifies the land; and
(iii) states that the right, title or interest has become vested in the
nominated company under section 17.
(2) The land registration official may:
(a) register the matter in a way that is the same as, or similar to, the
way in which dealings in land of that kind are registered; and
(b) deal with, and give effect to, the certificate.
(3) A document that appears to be a certificate under subsection (1) is to
be taken to be such a certificate, and to have been properly given, unless the
contrary is established.
This Part, in so far as it provides for the interpretation of references
in other instruments, does not modify any register kept by a land registration
official under a law of a State or Territory.
The Lands Acquisition Act 1989 does not apply in relation to
anything done under this Part.
To avoid doubt, an instrument made under this Part (other than
regulations under section 53) is not taken to be a legislative instrument for
the purposes of the Legislative Instruments Act 1997.
(1) This section applies if, as a result of a declaration made by the
Minister under this Part, a person (the successor) becomes the
successor in law of another person (the original person) at a
particular time in relation to a particular asset, liability, right, benefit or
obligation.
(2) If any proceedings to which the original person was a party:
(a) were pending in any court or tribunal immediately before that time;
and
(b) related, in whole or in part, to the asset, liability, right, benefit
or obligation, as the case may be;
then, unless the Minister otherwise determines in writing in relation to
the proceedings, the successor is, by force of this subsection, substituted for
the original person as a party to the proceedings to the extent to which the
proceedings relate to the asset, liability, right, benefit or obligation, as the
case requires.
To avoid doubt, the operation of this Part is not to be regarded
as:
(a) placing a person in breach of contract or confidence; or
(b) otherwise making a person guilty of a civil wrong; or
(c) placing a person in breach of any contractual provision prohibiting,
restricting or regulating:
(i) the assignment or transfer of any asset, liability, right or
obligation; or
(ii) the disclosure of any information; or
(d) releasing any surety from any of the surety’s obligations in
relation to a liability or obligation that is transferred under this
Part.
(1) This section applies to a record of the Commission that relates to
Medibank Private.
(2) The Minister may direct the Commission to transfer specified records
to the nominated company.
Note: A record may be specified by name, by inclusion in a
specified class or in any other way.
(3) The Commission must ensure that the direction is complied
with.
(4) In this section:
record has the same meaning as in the Archives Act
1983.
(1) The nominated company is not taken, for the purposes of
a law, to be:
(a) a Commonwealth authority; or
(b) established for a public purpose or for a purpose of the Commonwealth;
or
(c) a public authority or an agency or instrumentality of the
Crown;
(within the ordinary meaning of the expression concerned) unless a law
expressly provides otherwise.
(2) In this section:
law means:
(a) an Act of the Commonwealth or of a State or Territory; or
(b) regulations or any other instrument made under such an Act.
(1) Section 186 and paragraph 461(d) of the Corporations Law do not apply
to the nominated company.
(2) If the nominated company is Commission-owned, subsection 249(7) of the
Corporations Law applies to the nominated company as if:
(a) the Commission were a holding company (within the meaning of that
subsection) of the nominated company; and
(b) the Chairperson of the Commission were a representative of the
Commission authorised under subsection 249(3) of the Corporations Law.
(3) If the nominated company is not Commission-owned, subsection 249(7) of
the Corporations Law applies to the nominated company as if:
(a) the Commonwealth were a holding company (within the meaning of that
subsection) of the nominated company; and
(b) the Minister were a representative of the Commonwealth authorised
under subsection 249(3) of the Corporations Law.
(1) If:
(a) apart from this section, the operation of this Part would result in
the acquisition of property from a person otherwise than on just terms;
and
(b) the acquisition would be invalid because of paragraph 51(xxxi) of the
Constitution;
the Commonwealth is liable to pay compensation of a reasonable amount to
the person in respect of the acquisition.
(2) If the Commonwealth and the person do not agree on the amount of the
compensation, the person may institute proceedings in the Federal Court of
Australia for the recovery from the Commonwealth of such reasonable amount of
compensation as the court determines.
(3) In this section:
acquisition of property has the same meaning as in paragraph
51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of
the Constitution.
(1) The Minister may, by writing, delegate to the Chairperson of the
Commission all or any of the functions or powers conferred on the Minister by
this Part (other than Subdivision C of Division 4 or section 45).
