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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Health
Legislation Amendment Bill (No. 4) 1999
No.
, 1999
(Health and Aged
Care)
A Bill for an Act to amend
legislation relating to health, and for related purposes
ISBN: 0642 42649X
Contents
Health Insurance Act
1973 4
Health Insurance (Pathology) (Licence Fee) Act
1991 14
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)
1999.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Items 5, 6, 23, 24, 25, 28, 31, 33, 34, 35, 36, 37, 38, 40, 41, 42,
43, 45, 46, 48, 52, 53, 54 and 55 of Schedule 1 commence on 1 July
2000.
(3) Items 1, 3, 4, 8, 10, 11, 12, 13, 14, 15 and 16 of Schedule 1 commence
on the 90th day after the day on which this Act receives the Royal
Assent.
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Act is amended or repealed as set out in the applicable items in the Schedule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.
(1) A dental practitioner approval that was granted in writing before the
commencement of item 2 of Schedule 1 may be repealed, rescinded, amended or
varied under subsection 33(3) of the Acts Interpretation Act 1901 as if
the amendment made by that item had been in force at the time the approval was
granted. For this purpose, dental practitioner approval means an
approval for the purposes of paragraph (b) of the definition of
professional service in subsection 6(1) of the Health Insurance
Act 1973.
(2) Despite the amendments made by items 1, 3, 4, 8, 10, 11, 12, 13, 14,
15 and 16 of Schedule 1:
(a) section 3J of the Health Insurance Act 1973 continues to have
effect in relation to individual exemptions granted under that section before
its repeal; and
(b) sections 19AA and 19AB of that Act continue to have effect in relation
to individual exemptions granted under section 3J of that Act before its repeal,
as if those sections had not been amended by this Act.
For this purpose, individual exemption means an exemption
that relates to an individual (rather than to a class of people).
(3) Despite the repeal of section 23DNAA of the Health Insurance Act
1973, that section continues to have effect, until 1 July 2000, for the
purposes of section 23DND of that Act.
(4) Approvals granted before 1 July 2000 under section 23DNBA of the
Health Insurance Act 1973 cannot commence to have effect before 1 July
2000.
(5) For specimens collected before 1 July 2000, subparagraphs
16A(5AA)(d)(ii) and (iii) of the Health Insurance Act 1973 (as in force
immediately before 1 July 2000) continue to have effect as if the amendments
made by this Act had not been made.
(6) Despite the amendment made by item 39 of Schedule 1, section 23DNJ of
the Health Insurance Act 1973 has effect until 1 July 2000 as if the
reference in that section to an application for an approval included a reference
to an application for a licence under section 23DNE of that Act.
1
Subsection 3(1) (note at the end of the definition of
medical
practitioner)
Repeal the note.
2
Subsection 3(1) (paragraph (b) of the definition of
professional
service)
After “approved by the Minister”, insert “in
writing”.
Repeal the section.
Repeal the section.
5
Subparagraph 16A(5AA)(d)(ii)
Omit “a licensed collection centre”, substitute “an
approved collection centre”.
6
Subparagraph 16A(5AA)(d)(iii)
Repeal the subparagraph, substitute:
(iii) premises of a recognised hospital, being premises at which hospital
treatment is provided; or
Omit “and before 1 January 2002”.
Repeal the subparagraph, substitute:
(v) a person who is covered by an exemption under subsection 19AB(3),
being a person who is neither an Australian citizen nor a permanent resident
within the meaning of the Migration Act 1958.
Omit “and before 1 January 2002”.
Repeal the subparagraph, substitute:
(v) a person who is covered by an exemption under subsection 19AB(3),
being a person who is neither an Australian citizen nor a permanent resident
within the meaning of the Migration Act 1958.
Repeal the paragraph.
Repeal the paragraph, substitute:
(d) both of the following conditions are satisfied:
(i) the person first became a medical practitioner before the commencement
of this subparagraph;
(ii) the service was rendered after the end of the period of 10 years
beginning when the person first became a medical practitioner; or
(e) both of the following conditions are satisfied:
(i) the person was a permanent Australian at the time when the person
first became a medical practitioner;
(ii) the service was rendered after the end of the period of 10 years
beginning when the person first became a medical practitioner; or
(f) both of the following conditions are satisfied:
(i) the person became a permanent Australian after the time when the
person first became a medical practitioner;
(ii) the service was rendered after the end of the period of 10 years
beginning when the person became a permanent Australian.
