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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Health
and Ageing Legislation Amendment Bill
2003
No. ,
2003
(Health and
Ageing)
A Bill for an Act to amend
legislation about health and ageing, and for related
purposes
Contents
Part 1—Pharmaceutical Benefits Advisory Committee
membership 5
National Health Act
1953 5
Part 2—Special supply
arrangements 6
Health Insurance Act
1973 6
Health Insurance Commission Act
1973 6
National Health Act
1953 6
Veterans’ Entitlements Act
1986 10
Part 3—Pharmacists supplying benefits at or from other premises
before approval 11
National Health Act
1953 11
Part 4—Safety net
provisions 13
National Health Act
1953 13
Part 5—Approved hospital
authorities 14
National Health Act
1953 14
Part 6—Cancellation of
approvals 15
National Health Act
1953 15
National Health Act
1953 16
Health Insurance Act
1973 17
Health Insurance Act
1973 18
Aged Care Act
1997 19
Health Insurance Act
1973 21
A Bill for an Act to amend legislation about health and
ageing, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Health and Ageing Legislation
Amendment Act 2003.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
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Commencement information |
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Column 1 |
Column 2 |
Column 3 |
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Provision(s) |
Commencement |
Date/Details |
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1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
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2. Schedule 1 |
The day on which this Act receives the Royal Assent |
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The 28th day after the day on which this Act receives the Royal
Assent |
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4. Schedules 3 and 4 |
The day on which this Act receives the Royal Assent |
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5. Schedule 5, item 1 |
The day on which this Act receives the Royal Assent |
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6. Schedule 5, item 2 |
Immediately after the commencement of paragraph 9-1(2)(c) of the Aged
Care Act 1997 |
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7. Schedule 5, item 3 |
Immediately after the commencement of paragraph 16-1(2)(c) of the Aged
Care Act 1997 |
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8. Schedule 5, item 4 |
Immediately after the commencement of paragraph 39-3(6)(a) of the Aged
Care Act 1997 |
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9. Schedule 5, item 5 |
Immediately after the commencement of paragraph 44-6(5)(a) of the Aged
Care Act 1997 |
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10. Schedule 5, item 6 |
Immediately after the commencement of item 13 of Schedule 1 to
the Aged Care Amendment (Omnibus) Act 1999 |
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11. Schedule 5, item 7 |
Immediately after the commencement of paragraph 44-8B(c) of the Aged
Care Act 1997 |
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12. Schedule 5, item 8 |
Immediately after the commencement of subsection 44-24(5) of the Aged
Care Act 1997 |
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13. Schedule 5, item 9 |
Immediately after the commencement of subsection 54-1(2) of the Aged
Care Act 1997 |
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14. Schedule 5, item 10 |
Immediately after the commencement of paragraphs 56-1(ka) and (kc) of the
Aged Care Act 1997 |
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15. Schedule 5, item 11 |
Immediately after the commencement of paragraph 56-3(ia) of the Aged
Care Act 1997 |
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16. Schedule 5, item 12 |
Immediately after the commencement of paragraph 56-3(ib) of the Aged
Care Act 1997 |
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17. Schedule 5, item 13 |
Immediately after the commencement of paragraph 56-3(ic) of the Aged
Care Act 1997 |
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18. Schedule 5, item 14 |
Immediately after the commencement of subparagraph 57-2(1)(aa)(ii) of the
Aged Care Act 1997 |
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19. Schedule 5, item 15 |
Immediately after the commencement of subparagraph 57A-2(1)(a)(iii) of the
Aged Care Act 1997 |
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20. Schedule 5, item 16 |
Immediately after the commencement of items 4 and 5 of Schedule 1
to the Aged Care Amendment Act 2000 |
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21. Schedule 5, item 17 |
Immediately after the commencement of section 85-1 (table
item 50) of the Aged Care Act 1997 |
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22. Schedule 5, items 18 and 19 |
The day on which this Act receives the Royal Assent |
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23. Schedule 5, items 20 to 22 |
Immediately after the commencement of item 56 of Schedule 1 to
the Public Employment (Consequential and Transitional) Amendment Act
1999 |
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24. Schedule 5, item 23 |
Immediately after the commencement of paragraph 16B(1)(a) of the Health
Insurance Act 1973 |
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25. Schedule 5, item 24 |
Immediately after the commencement of subsection 16B(6) of the Health
Insurance Act 1973 |
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26. Schedule 5, items 25 to 30 |
Immediately after the commencement of section 19AB of the Health
Insurance Act 1973 |
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27. Schedule 5, item 31 |
Immediately after the commencement of subsection 61(9) of the Health
Insurance Act 1973 |
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Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
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—Pharmaceutical
Benefits Advisory Committee membership
1 Subsection 100A(2)
Omit “11”, substitute “at least 11, but not more than
15,”.