Note 1: Subdivision C of Division 4 deals with transfer of
staff.
Note 2: Section 45 deals with the Minister’s functions
in relation to the Commonwealth’s shareholding in the nominated
company.
(2) The Minister may, by writing, delegate to all or any of the following
groups:
(a) the Managing Director of the Commission and the Chief Executive
Officer of the nominated company;
(b) the Managing Director of the Commission and the Human Resources
Manager of the nominated company;
(c) the Chief Executive Officer of the nominated company and the Human
Resources Manager of the Commission;
(d) the Human Resources Manager of the Commission and the Human Resources
Manager of the nominated company;
all or any of the functions and powers conferred on the Minister by
Subdivision C of Division 4.
Note: Subdivision C of Division 4 deals with transfer of
staff.
(3) A function or power delegated to a group under subsection (2) may be
performed or exercised by both members of the group acting jointly, and may not
otherwise be performed or exercised under the delegation.
(4) The Minister may, by writing, delegate to:
(a) the Secretary to the Department; or
(b) a person holding or performing the duties of a Senior Executive
Service office in the Department;
all or any of the powers conferred on the Minister by subsection 249(7) of
the Corporations Law as that subsection applies to the nominated company as
mentioned in subsection 45(3) of this Act.
Chief Executive Officer, in relation to the nominated
company, means the chief executive officer (however described) of the nominated
company.
Human Resources Manager means:
(a) in relation to the Commission—the Commission’s General
Manager, Human Resource Management; and
(b) in relation to the nominated company—the employee of the
nominated company whose position corresponds to the Commission’s General
Manager, Human Resource Management.
Managing Director, in relation to the Commission, has the
same meaning as in the Health Insurance Commission Act 1973.
Senior Executive Service office has the same meaning as in
the Public Service Act 1922.
(1) This Part does not authorise a Commonwealth record (within the meaning
of the Archives Act 1983) to be transferred or otherwise dealt with
except in accordance with the provisions of that Act.
(2) A Commonwealth record (within the meaning of the Archives Act
1983) must not be transferred to a person under this Part unless the
Australian Archives has given permission under paragraph 24(2)(b) of the
Archives Act 1983.
(3) If
the nominated company is Commission-owned, the Archives Act 1983 has
effect as if the nominated company were a Commonwealth-controlled company
(within the meaning of that Act).
(1) This section applies to:
(a) a complaint if:
(i) the complaint could have been made to the Ombudsman under the
Ombudsman Act 1976 before the fund-transfer day in relation to action
taken by the Commission in connection with the performance of the
Commission’s Medibank Private functions; and
(ii) the complaint is made on or after the fund-transfer day;
(b) a complaint if:
(i) before the fund-transfer day, the complaint was made to the Ombudsman
under the Ombudsman Act 1976 in relation to action taken by the
Commission in connection with the performance of the Commission’s Medibank
Private functions; and
(ii) immediately before the fund-transfer day, the Ombudsman had not
finally disposed of the matter in accordance with that Act; or
(c) an investigation if:
(i) before the fund-transfer day, the Ombudsman commenced the
investigation under the Ombudsman Act 1976 in relation to action taken by
the Commission in connection with the performance of the Commission’s
Medibank Private functions; and
(ii) immediately before the fund-transfer day, the Ombudsman had not
finally disposed of the matter in accordance with that Act.
(2) The Ombudsman Act 1976 has effect on and after the
fund-transfer day, in relation to the complaint or investigation, as
if:
(a) the action taken by the Commission had been taken by the nominated
company; and
(b) the nominated company were a prescribed authority (within the meaning
of that Act); and
(c) the nominated company had been in existence at the time when the
action occurred.
(1) If:
(a) before the fund-transfer day, a request was made under the Freedom
of Information Act 1982 for access to a document in the possession of the
Commission; and
(b) the document has been transferred to the nominated company under this
Part; and
(c) the request had not been finally disposed of under the Freedom of
Information Act 1982 immediately before the fund-transfer day;
then:
(d) the request is taken to have been transferred to the nominated company
on the fund-transfer day; and
(e) the Freedom of Information Act 1982 has effect on and after the
fund-transfer day, in relation to the request, as if the nominated company were
an agency (within the meaning of that Act).
