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This is a Bill, not an Act. For current law, see the Acts databases.
1998
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Health
Legislation Amendment Bill (No. 4) 1998
No.
, 1998
(Health and Aged
Care)
A Bill for an Act to amend
legislation relating to health, and for related purposes
ISBN: 0642
387230
Contents
Part 1—Amendments relating to discounted rates of
contributions 3
Part 2—Amendments relating to loyalty bonus
schemes 7
Part 3—Amendments relating to waiting
periods 9
Part 4—Amendments relating to coverage of pharmaceutical benefits
costs 11
Part 5—Amendments relating to certain procedures rendered in approved
procedures facilities 12
Part 6—Amendments relating to specialist
services 15
Health Insurance Act
1973 16
National Health Act
1953 17
National Health Act
1953 20
A Bill for an Act to amend legislation relating to
health, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Health Legislation Amendment Act (No. 4)
1998.
(1) Subject to subsections (2) to (6), this Act commences on the day on
which it receives the Royal Assent.
(2) Subject to subsection (6), the items of Schedules 1 and 2 commence on
a day or days to be fixed by Proclamation.
(3) Subject to subsection (6), items 1 to 7 of Schedule 3 commence on a
day to be fixed by Proclamation.
(4) Items 8 to 15 of Schedule 3 commence on a day to be fixed by
Proclamation that occurs after, but not more than 24 months after, the day on
which the items referred to in subsection (3) commence.
(5) Items 16, 17 and 18 of Schedule 3 commence on a day to be fixed by
Proclamation that occurs after, but not more than 24 months after, the day on
which the items referred to in subsection (4) commence.
(6) If an item referred to in subsection (2) or (3) does not commence
within 6 months after the day on which this Act receives the Royal Assent, it
commences on the first day after the end of that period.
Subject to section 2, 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this Act is amended or repealed as set out in the applicable items in the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.
Part
1—Amendments relating to
discounted rates of contributions
1 At the end of section
73BA
Add:
(4) The Minister may, after having regard to the management expenses
incurred by all organizations, make a determination in writing of the maximum
percentage of discount that organizations, under their rules and in accordance
with paragraph (s) of Schedule 1, may offer to contributors in respect of their
rates of contribution.
(5) Determinations under subsection (4) are disallowable instruments for
the purposes of section 46A of the Acts Interpretation Act
1901.
2 Paragraph (q) of Schedule
1
Repeal the paragraph, substitute:
(q) The organization will, for each applicable benefits arrangement, and
for each table of ancillary health benefits, offered by the
organization:
(i) if the arrangement or table covers memberships consisting of a
contributor and also 2 or more other persons of whom at least one is not a
dependent child of the contributor—charge the same contribution in respect
of each such membership; and
(ii) if the arrangement or table covers memberships consisting of a
contributor and one or more dependent children of the contributor—charge
the same contribution in respect of each such membership; and
(iii) if the arrangement or table covers memberships consisting solely of
a contributor—charge the same contribution in respect of each such
membership; and
(iv) if the arrangement or table covers memberships consisting of a
contributor and one other person who is not a dependent child of the
contributor—charge the same contribution in respect of each such
membership;
unless, under the rules of the organization, a discounted rate of
contribution is payable by or in respect of such a contributor.
(r) For the purposes of paragraph (q), dependent child, in
relation to a contributor, means a person:
(i) who is covered as a dependant of the contributor; and
(ii) whom the organization accepts under its rules as a dependent child of
the contributor;
but does not include;
(iii) a person who is the spouse or partner of another person;
or
(iv) a person (other than a full-time student) who is 18 or older;
or
(v) a full-time student who is 25 or older.
(s) The rules of the organization may provide that a discounted rate of
contribution is payable by or in respect of a contributor for an applicable
benefits arrangement, or for a table of ancillary health benefits, offered by
the organization, only if at least one of the following payment circumstances
applies to the payment of contribution by or in respect of that
contributor:
(i) it is paid at least 6 months in advance;
(ii) it is paid through a payroll deduction;
(iii) it is paid through a direct debit from an account at a bank or other
financial institution;
(iv) it is paid on behalf of the contributor concerned because the
contributor is to be treated, under the rules of the organization, as belonging
to a contribution group.