Repeal the paragraph.
Repeal the paragraph, substitute:
(d) both of the following conditions are satisfied:
(i) the person first became a medical practitioner before the commencement
of this subparagraph;
(ii) the service was rendered after the end of the period of 10 years
beginning when the person first became a medical practitioner; or
(e) both of the following conditions are satisfied:
(i) the person was a permanent Australian at the time when the person
first became a medical practitioner;
(ii) the service was rendered after the end of the period of 10 years
beginning when the person first became a medical practitioner; or
(f) both of the following conditions are satisfied:
(i) the person became a permanent Australian after the time when the
person first became a medical practitioner;
(ii) the service was rendered after the end of the period of 10 years
beginning when the person became a permanent Australian.
Insert:
(4A) In exercising powers under subsection (3) or (4), the Minister must
comply with guidelines determined by the Minister under subsection
(4A).
(4B) The Minister must, in writing, determine guidelines that apply to the
exercise of powers under subsections (3) and (4).
(4C) Without limiting subsection (4B), the guidelines may require that a
person must have qualifications of a specified kind in order to qualify for an
exemption.
(4D) A determination under subsection (4B) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
Insert:
permanent Australian means an Australian citizen or permanent
resident.
Insert:
approval means an approval under section 23DNBA.
Insert:
Approval Principles means principles determined by the
Minister under section 23DNBA.
Insert:
approved collection centre means a specimen collection centre
for which an approval under section 23DNBA is in force.
Insert:
Collection Centre Guidelines means the Guidelines for
Approved Pathology Collection Centres published by the National Pathology
Accreditation Advisory Council, as in force from time to time.
Insert:
eligible collection centre means a specimen collection centre
on premises that are owned, leased or sub-leased by an approved pathology
authority that is also the sole proprietor of at least one eligible pathology
laboratory.
Insert:
eligible pathology laboratory means an accredited pathology
laboratory that is in a category determined by the Minister under section
23DBA.
23
Subsection 23DA(1) (definition of
licence)
Repeal the definition.
24
Subsection 23DA(1) (definition of
licence fee)
Repeal the definition.
25
Subsection 23DA(1) (definition of
licensed collection
centre)
Repeal the definition.
26
Subsection 23DA(1) (definition of
specimen collection
centre)
Omit “set up by an approved pathology laboratory to collect”,
substitute “for collecting”.
Insert:
tax, in relation to an approval, means the tax imposed by the
Health Insurance (Approved Pathology Specimen Collection Centres) Tax Act
1999.
28
Subsection 23DA(1) (definition of
temporary collection
centre)
Repeal the definition.
Insert:
(1) The Minister may, by a determination in writing, prescribe categories
of accredited pathology laboratories for the purposes of the definition of
eligible pathology laboratory in subsection 23DA(1).
(2) A determination may prescribe categories by applying, adopting or
incorporating, with or without modification, the provisions of principles
determined by the Minister under section 23DNA:
(a) as in force at a particular time; or
(b) as in force or existing from time to time.
(3) A determination under this section is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
Repeal the section.
Repeal the section.
Insert:
(1) The Minister may grant an approval to an approved pathology authority
for an eligible collection centre conducted (or to be conducted) on premises of
which the authority is the owner, lessee or sub-lessee.
(2) The Minister must not grant an approval for an eligible collection
centre unless the tax on that grant has been paid.
Note: Tax on the grant of an approval is imposed by the
Health Insurance (Approved Pathology Specimen Collection Centres) Tax Act
1999.
(3) In exercising powers under subsection (1), the Minister must comply
with the Approval Principles determined by the Minister under subsection
(4).
(4) The Minister must, in writing, determine principles (Approval
Principles) that apply to the granting of approvals for eligible
collection centres.
(5) Without limiting subsection (4), the Approval Principles may provide
for the following matters:
(a) a system for determining the maximum number of approvals that may be
granted to a particular approved pathology authority in respect of a financial
year;
(b) applications for approvals;
(c) the giving of undertakings by approved pathology authorities regarding
compliance with the Collection Centre Guidelines;
(d) duration of approvals, including backdating in special
circumstances;
(e) review of decisions made under the Approval Principles;
(f) delegation of powers and functions conferred on any person under the
Approval Principles.