(2) If:
(a) immediately before the fund-transfer day, a person had a right
to:
(i) apply under the Administrative Appeals Tribunal Act 1975 (the
AAT Act) for a review of a decision of the Commission made under
the Freedom of Information Act 1982 in relation to a particular document,
where possession of the document has been transferred from the Commission to the
nominated company under this Part; or
(ii) request under the AAT Act a statement of reasons for such a decision;
or
(b) before the fund-transfer day, a person made such an application or
request but it had not been finally disposed of under the AAT Act before the
fund-transfer day;
the AAT Act has effect on and after the fund-transfer day, in relation to
the right, application or request as if:
(c) the decision made by the Commission had been made by the nominated
company; and
(d) the nominated company had been in existence at all relevant times;
and
(e) the nominated company were substituted for the Commission as a party
to any relevant proceedings arising under that Act.
(1) This section applies to:
(a) a complaint if:
(i) the complaint could have been made to the Privacy Commissioner under
the Privacy Act 1988 before the fund-transfer day in relation to an act
or practice of the Commission in connection with the performance of the
Commission’s Medibank Private functions; and
(ii) the complaint is made on or after the fund-transfer day; or
(b) a complaint if:
(i) before the fund-transfer day, the complaint was made to the Privacy
Commissioner under the Privacy Act 1988 in relation to an act or practice
of the Commission in connection with the performance of the Commission’s
Medibank Private functions; and
(ii) immediately before the fund-transfer day, the Privacy Commissioner
had not finally disposed of the matter in accordance with that Act; or
(c) an investigation if:
(i) before the fund-transfer day, the Privacy Commissioner commenced the
investigation under the Privacy Act 1988 in relation to an act or
practice of the Commission in connection with the performance of the
Commission’s Medibank Private functions; and
(ii) immediately before the fund-transfer day, the Privacy Commissioner
had not finally disposed of the matter in accordance with that Act.
(2) The Privacy Act 1988 has effect on and after the fund-transfer
day, in relation to the complaint or investigation, as if:
(a) the act or practice of the Commission had been an act or practice of
the nominated company; and
(b) the nominated company were an agency (within the meaning of that Act);
and
(c) the nominated company had been in existence at the time when the act
or practice occurred.
This Part does not authorise the imposition of taxation within the
meaning of section 55 of the Constitution.
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Part to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Part.
Subject to section 2, each Act, and each set of regulations, 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.
Part
1—Amendments commencing on
Royal Assent
Health
Insurance Commission Act 1973
1 Subsection 3(1) (paragraph (a) of the
definition of recognised class of functions)
Repeal the paragraph, substitute:
(a) the medicare functions of the Commission; or
2 Subsection 3(1) (paragraph (c) of the
definition of recognised class of functions)
Omit “section 8E”, substitute “subsection
8AA(2)”.
3 Subsection 3(1) (paragraphs (e) and (f) of the
definition of recognised class of functions)
Repeal the paragraphs, substitute:
(e) the service delivery functions of the Commission; or
(f) the spare capacity functions of the Commission.
4 Subsection 3(1) (definition of
function)
Repeal the definition.
5 Subsection 3(1) (definition of
power)
Repeal the definition.
6 Subsection 3(1)
Insert:
medicare functions, in relation to the Commission, has the
meaning given by section 6.
7 Subsection 3(1)
Insert:
service delivery functions, in relation to the Commission,
has the meaning given by section 7.
8 Subsection 3(1)
Insert:
spare capacity functions, in relation to the Commission, has
the meaning given by section 8.
9 Paragraph 3(2)(a)
Repeal the paragraph.
10 Paragraphs 3(2)(bb) and
(bc)
Repeal the paragraphs.
11 Section 5
Repeal the section, substitute:
The Commission has the following functions:
(a) the medicare functions mentioned in section 6;
(b) the service delivery functions mentioned in section
7;
(c) the spare capacity functions mentioned in section
8;
(d) the additional functions mentioned in section
8AA;
(e) to do anything incidental to or conducive to the performance of any of
the above functions.