(t) The rules of the organization may provide that a discounted rate of
contribution is payable by or in respect of a contributor in respect of a
payment circumstance set out in paragraph (s) only if:
(i) the percentage by which the rate of contribution is discounted does
not exceed the percentage determined by the Minister from time to time under
subsection 73BA(4); and
(ii) the discount applies in respect of the rates of contribution
applicable to each membership group referred to in paragraph (q) that is covered
by an applicable benefits arrangement or table of ancillary health benefits
offered by the organization; and
(iii) the discount, although it may be renewed, is not granted for more
than 12 months; and
(iv) the organization is satisfied, on reasonable grounds, that the
revenue forgone by providing the discount is likely to be less than, or equal
to, the reduction in management expenses attributable to that payment
circumstance.
(u) The rules of the organization, if they provide for one or more
discounted rates of contribution:
(i) will provide a full statement of all undiscounted rates of
contribution separately from those discounted rates; and
(ii) will identify each payment circumstance set out in paragraph (s) in
respect of which a discounted rate is available and indicate the amount of
discount expressed as a percentage of the undiscounted rate of contribution;
and
(iii) will preclude an entitlement to a greater discount because more than
one payment circumstance applies in respect of a contributor.
(v) The organization, if required in writing by the Minister to do so,
will provide documentary evidence to the Minister indicating how the
organization satisfied itself of the matter referred to in subparagraph
(t)(iv).
(w) The organization will comply with any direction of the Minister under
this Act served on it.
3 Saving provision
If, under an applicable benefits arrangement of an organization in force
immediately before the commencement of items 1 and 2 of this Schedule, the
organization purported to allow a contributor to the health benefits fund
conducted by that organization an entitlement to a discount in the rate of
contribution payable by that contributor, that entitlement continues to be
available after that commencement on the terms originally agreed between the
organization and the contributor despite the fact that it is not consistent with
the conditions to which registrations are subject applying after that
commencement.
Part
2—Amendments relating to
loyalty bonus schemes
4 After subsection 73BA(2)
Insert:
(2A) The Minister may determine, in writing, guidelines relating to the
establishment by an organization, under its rules and in accordance with the
conditions set out in paragraph (ma) of Schedule 1, of loyalty bonus
schemes.
(2B) Such guidelines:
(a) may cover all or any of the following:
(i) the circumstances in which organizations can offer financial benefits,
goods or services under a loyalty bonus scheme;
(ii) the types of actual and contingent financial benefits that can be
offered to a contributor, a dependant of a contributor or a third party under
such a scheme;
(iii) the types of goods or services that can be offered by the
organization or, at the instigation of the organization, by a third party, to a
contributor or dependant; and
(b) are disallowable instruments for the purposes of section 46A of the
Acts Interpretation Act 1901.
5 After paragraph (m) of Schedule
1
Insert:
(ma) The rules of the organization may permit the organization to
implement a scheme (to be known as a loyalty bonus scheme) under
which:
(i) the organization offers actual or contingent financial benefits to a
contributor to the health benefits fund conducted by the organization, or to a
dependant of such a contributor, or to a third party on behalf of such a
contributor or dependant; or
(ii) the organization offers, or arranges for a third party to offer,
goods or services to such a contributor or dependant;
in recognition of the period of time over which contributions have been
paid by or on behalf of such a contributor under an applicable benefits
arrangement or for a table of ancillary health benefits, only if the provision
of such financial benefits, goods or services is consistent with any guidelines
that are determined by the Minister under subsection 73BA(2A).
(mb) The organization will not, in determining whether a contributor or a
dependant of a contributor may participate in a loyalty bonus scheme, have
regard to any of the following matters:
(i) the suffering by the contributor, or a dependant of the contributor,
from a chronic disease, illness or other medical condition or from a disease,
illness or medical condition of a particular kind;
(ii) the age of the contributor or of a dependant of a
contributor;
(iii) the frequency of the rendering of professional services to the
contributor or to a dependant of a contributor;
(iv) the amount, or extent, of the benefits to which the contributor
becomes, or has become, entitled during a period;
(v) any matter prescribed for the purpose of this provision.
Part
3—Amendments relating to
waiting periods
6 After section 73BA
Insert:
(1) Nothing in this Act prevents a registered health benefits organization
from waiving, in whole or in part, in relation to a contributor to the health
benefits fund conducted by the organization or to any dependant of the
contributor, the requirement of a waiting period applicable to that contributor
or dependant.
(2) For the avoidance of doubt, subsection (1) applies to waiting periods
established before, as well as to waiting periods established on or after, the
day on which this section commences.
7 Paragraph (bb) of Schedule
1
Omit “paragraph (bc)”, substitute “paragraph
(j)”.
8 Paragraph (bc) of Schedule
1
Repeal the paragraph.
