2004-2005

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Health Insurance Amendment (Medical Specialists) Bill 2005

No. , 2005

(Health and Ageing)

A Bill for an Act to amend the Health Insurance Act 1973, and for related purposes



Health Insurance Amendment (Medical Specialists) Bill 2005 No. , 2005

Health Insurance Amendment (Medical Specialists) Bill 2005 No. , 2005
Contents

 

1 Short title 1

 

2 Commencement 1

 

3 Schedule(s) 2
Schedule 1--Amendment of the Health Insurance Act 1973 3

Schedule 1 Amendment of the Health Insurance Act 1973


Amendment of the Health Insurance Act 1973 Schedule 1



Health Insurance Amendment (Medical Specialists) Bill 2005 No. , 2005

Health Insurance Amendment (Medical Specialists) Bill 2005 No. , 2005

Health Insurance Amendment (Medical Specialists) Bill 2005 No. , 2005
A Bill for an Act to amend the Health Insurance Act 1973, and for related purposes
The Parliament of Australia enacts:

 

1 Short title

This Act may be cited as the Health Insurance Amendment (Medical Specialists) Act 2005.

 

2 Commencement

    (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1
Column 2
Column 3

Provision(s)
Commencement
Date/Details

 

1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table
The day on which this Act receives the Royal Assent.

 

2. Schedule 1
The 28th day after the day on which this Act receives the Royal Assent.

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 contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

 

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1--Amendment of the Health Insurance Act 1973

 

1 Subsection 3(1) (definition of consultant physician)
Omit "3E or 61", substitute "3DB or 3E".

 

2 Subsection 3(1) (definition of specialist)
Omit ", 3E or 61", substitute "or 3E".

 

3 Subsection 3(1) (definition of Specialist Recognition Advisory Committee)
Repeal the definition.

 

4 Subsection 3DB(1)
After "medical practitioner is a specialist", insert "or consultant physician".

Note: The heading to section 3DB is altered by adding at the end "or consultant physician".

 

5 Subsection 3DB(2)
After "specialist", insert "or consultant physician".

 

6 Subsections 3DB(4) and (5)
Repeal the subsections, substitute:

    (4) After receiving an application under subsection (1) or (2), the Minister must:

        (a)   determine that the medical practitioner be recognised, for the purposes of this Act, as a specialist or consultant physician (as the case requires) in the specialty; and

        (b)   notify the medical practitioner, in writing, of his or her recognition as a specialist or consultant physician in the specialty.

    (5) A notification under paragraph (4)(b) is not a legislative instrument.

 

7 Subsection 3DC(1)
After "specialist", insert "or consultant physician".

 

8 Paragraph 3GC(6A)(a)
Omit "paragraph 3D(1)(a)", substitute "section 3D".

 

9 Subsection 23DNA(4) (definition of pathologist)
Omit "section 61", substitute "section 3DB".

 

10 Division 1 of Part V
Repeal the Division.

 

11 Transitional--continued recognition of specialists and consultant physicians
For the purposes of the Health Insurance Act 1973, if a determination under section 61 of that Act is in force in relation to a medical practitioner immediately before this item commences, then, immediately after this item commences:

        (a)   the determination has effect as if it had been made under section 3DB of that Act as in force at that time; and

        (b)   if, under paragraph 61(4)(b) of that Act, the determination had effect on and from the day on which it was made--for the purposes of subsection 3DC(1) of that Act, the day on which the determination was made is taken to have been the day specified in the determination.

 

12 Transitional--existing applications to be determined by the Minister under new section 3DB
If:

        (a)   a medical practitioner has made an application under section 3DB or 61 of the Health Insurance Act 1973 as in force immediately before this item commences (the old application); and

        (b)   at that time, the old application has not yet been finally determined;
then:

        (c)   the medical practitioner is taken to have made an application (the new application) under section 3DB as in force immediately after this item commences; and

        (d)   the prescribed fee that accompanied the old application is taken to be the prescribed fee accompanying the new application.

 

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