The Commission’s medicare functions are the functions
conferred on the Commission by or under the Health Insurance Act
1973.
(1) The Commission’s service delivery functions are to
provide Commonwealth services in accordance with service arrangements, and to do
anything included in the arrangements that is incidental, conducive or related
to the provision of the services.
(2) The Commission may, with the written approval of the Minister, enter
into an arrangement (a service arrangement) with the principal
officer of a Commonwealth authority for the provision of the Commonwealth
services specified in the arrangement, subject to the conditions specified in
the arrangement.
(3) Service arrangements for the provision of Commonwealth services may
include arrangements for doing anything incidental, conducive or related to the
provision of the services, including, for example:
(a) making the Managing Director or specified employees available to
exercise powers or perform functions delegated to them under specified
enactments; and
(b) determining a person’s eligibility for, or entitlement to
receive or have access to, the services.
(4) Service arrangements may provide for the payment of amounts to the
Commission.
(5) In this section:
benefit includes:
(a) a pension, allowance, concession or payment; and
(b) a card entitling its holder to a concession or a payment of any
kind.
Commonwealth authority means:
(a) a Department; or
(b) a body, other than the Commission, established for a public purpose by
or under a law of the Commonwealth.
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.
employee means a member of the staff of the
Commission.
enactment means:
(a) an Act; or
(b) an instrument (including rules, regulations and by-laws) made under an
Act.
principal officer means:
(a) in relation to a Department—the person who is the Secretary to
the Department; or
(b) in relation to any other Commonwealth authority—the person
identified by the regulations as the principal officer of the
authority.
service arrangements means arrangements entered into under
subsection (2).
(1) The Commission’s spare capacity functions are to
provide, on request, services or facilities, where:
(a) the services or facilities are provided on a commercial basis;
and
(b) any or all of the following conditions are satisfied:
(i) the provision of the services or facilities utilises the
Commission’s spare capacity;
(ii) the services or facilities relate to a designated matter;
(iii) the provision of the services or facilities maintains or improves
the specialised technical skills of the Commission’s staff in relation to
a designated matter; and
(c) the provision of the services or facilities has been approved, in
writing, by the Minister.
(2) Subsection (1) does not authorise the Commission to perform a function
if the performance of the function would impede the Commission’s capacity
to perform its other functions.
(3) For the purposes of this section, each of the following is a
designated matter:
(a) a matter related to money appropriated for the purposes of the
Commonwealth;
(b) a matter related to the executive power of the Commonwealth;
(c) a matter related to insurance (other than State insurance) not
extending beyond the limits of the State concerned;
(d) a matter related to pharmaceutical, sickness and hospital benefits and
medical and dental services;
(e) a matter related to external affairs;
(f) a matter incidental to the execution of any of the legislative powers
of the Commonwealth or the executive power of the Commonwealth.
(1) The Commission’s additional functions are as
follows:
(a) such functions as are conferred on the Commission by or under:
(i) this Act (other than section 6, 7 or 8); or
(ii) any other Act (other than the Health Insurance Act
1973);
(b) such functions as are conferred on the Commission by regulations made
for the purposes of subsection (2);
(c) such functions as are conferred on the Commission by a determination
under subsection (4).
(2) The Commission is to perform such functions as are prescribed by the
regulations.
(3) The regulations may prescribe the manner in which the Commission is to
carry out a function prescribed under subsection (2).
(4) The Commission is to perform such functions as are specified in a
written determination made by the Minister.
(5) A determination under subsection (4) may specify the manner in which
the Commission is to perform a function specified in the
determination.
(6) A determination under subsection (4) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
It is the intention of the Parliament that, if a law of a State or
Territory confers a power or function on the Commission, the Commission may,
with the written approval of the Minister, exercise that power or perform that
function, as the case may be.
12 Parts IIAB, IIAC and IIB
Repeal the Parts.
13 At the end of section 8G
Add:
(2) Without limiting subsection (1), the Commission has the power to form,
or participate in the formation of, companies.
14 Subsection 8J(1)
Repeal the subsection, substitute:
(1) The Minister may, by written notice given to the Commission, give
directions to the Commission about the performance of its functions and the
exercise of its powers.
(1A) The Minister may, by written notice given to the Commission, direct
the Commission to enter into an agreement under section 8JA within the period
specified in the direction.