9 Paragraph (j) of Schedule
1
Repeal the paragraph, substitute:
(j) Except in a case to which subparagraph (ka)(i) applies, if the rules
of the organization permit the fixing of waiting periods in relation to the
provision of benefits to:
(i) a contributor to the health benefits fund conducted by that
organization: or
(ii) a dependant of that contributor;
under an applicable benefits arrangement of the organization (whether or
not that arrangement is an arrangement modified by an election of the kind
referred to in paragraph (ba)), a waiting period so fixed:
(iii) will commence, in respect of each such contributor or dependant, on
a day that is worked out in a manner specified in the regulations; and
(iv) will not exceed, in respect of an ailment, illness or condition
(including a pre-existing ailment) that is identified in the regulations, a
period that is specified in relation to that ailment, illness or
condition.
10 Paragraph (k) of Schedule
1
Repeal the paragraph.
11 Paragraph (ka) of Schedule
1
Omit “or (k)” (wherever occurring).
12 Paragraph (kc) of Schedule
1
Omit “paragraph (k)”, substitute “paragraph
(j)”.
13 Paragraph (kd) of Schedule
1
Omit “subparagraph (bc)(i) or”.
14 Saving provision
If, immediately before the commencement of items 6 to 13 of this Schedule,
a waiting period was applicable to a person under an applicable benefits
arrangement of a particular registered organization, the amendments made by
those items do not affect the circumstances in which that waiting period applies
to that person or the duration of that waiting period.
Part
4—Amendments relating to
coverage of pharmaceutical benefits costs
15 Paragraph 73A(1)(a)
After “a condition that”, insert “, except in the
circumstances set out in subsection 92B(2),”.
16 Section 92B
Repeal the section, substitute:
(1) Except as provided in subsection (2), a person who is an insurer must
not enter into a contract of insurance that comprises or contains a refund
agreement.
Penalty: 20 penalty units
(2) If:
(a) a registered organization enters into an applicable benefits
arrangement with a contributor to the health benefits fund conducted by the
organization; and
(b) the organization purports, under that arrangement, to cover 100% of
the cost to the contributor of hospital treatment provided to the contributor or
a dependant as an admitted patient at a hospital or a day hospital facility with
which the organization has a hospital purchaser-provider agreement;
the organization must provide, in its rules, that the cost so covered
includes the whole of the amount that, but for the arrangement, would be the
cost to the contributor or dependant of pharmaceutical benefits dispensed to the
contributor or dependant while the contributor or dependant is a patient at the
hospital or day hospital facility.
Part
5—Amendments relating to
certain procedures rendered in approved procedures
facilities
17 Subsection 4(1)
Insert:
approved procedures facility means premises in respect of
which a declaration under subsection 5C(1) is in force.
18 At the end of subsection
5A(1)
Add:
; or (ba) in respect of some or all of the professional services in
respect of which a medicare benefit is payable that are included within a kind
of such professional services to which this paragraph is expressed to
extend.
19 After subsection 5A(1)
Insert:
(1A) Paragraph 5A(1)(ba) extends to professional services in respect of
which a medicare benefit is payable that are determined by the Minister, for the
purposes of paragraph (bka) of Schedule 1, to be out-of-hospital procedures in
circumstances where those procedures are rendered in an approved procedures
facility.
(1B) The reference in subsection (1) to a liability to fees and charges in
respect of a professional service to which paragraph (1)(ba) extends, because of
the operation of subsection (1A), includes a reference to a liability to any
additional amount charged by the medical practitioner rendering the service that
is attributed by the medical practitioner to the additional costs related to the
rendering of the service in an approved procedures facility.
20 After section 5B
Insert:
(1) The Minister may, in writing, declare premises specified in the
declaration to be an approved procedures facility for the purposes of this Act
and the Health Insurance Act 1973.
(2) A declaration under subsection (1) may be expressed to take effect
from a day earlier than the day on which the declaration is made.
(3) A decision whether to make a declaration under this section must be in
accordance with any guidelines in force under subsection (4).
(4) The Minister may, by written instrument, make guidelines relating to
the making of such decisions.
(5) The guidelines are disallowable instruments for the purposes of
section 46A of the Acts Interpretation Act 1901.