2 Subsection 100A(3)
Omit “The Committee is to include 8 members”, substitute
“Members forming at least
2/3 of the total
membership of the Committee are to be”.
3 Subsection 100A(4)
After “members”, insert “(if any)”.
4 Subsection 100B(3)
Repeal the subsection, substitute:
(3) The performance of the functions and the exercise of the powers of the
Committee are not affected merely because the number of members of the Committee
falls below 12 for a period of not more than 6 months.
Part 2—Special
supply arrangements
5 Subsection 81(1) (definition of pharmaceutical
benefit)
Repeal the definition, substitute:
pharmaceutical benefit means:
(a) a pharmaceutical benefit as defined in Part VII of the
National Health Act 1953; or
(b) a special pharmaceutical product as defined in that Part.
Health Insurance Commission
Act 1973
6 Subsection 3(1) (definition of pharmaceutical
benefit)
Repeal the definition, substitute:
pharmaceutical benefit means:
(a) a pharmaceutical benefit as defined in Part VII of the
National Health Act 1953; or
(b) a special pharmaceutical product as defined in that Part.
7 Subsection 84(1)
Insert:
special pharmaceutical product has the meaning given by
subsection 100AA(1).
8 At the end of subsection
85(1)
Add:
Note: The Commonwealth may also provide the drugs and
medicinal preparations covered by subsection 100AA(1) under special arrangements
made under section 100.
9 Section 100
Repeal the section, substitute:
(1) The Minister may make special arrangements for providing that an
adequate supply of special pharmaceutical products will be available to
persons:
(a) who are living in isolated areas; or
(b) who are receiving medical treatment in such circumstances that
pharmaceutical benefits:
(i) cannot be conveniently or efficiently supplied in accordance with this
Part (other than this section); or
(ii) are inadequate for that medical treatment.
(2) The Minister may vary or revoke a special arrangement made under
subsection (1).
(3) This Part has effect subject to a special arrangement made under
subsection (1).
Note: For example, for a drug declared under subsection
85(2), it does not matter if a special arrangement for its supply is
inconsistent with a determination made under subsection 85(3) or
section 85A for the drug.
Special pharmaceutical products
(1) A special pharmaceutical product is a drug or medicinal
preparation:
(a) declared to be a drug or medicinal preparation to which this section
applies; or
(b) composed of:
(i) one or more of the drugs or medicinal preparations covered by
paragraph (a); and
(ii) one or more additives declared to be additives to which this section
applies; or
(c) declared under subsection 85(2).
(2) The Minister may declare in writing:
(a) that a drug or medicinal preparation is a drug or medicinal
preparation to which this section applies; or
(b) that an additive to a drug or medicinal preparation covered by
paragraph (a) is an additive to which this section applies.
Note: For declaration by class, see subsection 46(2) of the
Acts Interpretation Act 1901.
(3) The Minister may vary or revoke a declaration under
subsection (2) by written instrument.
Note: This subsection expresses a contrary intention for the
purposes of subsection 33(3) of the Acts Interpretation Act
1901.