15 Subsection 8J(2)
After “(1)”, insert “or (1A)”.
16 Subsection 8J(2)
Omit “under section 42”, substitute “referred to in
section 42”.
17 Subsection 8J(3)
Repeal the subsection, substitute:
(3) A direction under subsection (1) or (1A) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
18 After section 8J
Insert:
The Minister may, on behalf of the Commonwealth, enter into an agreement
with the Commission about the performance of the Commission’s functions
and the exercise of the Commission’s powers.
19 Paragraph 10(1)(c)
Repeal the paragraph, substitute:
(c) 5 other members.
20 After subsection 10(2)
Insert:
(2A) The instrument of appointment of a part-time Commissioner may state
that it is a ground for termination of the appointment if the Commissioner
ceases to hold a specified kind of office or position.
(2B) Before a person is appointed as a part-time Commissioner, the
Minister may consult the States, the Northern Territory and the Australian
Capital Territory in relation to the appointment.
(2C) Subsection (2B) does not affect the validity of an appointment of a
part-time Commissioner.
21 Subsection 10(3)
Omit all the words after “vacancy”, substitute “or
vacancies in the membership of the Commission”.
22 At the end of section 17
Add:
(3) If:
(a) a part-time Commissioner’s instrument of appointment states that
it is a ground for termination of the appointment if the Commissioner ceases to
hold a specified kind of office or position; and
(b) the Commissioner ceases to hold that kind of office or
position;
the Governor-General may terminate the Commissioner’s
appointment.
(4) The Governor-General may terminate the appointment of a part-time
Commissioner if the Minister is of the opinion that the performance of the
Commissioner has been unsatisfactory.
23 After section 19
Insert:
(1) A resolution is taken to have been passed at a meeting of the
Commission if, without meeting, a sufficient number of members indicate
agreement with a resolution in accordance with a method determined by the
Commission under subsection (2).
Note: Sufficient number of members is
defined by subsection (3).
(2) Subsection (1) does not apply unless the Commission:
(a) determines that it applies; and
(b) determines the method by which members are to indicate agreement with
the resolution.
(3) In this section:
sufficient number of members, in relation to a resolution,
means a majority of the number of members who would have been entitled to vote
on the resolution at a meeting of the Commission if they had been present at the
meeting.
24 At the end of section 26
Add:
(3) The Governor-General may terminate the appointment of the Managing
Director if the Minister is of the opinion that the performance of the Managing
Director has been unsatisfactory.
25 Before section 33
Insert:
(1) There is payable to the Commission such money as is appropriated from
time to time by the Parliament for the purposes of the Commission.
(2) The Minister for Finance may give directions as to the amounts in
which, and the times at which, money referred to in subsection (1) is to be paid
to the Commission.
26 Section 33
Omit “Part IIB”, substitute “subsection
8AA(2)”.
Note: The heading to section 33 of the Health Insurance
Commission Act 1973 is altered by omitting “Part II, IIAA or
IIB” and substituting “Part II or
IIAA”.
27 After section 33
Insert:
(1) The regulations may declare that a specified function of the
Commission is a designated function for the purposes of this
section.
(2) The Commission must prepare separate budget estimates, in such form as
the Minister directs, relating to the Commission’s performance of each of
its designated functions for each financial year and, if the Minister so
directs, for any other period specified by the Minister.
(3) The Commission must submit the estimates to the Minister not later
than the date the Minister directs.
(4) The Commission’s money must not be spent in the performance of
its designated functions except in accordance with the estimates of expenditure
approved by the Minister.
Note: The heading to section 34 of the Health Insurance
Commission Act 1973 is replaced by the following
“Estimates—medicare functions”.
28 At the end of paragraph
37(c)
Add “or any other law”.
29 At the end of subsection
41A(1)
Add “or the power conferred by subsection 8J(1A)”.
30 Section 41B
Repeal the section.
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:
(a) the Governor-General had, by instrument (the notional instrument
of appointment), appointed the Commissioner to an office under paragraph
10(1)(c) of that Act immediately after the commencement of this item;
and
(b) the period of appointment specified in the notional instrument of
appointment were the period:
(i) beginning immediately after the commencement of this item;
and
(ii) ending at the end of the period specified in the Commissioner’s
original instrument of appointment.
