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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Health
Legislation Amendment (Medical Practitioners’ Qualifications and Other
Measures) Bill 2001
No. ,
2001
(Health and Aged
Care)
A Bill for an Act to amend
legislation relating to health, and for related purposes
ISBN: 0642 458774
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 (Medical
Practitioners’ Qualifications and Other Measures) Act 2001.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Subject to subsection (3), items 5, 6, 23, 24, 25, 28, 31,
33, 34, 35, 36, 37, 38, 40, 41, 42, 43, 45, 46, 47, 49, 53, 54, 55 and 56 of
Schedule 1 commence on a day to be fixed by Proclamation.
(3) If the items referred to in subsection (2) do not commence under
that subsection within the period of 6 months beginning on the day on which this
Act receives the Royal Assent, they commence on the first day after the end of
that period.
(4) 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this Act is amended or repealed as set out in the applicable items in the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commencement of item 2 of Schedule 1 may be repealed, rescinded,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 3(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 the approved
collection centre regime commencement, for the purposes of section 23DND of
that Act.
(4) Approvals granted before the approved collection centre regime
commencement under section 23DNBA of the Health Insurance Act 1973
cannot commence to have effect before that commencement.
(5) For specimens collected before the approved collection centre regime
commencement, subparagraphs 16A(5AA)(d)(ii) and (iii) of the Health Insurance
Act 1973 (as in force immediately before that commencement) 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 the
approved collection centre regime commencement 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.
(7) In this section:
approved collection centre regime commencement means the day
on which the items referred to in subsection 2(2) commence.
1 Subsection 3(1) (definition of medical
practitioner, note)
Repeal the note.
2 Subsection 3(1) (paragraph (b) of the
definition of professional service)
After “approved by the Minister”, insert “in
writing”.
3 Section 3J
Repeal the section.
4 Section 3K
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
7 Subsection 19AA(1)
Omit “and before 1 January 2002”.
8 Subparagraph
19AA(1)(b)(v)
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.
9 Subsection 19AA(2)
Omit “and before 1 January 2002”.
10 Subparagraph
19AA(2)(b)(v)
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.
11 Paragraph 19AB(1)(c)
Repeal the paragraph.
12 Paragraph 19AB(1)(d)
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.
13 Paragraph 19AB(2)(c)
Repeal the paragraph.
14 Paragraph 19AB(2)(d)
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.
15 After subsection 19AB(4)
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.
16 Subsection 19AB(7)
Insert:
permanent Australian means an Australian citizen or permanent
resident.
17 Subsection 23DA(1)
Insert:
approval means an approval under
section 23DNBA.
18 Subsection 23DA(1)
Insert:
Approval Principles means principles determined by the
Minister under section 23DNBA.
19 Subsection 23DA(1)
Insert:
approved collection centre means a specimen collection centre
for which an approval under section 23DNBA is in force.
20 Subsection 23DA(1)
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.
21 Subsection 23DA(1)
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.
22 Subsection 23DA(1)
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”.
27 Subsection 23DA(1)
Insert:
tax, in relation to an approval, means the tax imposed by the
Health Insurance (Approved Pathology Specimen Collection Centres) Tax Act
2000.
28 Subsection 23DA(1) (definition of
temporary collection centre)
Repeal the definition.
29 After section 23DB
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.
30 Section 23DNAA
Repeal the section.
31 Section 23DNB
Repeal the section.
32 After section 23DNB
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
2000.
(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.
33 Section 23DND
Repeal the section.
34 Section 23DNE
Repeal the section.
35 Section 23DNF
Repeal the section.
36 Section 23DNG
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).
37 Section 23DNH
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.
38 Section 23DNI
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”.
41 Subsection 23DNK(1)
Omit “a licensed collection centre”, substitute “an
approved collection centre”.
42 Paragraph 23DNK(1)(a)
Omit “licensed”, substitute “approved”.
Note: The heading to section 23DNK is altered by
omitting “licensed” and substituting
“approved”.
43 Subsection 23DNL(1)
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”.
44 After subsection
23DO(2D)
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.
46 Subsection 23DO(2G)
Omit “a licence held by”, substitute “an approval granted
to”.
47 Paragraph 23DO(2H)(b)
Omit “licence”, substitute “approval”.
48 Paragraph 23DO(5)(c)
After “(2D),”, insert “(2DB),”.
49 Paragraph 23DO(5)(c)
Omit “, (2F)”.
50 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
51 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
52 Subsection 128A(4)
Omit “Notwithstanding section 21 of the Crimes Act 1914,
a”, substitute “A”.
53 Subsection 129AAA(3A)
Omit “a licensed collection centre” (wherever occurring),
substitute “an approved collection centre”.
54 Subsection 129AAA(9)
Insert:
approved collection centre has the same meaning as in
section 23DA.
55 Subsection 129AAA(9) (definition of
licensed collection centre)
Repeal the definition.
Health Insurance
(Pathology) (Licence Fee) Act 1991
56 The whole of the Act
Repeal the Act.