21 Before subsection
73BA(3)
Insert:
(2C) The Minister may determine, in writing, that a professional service
in respect of which a medicare benefit is payable is an out-of-hospital
procedure if the Minister is satisfied:
(a) that it is a procedure that, if performed in a hospital or day
hospital, would involve an episode of hospital treatment; but
(b) that it is a procedure that can appropriately be performed in an
approved procedures facility instead of a hospital or day hospital
facility;
and, where the Minister makes such a determination in respect of a
professional service, the Minister may also determine an amount, to be known as
the facility benefit, in respect of additional costs related to the rendering of
that service in the approved procedures facility.
(2D) Determinations made under subsection (2C) are disallowable
instruments for the purposes of section 46A of the Acts Interpretation Act
1901.
22 After paragraph (bk) of Schedule
1
Insert:
(bka) Subject to paragraph (bkb), the level of benefit that is payable in
respect of the performance, in an approved procedures facility, of a
professional service:
(i) that is determined by the Minister, under subsection 73BA(2C), to be
an out-of-hospital procedure; and
(ii) that is covered by an applicable benefits arrangement of the
organization;
must be an amount at least equal to:
(iii) if the medical expenses incurred in respect of the service are
greater than or equal to the Schedule fee (within the meaning of Part II of the
Health Insurance Act 1973) in respect of the service—the sum of 25%
of the Schedule fee and the facility benefit determined by the Minister under
that subsection in respect of that service; or
(iv) if the medical expenses incurred in respect of the service are less
than the Schedule fee—the sum of the amount (if any) by which the medical
expenses incurred exceed 75% of the Schedule fee and the facility benefit
determined by the Minister under that subsection in respect of the
service.
(bkb) The amount of benefit referred to in paragraph (bka) must not exceed
the amount referred to in subparagraph (bka)(iii) or (iv) (whichever is
applicable) unless the professional service is rendered by a medical
practitioner with whom the organization has a medical purchaser-provider
agreement that applies to that service.
Part
6—Amendments relating to
specialist services
23 Before subsection 5A(2)
Insert:
(1C) Paragraph 5A(1)(ba) extends to professional services in respect of
which medicare benefit are payable:
(a) that are rendered by a specialist otherwise than to a patient in a
hospital or a day hospital facility; and
(b) that are not professional services that have been determined by the
Minister, for the purposes of paragraph (bka) of Schedule 1, to be
out-of-hospital procedures.
24 After paragraph (bd) of Schedule
1
Insert:
(bda) The organization may, under an applicable benefits arrangement of
the organization, permit contributors to contribute for benefits in respect of
the provision of professional services of the kind referred to in subsection
5A(1C) only if those services are provided in accordance with the terms of a
medical purchaser-provider agreement entered into by the organization with the
specialist concerned.
(bdb) The organization will ensure that if, under an applicable benefits
arrangement of the organization, contributors are entitled to contribute for
benefits in relation to the provision of professional services of the kind
referred to in subsection 5A(1C), it will identify the contribution, or
additional contribution, payable by the contributor in respect of those benefits
distinct from any contribution payable by the contributor in relation to any
other benefits:
(i) provided under the arrangement; or
(ii) provided under any table of ancillary health benefits.
1 Paragraph 20A(2A)(a)
Repeal the paragraph, substitute:
(a) a medicare benefit would, apart from this section, be payable to an
eligible person in respect of:
(i) the rendering to a patient of a professional service while the patient
is being provided with hospital treatment in a hospital or day hospital
facility; or
(ii) the rendering, by a medical practitioner, in an approved procedures
facility, of a professional service that has been determined by the Minister
under subsection 73BA(2C) of the
National
Health Act 1953 to be an out-of-hospital procedure; or
(iii) the provision by a specialist of a professional service other than a
professional service rendered during an episode of hospital treatment or to
which subparagraph (ii) applies; and
2 Paragraph 20A(2C)(a)
Repeal the paragraph, substitute:
(a) a medicare benefit would, apart from this section, be payable to an
eligible person in respect of:
(i) the rendering to a patient of a professional service while the patient
is being provided with hospital treatment in a hospital or day hospital
facility; or
(ii) the rendering, by a medical practitioner, in an approved procedures
facility, of a professional service that has been determined by the Minister
under subsection 73BA(2C) of the National Health Act 1953 to be an
out-of-hospital procedure; or
(iii) the provision by a specialist of a professional service other than a
professional service rendered during an episode of hospital treatment or to
which subparagraph (ii) applies; and
3 After section 5A(2)
Insert:
(2A) Subsection (1) does not imply that an applicable benefits arrangement
entered into by a registered organization with a contributor to the health
benefits fund conducted by the organization cannot deal with the liability of
that contributor to fees and charges in respect of more than one of the various
kinds of professional services to which paragraph (1)(ba) is expressed to extend
whether or not the arrangement also deals with:
(a) hospital treatment and professional services to which paragraph (1)(a)
applies; or
(b) professional services to which paragraph (1)(b) applies.