(2) If the number of part-time Commissioners holding office under paragraph
10(1)(c) of the Health Insurance Act 1973 immediately before the
commencement of this item exceeds 5, paragraph 10(1)(c) of the Health
Insurance Commission Act 1973 has effect as if the reference in that
paragraph to 5 were a reference to the first-mentioned number.
(3) Subitem (2) ceases to have effect 5 years after the commencement of
this item.
(4) A person must not be appointed to an office referred to in
paragraph 10(1)(c) of the Health Insurance Commission Act 1973 if,
as a result of the appointment, there would be more than 5 Commissioners holding
office under that paragraph.
(5) Subitem (4) does not apply to an appointment that is taken to have been
made because of subitem (1).
(6) 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
(1) Subsection 17(4) of the Health Insurance Commission Act 1973
does not apply to a person who held office as Chairperson immediately before the
commencement of this item.
(2) Subsection 26(3) of the Health Insurance Commission Act 1973
does not apply to a person who held office as Managing Director immediately
before the commencement of this item.
Hearing
Services Administration Act 1997
35 Subsection 21(5)
Repeal the subsection.
36 At the end of subsection
21(6)
Add:
Note: The claims acceptance body may be the Health Insurance
Commission.
37 At the end of subsection
21(7)
Add:
Note: The claims payment body may be the Health Insurance
Commission.
Part
2—Amendments commencing on
the fund-transfer day
Commonwealth
Borrowing Levy Act 1987
38 Item 15 of the Schedule
Repeal the item, substitute:
|
15. |
The nominated company (within the meaning of Part 2 of the Health
Insurance Commission (Reform and Separation of Functions) Act
1997) |
Health
Insurance Commission Act 1973
39 Subsection 3(1) (definition of recognised
class of functions)
Repeal the definition.
40 Paragraph 3(2)(b)
Repeal the paragraph.
41 Paragraphs 3(2)(c) and
(d)
Repeal the paragraphs, substitute:
(c) a reference to medicare expenditure of the Commission is a reference
to expenditure of the Commission that is wholly or partly attributable to
the medicare functions of the Commission.
42 Part IIA
Repeal the Part.
43 Section 9A
Omit “Sections 14, 18 and 19”, substitute “Section 14 and
subsection 18(3)”.
44 Section 9A
Omit “, (6A)”.
45 Section 34A
Repeal the section.
46 Section 34B
Repeal the section.
47 Section 34C
Repeal the section.
48 Subsection 35(1)
Omit “, in relation to each recognised class of
functions,”.
49 Subsection 35(1)
Omit “for the purposes of performing functions in that recognised
class of functions”.
50 Subsections 35(2), (3) and
(4)
Repeal the subsections.
51 Section 35
Repeal the section.
52 Subsection 36(2)
Repeal the subsection.
53 Subsection 36(3)
Repeal the subsection.
54 Subsection 36(4)
Repeal the subsection.
55 Subsection 36(4A)
Repeal the subsection.
56 Subsection 36(5)
Repeal the subsection.
57 Subsection 36(6A)
Repeal the subsection.
58 Subsection 36(6B)
Repeal the subsection.
59 Subsection 36(6BA)
Repeal the subsection.
60 Subsection 36(6C)
Repeal the subsection.
61 Subsection 36(7)
Omit “or borrowing”.
62 Paragraph 36AA(2)(a)
Repeal the paragraph.
63 Subparagraph
36AA(6)(a)(i)
Repeal the subparagraph.
64 Section 36A
Repeal the section.
65 Subsection 38(2)
Repeal the subsection.
66 Subsection 39(1)
Omit “The”, substitute “Subject to subsection (2),
the”.
67 Subsection 39(2)
68 At the end of subsection
39(2)
Add “Accordingly, the Commission is exempt from income
tax.”.
69 At the end of section 39
Add:
(3) The regulations may provide that:
(a) subsection (2) ceases to be in force on a specified day; and
(b) on and after that day, the Commission is not a public authority for
the purposes of paragraph 23(d) of the Income Tax Assessment Act 1936 or
the corresponding provision of the Income Tax Assessment Act
1997.