Role of the Pharmaceutical Benefits Advisory Committee
(4) The Minister must not:
(a) make a declaration under subsection (2); or
(b) make a written instrument varying a declaration made under
subsection (2) so that the declaration covers an additional drug or
medicinal preparation or additive;
unless the Pharmaceutical Benefits Advisory Committee (the
Committee) has recommended that the Minister do so.
(5) The Minister must obtain the written advice of the Committee before
making a written instrument:
(a) revoking a declaration made under subsection (2); or
(b) varying a declaration made under subsection (2) so that the
declaration no longer covers a drug or medicinal preparation or
additive.
Parliamentary scrutiny
(6) Each of the following is a disallowable instrument for the purposes of
section 46A of the Acts Interpretation Act 1901:
(a) a declaration made under subsection (2);
(b) a written instrument made under subsection (3).
(7) The Minister must cause a copy of an advice described in
subsection (5) to be presented to each House of the Parliament:
(a) with the corresponding instrument described in that subsection;
and
(b) when that instrument is presented to that House in accordance with
section 46A of the Acts Interpretation Act 1901.
10 Saving current special
arrangements
(1) A special arrangement that, immediately before the commencement of this
Part, was in force under section 100 of the National Health Act 1953
is taken to be, immediately after that commencement, in force under that section
as in force immediately after that commencement.
(2) This item does not prevent a special arrangement covered by
subitem (1) from being varied or revoked by the Minister after the
commencement of this Part.
11 Section 101
After “as pharmaceutical benefits” (wherever occurring), insert
“or special pharmaceutical products”.
12 Section 114
After “benefits”, insert “or special pharmaceutical
products”.
13 Section 116
After “benefits”, insert “or special pharmaceutical
products”.
14 Subsection 133(1)
After “benefits” (first occurring), insert “or special
pharmaceutical products”.
15 Section 134
After “benefit” (wherever occurring), insert “or special
pharmaceutical product”.
16 Subsection 135A(5A)
After “benefits” (first occurring), insert “or special
pharmaceutical products”.
17 Subsection 135A(5A)
Omit “pharmaceutical benefits” (last occurring), substitute
“benefits or products”.
18 Subsection 135A(5C)
After “benefit” (wherever occurring), insert “or special
pharmaceutical product”.
19 Subsection 135A(8)
After “pharmaceutical benefit”, insert “or special
pharmaceutical product”.
20 Subsection 135A(8)
After “benefit” (last occurring), insert “or
product”.
21 Subsection 135A(24)
Insert:
special pharmaceutical product has the same meaning as in
Part VII.
22 Subsection 135AA(11) (definition of
Pharmaceutical Benefits Program)
After “benefits”, insert “and special pharmaceutical
products”.
Veterans’
Entitlements Act 1986
23 Subsection 118K(7) (paragraph (b) of the
definition of pharmaceutical benefit)
Repeal the paragraph, substitute:
(b) a drug or medicinal preparation:
(i) in relation to which Part VII of the National Health Act
1953 applies because of section 85 of that Act; or
(ii) that is a special pharmaceutical product (as defined in that
Part).
Part 3—Pharmacists
supplying benefits at or from other premises before
approval
24 At the end of paragraph
84C(4)(a)
Add:
Note: Sometimes a supply can still be taken into account if
the pharmacist is approved later. See subsection 99(3B).
25 At the end of paragraph
89(a)
Add:
Note: Sometimes the person will still be entitled to receive
the pharmaceutical benefit if the pharmacist is approved later. See subsection
99(3B).
26 After subsection 99(3)
Insert:
(3A) Despite paragraph (3)(b), if:
(a) a pharmacist is an approved pharmacist in respect of particular
premises; and
(b) the pharmacist supplies a pharmaceutical benefit (the
pre-approval benefit) at or from other premises before obtaining
approval under section 90 in respect of those other premises; and
(c) the pharmacist later obtains approval (the later
approval) under that section to supply pharmaceutical benefits at or
from those other premises;
then, because of the later approval:
(d) the pharmacist is entitled to a payment of 90% of the amount that the
pharmacist would have been entitled to be paid in respect of the supply of the
pre-approval benefit had the later approval been in force at the time of its
supply; and
(e) if the amount already received by the pharmacist in respect of the
pre-approval benefit exceeds the amount that the pharmacist is entitled to under
paragraph (d), the amount of the excess is to be set off against future
entitlements under this section.