Note: The meaning of fees and charges in respect of any kind
of professional services to which paragraph (1)(ba) is expressed to extend
because of subsection (1A) is modified because of the operation of subsection
(1B).
4 After section 5A
Insert:
If a registered organization changes its constitution, its articles of
association or its rules so that the constitution, articles or rules as
changed:
(a) provide, or purport to provide, for discounted rates of contribution
to the health benefit fund conducted by that organization; or
(b) implement, or purport to implement, loyalty bonus schemes of the kind
referred to in paragraph (ma) of Schedule 1 for certain contributors to the
health benefits fund contributed by that organization;
those changes in the constitution, articles or rules are not to be taken,
for any purpose of this Act, to be changes that relate to the rate of
contribution of contributors to that fund.
5 Subsection 67(4) (paragraph (a) of the
definition of accident and sickness insurance
business)
Repeal the paragraph, substitute:
(a) any such business where liability is undertaken with respect to loss
arising out of a liability to pay fees or charges in relation to:
(i) the provision in Australia of hospital treatment or an ancillary
health benefit; or
(ii) the rendering, by a medical practitioner, in an approved procedures
facility, of a professional service that has been determined by the Minister
under subsection 73BA(2C) to be an out-of-hospital procedure; or
(iii) the provision by a specialist of a professional service other than a
professional service rendered during an episode of hospital treatment or to
which subparagraph (ii) applies; or
6 Subsection 67(4) (paragraph (a) of the
definition of health insurance business)
Repeal the paragraph, substitute:
(a) with respect to loss arising out of a liability to pay fees or charges
in relation to:
(i) the provision in Australia of hospital treatment or an ancillary
health benefit; or
(ii) the rendering, by a medical practitioner, in an approved procedures
facility, of a professional service that has been determined by the Minister
under subsection 73BA(2C) to be an out-of-hospital procedure; or
(iii) the provision by a specialist of a professional service other than a
professional service rendered during an episode of hospital treatment or to
which subparagraph (ii) applies; or
7 Subsection 73BDA(6)
Repeal the subsection, substitute:
(6) A reference in this section to a professional service is a reference
to a professional service in respect of which a medicare benefit is
payable:
(a) that is rendered by a medical practitioner to a patient while hospital
treatment is provided to the patient in a hospital or a day hospital facility;
or
(b) that is rendered by a medical practitioner to a contributor to the
health benefits fund conducted by a registered organization or to a dependant of
that contributor as an out-of-hospital procedure determined by the Minister
under subsection 73BA(2C) and provided in an approved procedures facility;
or
(c) that:
(i) is rendered by a specialist to a contributor to the health benefits
fund conducted by a registered organization or to a dependant of that
contributor; and
(ii) is not a professional service to which either paragraph (a) or (b)
applies.
8 Subsection 73BDA(8)
Omit “in a hospital”.
9 Paragraph (bf) of Schedule
1
After “of the organization”, insert “that relates to
benefits in respect of matters referred to in paragraph 5A(1)(a) or (b),
irrespective of any other matters to which it may relate,”.
1 Subsection 78(1)
Omit “the registered organization changes”, substitute
“the registered organization makes any change (other than a change
relating to rates of contribution by the contributors) in”.
2 Subsection 78(1A)
Repeal the subsection, substitute:
(1A) The notification must reach the Secretary not later than 60 days, or
such other period (if any) as is determined by the Minister on application from
the organization, before the change is to come into operation.
3 Subsection 78(2A)
Omit “paragraph (1A)(a)”, substitute “subsection
(1A)”.
4 Subsection 78(4)
Repeal the subsection, substitute:
(4) If the Minister is of the opinion that a change:
(a) would or might result in a breach of this Act or of a condition of
registration; or
(b) imposes an unreasonable or inequitable condition affecting the rights
of any contributor; or
(c) might, having regard to the advice of the Council, adversely affect
the financial stability of the health benefits fund; or
(d) might, if the substance of the change were adopted by other registered
organizations, adversely affect the interests of the private health insurance
industry; or
(e) would otherwise be contrary to the public interest;
the Minister may, before the day on which the change would otherwise come
into operation, declare in writing that the change is not to come into
operation.