70 Paragraphs 42(a), (b) and
(c)
Repeal the paragraphs, substitute:
(a) the number of signed instruments made under section 8M; and
(b) the number of notices in writing given under section 8P; and
(c) the number of notices in writing given to individual patients under
section 8P; and
(d) the number of premises entered under section 8U; and
(e) the number of occasions when powers were used under section 8V;
and
(f) the number of search warrants issued under section 8Y; and
(g) the number of search warrants issued by telephone or other electronic
means under section 8Z; and
(h) the number of patients advised in writing under section 8ZN.
Note: This item amends the section 42 inserted by the
Audit (Transitional and Miscellaneous) Amendment Act
1997.
71 Paragraph 42(2)(d)
Omit “and, to the extent to which the National Health Act 1953
applied to and in relation to the receipt and expenditure of moneys by the
Commission, the receipt and expenditure of moneys have also been in accordance
with that Act”.
72 Subsection 42(3)
Repeal the subsection.
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:
(a) the items that amend subsection 35(1) of the Health Insurance
Commission Act 1973;
(b) the item that repeals subsections 35(2), (3) and (4) only of that
Act.
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.
Health
Insurance Commission Regulations
1 At the end of regulation
2AB
Add:
(2) For the purposes of paragraph (c) of the definition of
recognised class of functions in subsection 3(1) of the Act, the
class of functions is prescribed that is made up of the functions conferred by
paragraph (a) of subregulation 4A(1).
(3) For the purposes of paragraph (c) of the definition of
recognised class of functions in subsection 3(1) of the Act, the
class of functions is prescribed that is made up of the functions conferred by
paragraph (b) of subregulation 4A(1).
2 Regulation 4A
Repeal the regulation, substitute:
(1) For the purposes of subsection 8AA(2) of the Act, the following
functions of the Commission are prescribed:
(a) to enter into agreements with other persons (including the Governments
of other countries) for the provision by the Commission of consultancy and
management services relating to any of the expertise that the Commission has
acquired in performing its other functions;
(b) to provide, to the Commonwealth or a body established by a law of the
Commonwealth:
(i) services relating to any of the expertise that the Commission has, in
performing its other functions, acquired in a field of information technology;
or
(ii) equipment for use in the provision of information technology
services.
(2) The Commission may perform its functions under this regulation to the
extent only that they are not in excess of functions that may be conferred on it
by virtue of any of the legislative powers of the Parliament and, in particular,
may perform its functions:
(a) for purposes related to money appropriated for the purposes of the
Commonwealth; or
(b) for purposes related to the executive power of the Commonwealth;
or
(c) for purposes related to insurance (other than State insurance) not
extending beyond the limits of the State concerned; or
(d) for purposes related to pharmaceutical, sickness and hospital benefits
and medical and dental services; or
(e) for purposes related to external affairs; or
(f) for purposes related to matters incidental to the execution of any of
the legislative powers of the Commonwealth or the executive power of the
Commonwealth.
3 Amendment—references to subsection 8E(1)
of the Health Insurance Commission Act 1973
The Health Insurance Commission Regulations are amended by omitting
“subsection 8E(1)” (wherever occurring) and substituting
“subsection 8AA(2)”.
4 Transitional—regulations relating to
additional functions of the Commission
(1) This item applies to regulations that were in force immediately before
the commencement of this item for the purposes of subsection 8E(1) or (2) of the
Health Insurance Commission Act 1973.
(2) The regulations have effect after the commencement of this item as if
they had been made for the purposes of subsection 8AA(2) or (3), as the case
requires, of that Act as amended by this Act.
5 Transitional—regulations relating to
recognised classes of functions
(1) This item applies to regulations that were in force immediately before
the commencement of this item for the purposes of paragraph (c) of the
definition of recognised class of functions in subsection 3(1) of
the Health Insurance Commission Act 1973.
(2) The regulations have effect after the commencement of this item as if
they had been made for the purposes of the corresponding provision of that Act
as amended by this Act.
6
Transitional—regulations may be amended
This Schedule does not prevent the amendment or
repeal of the Health Insurance Commission Regulations by regulations made under
the Health Insurance Commission Act 1973.