(3B) The pre-approval benefit is taken to have been supplied in accordance
with subparagraph 84C(4)(a)(i) and paragraph 89(a) if, under
subsection (3A) of this section, the pharmacist is entitled to an amount in
respect of the supply.
27 Paragraphs 84DA(1)(a) and
(2)(a)
After “person applies”, insert “, either personally or
through the person’s agent,”.
28 At the end of paragraph
84DA(3)(c)
Add “or by the person’s agent”.
29 Paragraph 84DA(5)(a)
After “person applies”, insert “, either personally or
through the person’s agent,”.
30 Paragraphs 84E(1)(a) and
(2)(a)
After “person applies”, insert “, either personally or
through the person’s agent,”.
31 At the end of paragraph
84E(3)(c)
Add “or by the person’s agent”.
32 Paragraph 84E(5)(a)
After “person applies”, insert “, either personally or
through the person’s agent,”.
Part 5—Approved
hospital authorities
33 Subsections 94(5C) and (6)
Repeal the subsections.
Part 6—Cancellation
of approvals
34 Subsections 98(2), (3) and (3A), 98AA(2) and
(3)
After “may”, insert “(at his or her
discretion)”.
35 Application
The amendment of subsections 98(2), (3) and (3A) and 98AA(2) and (3) of the
National Health Act 1953 made by this Schedule applies to cancellation
for stopping, after the commencement of this item:
(a) the carrying on of a business; or
(b) a practice; or
(c) the conduct of a hospital.
1 Paragraph 73BDA(2)(a)
Repeal the paragraph.
2 Paragraph 73BDA(2)(b)
Omit “in each such account”, substitute “, in each
account for an amount described in paragraph (1)(a),”.
1 Transitional—specialist
recognition
(1) This item applies to a medical practitioner if, immediately before
28 June 2001, a determination was in effect under paragraph 3D(1)(c) of the
old Act that the practitioner be recognised for the purposes of that Act as a
specialist in a particular specialty.
(2) The Minister is taken to have made a determination (the deemed
determination) under paragraph 3DB(4)(a) of the new Act that the
practitioner be recognised for the purposes of the new Act as a specialist in
that specialty.
(3) The deemed determination is taken:
(a) to have been made on 28 June 2001; and
(b) despite subsection 3DC(1) of the new Act, to have had effect on and
after the day the determination described in subitem (1) commenced having
effect.
(4) This item does not prevent the deemed determination from ceasing to be
in force before or after the commencement of this item.
(5) In this item:
new Act means the Health Insurance Act 1973 as in
force on and after 28 June 2001.
old Act means the Health Insurance Act 1973 as in
force immediately before 28 June 2001.
2 At the end of subsection
3DA(3)
Add:
Note: A medical practitioner’s recognition as a
specialist cannot cease under this subsection if that recognition is due to
Schedule 3 to the Health and Ageing Legislation Amendment Act
2003.
1 Subsection 19AB(7) (definition of professional
service)
Repeal the definition, substitute:
professional service does not include a service of a kind
referred to in paragraph (b), (ba) or (c) of the definition of
professional service in subsection 3(1).
1 At the end of Division 1
Add:
Tables of Divisions and tables of Subdivisions do not form part of this
Act.
2 Paragraph 9-1(2)(c)
Omit “applicant”, substitute “approved
provider”.
3 Paragraph 16-1(2)(c)
Omit “subsection 16-4(1)”, substitute
“section 16-4”.
4 Paragraph 39-3(6)(a)
Omit “no submission was made under subsection (4)”,
substitute “no submission described in subsection (2) was
made”.