(6) A determination under subsection (4) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
(1) When the Minister grants an approval for a specimen collection centre,
the Minister must allocate to the centre a number
by which the centre may be
identified.
(2) The approval must specify that identification number.
(3) Any document issued by or on behalf of the approved pathology
authority operating an approved collection centre and relating to:
(a) the collection of a specimen at the centre; or
(b) the sending of the specimen to an accredited pathology
laboratory;
must specify the identification number.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section, substitute:
(1) The Minister may revoke an approval (the current
approval) granted for a specimen collection centre if the Minister is
satisfied that:
(a) the centre has ceased to be an eligible collection centre;
or
(b) the centre does not comply with the Collection Centre Guidelines;
or
(c) either during the period of the current approval or during the period
of a previous approval:
(i) subsection 23DNBB(3) or section 23DNK has been breached in relation to
the centre; or
(ii) the approved pathology authority breached an undertaking that it gave
under the Approval Principles; or
(iii) the approved pathology authority misused the number specified in the
current approval, being a misuse in connection with a specimen collected at a
specimen collection centre operated by the approved pathology authority (whether
or not that centre was an approved collection centre).
(2) If the Minister decides to revoke an approval, the Minister must give
written notice of the revocation to the approved pathology authority, specifying
the day from which the revocation has effect (which cannot be earlier than the
day on which the notice is given to the authority).
Repeal the section, substitute:
(1) The approved pathology authority operating an approved collection
centre may, at any time, ask the Minister in writing to cancel the approval
granted for the centre.
(2) When the Minister is asked to do so, the Minister must cancel the
approval.
Repeal the section, substitute:
(1) If the approval granted for an approved collection centre is cancelled
under section 23DNH, the approved pathology authority to which the approval was
granted is entitled to a partial refund of the tax paid on the grant of the
approval.
(2) The amount to be refunded to the approved pathology authority under
subsection (1) is calculated by using the formula: 
where:
actual approval days means the number of days for which the
approval remained in force.
expected approval days means the number of days for which the
approval was granted.
tax means the tax paid on the grant of the
approval.
39
Subparagraph 23DNJ(1)(a)(i)
Omit “a licence”, substitute “an
approval”.
40
Subparagraph 23DNJ(1)(a)(ii)
Omit “a licensed collection centre”, substitute “an
approved collection centre”.
Omit “a licensed collection centre”, substitute “an
approved collection centre”.
Omit “licensed”, substitute “approved”.
Note: The heading to section 23DNK is altered by omitting
“licensed” and substituting
“approved”.
Omit “an unlicensed specimen collection centre”, substitute
“a specimen collection centre that is not an approved collection
centre”.
Note: The heading to section 23DNL is altered by omitting
“unlicensed” and substituting
“unapproved”.
Insert:
(2DA) Where an approved pathology authority that has applied for an
approval under section 23DNBA is informed that the Minister has decided not to
grant the approval, the approved pathology authority may, not later than 28 days
after receiving the information, apply to the Minister for a reconsideration of
the decision by the Minister.
(2DB) On receiving an application under subsection (2DA), the Minister
must reconsider his or her decision and may:
(a) affirm the decision; or
(b) grant the approval.
45
Subsections 23DO(2E) and (2F)
Repeal the subsections.
Omit “a licence held by”, substitute “an approval granted
to”.
After “(2D),”, insert “(2DB),”.
Omit “, (2F)”.
49
Subsection 124B(1) (after paragraph (aa) of the definition of
relevant
offence)
Insert:
(ab) an offence against section 23DR or 23DS that is committed after the
commencement of this paragraph; or
50
Subsection 124W(1) (at the end of paragraph (a) of the definition of
quality assurance
activity)
Add:
(iii) services in respect of which payments were made under the Health
Care (Appropriation) Act 1998, or that are or would be eligible for such
payments; or
Omit “Notwithstanding section 21 of the Crimes Act 1914,
a”, substitute “A”.
Omit “a licensed collection centre” (wherever occurring),
substitute “an approved collection centre”.
Insert:
approved collection centre has the same meaning as in section
23DA.
54
Subsection 129AAA(9) (definition of
licensed collection
centre)
Repeal the definition.
Health
Insurance (Pathology) (Licence Fee) Act 1991
Repeal the Act.