5 After section 78
Insert:
(1) If, after the registration of an organization under this Part, the
registered organization makes, in relation to the rates of contribution by
contributors, any changes in:
(a) the constitution of the organization; or
(b) the articles of association of the organization; or
(c) the rules of the organization;
the registered organization must ensure that the Secretary receives
notification of the change in accordance with this section.
(2) The notification must reach the Secretary:
(a) if paragraph (b) does not apply—not later than 14 days, or such
other period (if any) as is declared in writing by the Minister, before the
change is to come into operation; or
(b) if:
(i) the organization applies to the Minister to reduce the period referred
to in paragraph (a) in relation to a particular notification; and
(ii) before the change is to come into operation, the Minister determines
a lesser period;
not later than the lesser period before the change is to come into
operation.
(3) Within a reasonable time after receiving the notification, the
Secretary must give the organization written acknowledgment of its
receipt.
(4) The notification must be in writing in a form approved by the
Minister.
(5) The notification must:
(a) identify the change; and
(b) show that the change is consistent with this Act and the conditions of
registration of the organization.
(6) A declaration under paragraph (2)(a) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
(7) If subsection (1) or (5) is not complied with in relation to a change,
the change is not to come into operation.
(8) If the Minister is of the opinion that a change:
(a) would or might result in a breach of this Act or of a condition of
registration of an organization;
(b) imposes an unreasonable or inequitable condition affecting the rights
of any contributor; or
(c) might, having regard to the advice of the Council, adversely affect
the financial stability of a health benefits fund; or
(d) might, if the substance of the change were adopted by other registered
organizations, adversely affect the interests of the private health insurance
industry; or
(e) would otherwise be contrary to the public interest.
the Minister may, before the day on which the change would otherwise come
into operation, declare that the change is not to come into operation.
(9) The Secretary must tell the Council of any declaration made by the
Minister under subsection (8).
(10) Where the Minister makes a declaration under subsection (8) in
relation to a notification by an organization, the Secretary must tell the
organization of the declaration.
6 After subsection 105AB(5)
Insert:
(5A) An application may be made to the Tribunal for review of a decision
of the Minister under subsection 78A(8).
7 Application provision concerning items 1 to
6
(1) Subject to subitem (2), the amendments made by items 1 to 6 apply only
in relation to a change that is notified to the Secretary on or after the date
of commencement of those items.
(2) A change that was notified to the Secretary before the date of the
commencement of those items and which, but for those items, the Minister could,
on or after that date, have declared under subsection 78(4) not to have come
into operation, are to be dealt with by the Minister as if the amendments made
by those items had not been made.
8 Paragraph 73BE(1)(a)
Repeal the paragraph.
9 Subsections 78A(1), (2) and
(3)
Omit “Secretary” (wherever occurring), substitute
“Council”.
10 Paragraphs 78A(2)(a) and (b), subsections
78A(4) and (8)
Omit “Minister” (wherever occurring), substitute
“Council”.
11 Paragraph 78A(8)(c)
Omit “, having regard to the advice of the Council,”.
12 Subsections 78A(9) and
(10)
Repeal the subsections, substitute:
(9) If the Council makes a declaration under subsection (8) in relation to
the notification by an organization, the Council must provide a copy of the
declaration under that subsection to the Secretary and to the organizations
concerned.
(10) The Council must, at least once in each financial year, give the
Secretary a report on all changes in the instruments of organizations that
relate to rates of contributions.
13 After paragraph
82G(1)(d)
Insert:
(da) to declare, under section 78A, that the changes made by a registered
organization in relation to rates of contribution by contributors are not to
come into effect and also to exercise related functions under that
section;
14 Subsection 105AB(5A)
Repeal the subsection, substitute:
(5A) An application may be made to the Tribunal for review of:
(a) a decision of the Minister under subsection (8) of section 78 as that
section is preserved in accordance with subitem 15(2) of Schedule 3 to the
Health Legislation Amendment Act (No. 4) 1998; or
(b) a decision of the Council under that subsection.
15 Application provision concerning items 8 to
14
(1) Subject to subitem (2), the amendments of section 78A of the
National Health Act 1953 made by items 8 to 14 apply only in relation to
a change that is notified to the Council on or after the commencement of those
items.
(2) A change that was notified to the Secretary under that section before
the date of commencement of those items and which, but for those items, the
Minister could, on or after that date, have declared under subsection 78A(8) not
to have come into operation, may be dealt with by the Minister under that
section as if those items had not been enacted.
16 Section 78A
Repeal the section.
17 Paragraph 82G(1)(da)
Repeal the paragraph.
18 Subsection 105AB(5A)
Repeal the subsection.