5 Paragraph 44-6(5)(a)
Before “*accommodation bond”,
insert “an”.
6 Paragraph 44-6(5)(a)
Before “*accommodation
charge”, insert “an”.
7 Paragraph 44-8B(c)
Before “*accommodation
charge”, insert “an”.
8 Subsection 44-24(5)
Omit “of more”, substitute “or more”.
9 Subsection 54-1(2)
Omit “this subsection”, substitute
“subsection (1)”.
10 Paragraphs 56-1(ka) and (kc)
Before “accommodation charge”, insert
“an”.
11 Paragraph 56-3(ia)
Before “accommodation charge”, insert
“an”.
12 Paragraph 56-3(ib)
Omit “(ka)”, substitute “(ia)”.
13 Paragraph 56-3(ic)
Before “accommodation charge”, insert
“an”.
14 Subparagraph 57-2(1)(aa)(ii)
Omit “, of”, substitute “, or”.
15 Subparagraph
57A-2(1)(a)(iii)
Omit “, of”, substitute “, or”.
16 Paragraphs 66-1(b) and (c)
Omit “the the” (wherever occurring), substitute
“the”.
17 Section 85-1 (table
item 50)
Omit “57-5(1)”, substitute “57-5(2)”.
18 Section 85-1 (cell at table item 52,
column headed “Decision”)
Repeal the cell, substitute:
|
|
To specify a period or event at the end of which, or on the occurrence of
which, a determination under subsection 57-14(1) ceases to be in force |
|
19 Section 85-1 (cell at table item 53B,
column headed “Decision”)
Repeal the cell, substitute:
|
|
To specify a period or event at the end of which, or on the occurrence of
which, a determination under subsection 57A-9(1) ceases to be in force |
|
20 Section 86-7
Omit “*officer”, substitute
“officer”.
Note: The term officer should not be
asterisked because the definition of this term in clause 1 of
Schedule 1 to the Aged Care Act 1997 was repealed by item 56 of
Schedule 1 to the Public Employment (Consequential and Transitional)
Amendment Act 1999.
21 Section 90-3
Omit “*officer”, substitute
“officer”.
Note: The term officer should not be
asterisked because the definition of this term in clause 1 of
Schedule 1 to the Aged Care Act 1997 was repealed by item 56 of
Schedule 1 to the Public Employment (Consequential and Transitional)
Amendment Act 1999.
22 Section 96-2
Omit “*officer” (wherever
occurring), substitute “officer”.
Note: The term officer should not be
asterisked because the definition of this term in clause 1 of
Schedule 1 to the Aged Care Act 1997 was repealed by item 56 of
Schedule 1 to the Public Employment (Consequential and Transitional)
Amendment Act 1999.
23 Paragraph 16B(1)(a)
Omit “speciality” (wherever occurring), substitute
“specialty”.
24 Subsection 16B(6)
Omit “speciality” (wherever occurring), substitute
“specialty”.
25 Paragraph 19AB(1)(b)
Omit “the person” (first occurring), substitute “all of
the following conditions are satisfied”.
Note: Items 25 to 27 of this Schedule ensure that
paragraph 19AB(1)(b) of the Health Insurance Act 1973 is
grammatical.
26 Subparagraph 19AB(1)(b)(i)
Before “was”, insert “the person”.
27 Subparagraphs 19AB(1)(b)(i) and
(ii)
Omit “and”.
28 Paragraph 19AB(2)(b)
Omit “the person” (first occurring), substitute “all of
the following conditions are satisfied”.
Note: Items 28 to 30 of this Schedule ensure that
paragraph 19AB(2)(b) of the Health Insurance Act 1973 is
grammatical.
29 Subparagraph 19AB(2)(b)(i)
Before “was”, insert “the person”.
30 Subparagraphs 19AB(2)(b)(i) and
(ii)
Omit “and”.
31 Subsection 61(9)
Omit “speciality”, substitute
“specialty”.