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This is a Bill, not an Act. For current law, see the Acts databases.
HUMAN SERVICES LEGISLATION AMENDMENT BILL 2005
2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Human Services Legislation Amendment
Bill 2005
No. , 2005
(Finance and Administration)
A Bill for an Act to amend legislation relating to the
delivery of Commonwealth services, and for related
purposes
i Human Services Legislation Amendment Bill 2005 No. , 2005
Contents
1
Short title.......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................2
Schedule 1--Amendments relating to the Commonwealth
Services Delivery Agency
4
Part 1--Amendment of the Commonwealth Services Delivery
Agency Act 1997
4
Commonwealth Services Delivery Agency Act 1997
4
Part 2--Consequential amendments
13
Health Insurance Act 1973
13
Part 3--Transitional provisions
15
Schedule 2--Amendments relating to the Health Insurance
Commission
20
Part 1--Amendment of the Health Insurance Commission Act
1973
20
Health Insurance Commission Act 1973
20
Part 2--Consequential amendments
38
Administrative Decisions (Judicial Review) Act 1977
38
Aged Care Act 1997
38
Age Discrimination Act 2004
38
A New Tax System (Family Assistance) (Administration) Act 1999
38
Freedom of Information Act 1982
39
Health and Other Services (Compensation) Act 1995
39
Health and Other Services (Compensation) Care Charges Act 1995
49
Health Insurance Act 1973
50
Hearing Services Administration Act 1997
67
Income Tax Assessment Act 1936
67
Medical Indemnity Act 2002
68
Medical Indemnity (Prudential Supervision and Product Standards)
Act 2003
82
Human Services Legislation Amendment Bill 2005 No. , 2005 ii
National Health Act 1953
82
Occupational Health and Safety (Commonwealth Employment) Act
1991
87
Private Health Insurance Incentives Act 1998
87
Remuneration and Allowances Act 1990
98
Social Security Act 1991
98
Part 3--Transitional provisions
99
Human Services Legislation Amendment Bill 2005 No. , 2005 1
A Bill for an Act to amend legislation relating to the
1
delivery of Commonwealth services, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Human Services Legislation
6
Amendment Act 2005.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Human Services Legislation Amendment Bill 2005 No. , 2005
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
A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence 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.
3. Schedule 2,
items 1 and 2
A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence 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. Schedule 2,
item 3
Immediately after the commencement of the
provision(s) covered by table item 3.
5. Schedule 2,
items 4 to 29
At the same time as the provision(s) covered
by table item 3.
6. Schedule 2,
item 30
Immediately after the commencement of the
provision(s) covered by table item 7.
7. Schedule 2,
items 31 to 731
At the same time as the provision(s) covered
by table item 3.
Note:
This table relates only to the provisions of this Act as originally
1
passed by the Parliament and assented to. It will not be expanded to
2
deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
Human Services Legislation Amendment Bill 2005 No. , 2005 3
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Schedule 1 Amendments relating to the Commonwealth Services Delivery Agency
Part 1 Amendment of the Commonwealth Services Delivery Agency Act 1997
4 Human Services Legislation Amendment Bill 2005 No. , 2005
1
Schedule 1--Amendments relating to the
2
Commonwealth Services Delivery
3
Agency
4
Part 1--Amendment of the Commonwealth Services
5
Delivery Agency Act 1997
6
Commonwealth Services Delivery Agency Act 1997
7
1 Section 3 (definition of Agency)
8
Omit "body called the".
9
2 Section 3 (definition of appointed member)
10
Repeal the definition.
11
3 Section 3 (definition of Board)
12
Repeal the definition.
13
4 Section 3 (definition of Chairman)
14
Repeal the definition.
15
5 Section 3
16
Insert:
17
Chief Executive Officer means the Chief Executive Officer
18
appointed under section 29.
19
6 Section 3 (definition of member)
20
Repeal the definition.
21
7 Part 2 (heading)
22
Repeal the heading, substitute:
23
Part 2--Establishment of Agency
24
8 Subsection 6(1)
25
Omit "A body called the", substitute "The".
26
Amendments relating to the Commonwealth Services Delivery Agency Schedule 1
Amendment of the Commonwealth Services Delivery Agency Act 1997 Part 1
Human Services Legislation Amendment Bill 2005 No. , 2005 5
9 Paragraph 6(2)(a)
1
Repeal the paragraph.
2
10 At the end of section 6
3
Add:
4
(3) The Agency may also be known as Centrelink.
5
11 After section 6
6
Insert:
7
6A Function of Agency
8
The function of the Agency is to assist the Chief Executive Officer
9
in the performance of the Chief Executive Officer's functions.
10
12 Before section 7
11
Insert:
12
Part 3--The Chief Executive Officer
13
Division 1--Powers and functions of Chief Executive
14
Officer
15
13 Subsection 7(1)
16
After "may", insert ", with the written approval of the Minister,".
17
14 Subsection 7(2)
18
Omit all the words after "provision of the services".
19
15 At the end of section 7
20
Add:
21
(3) Without limiting subsection (1) or (2), arrangements for the
22
provision of Commonwealth services may include arrangements
23
for:
24
(a) making the Chief Executive Officer or specified employees,
25
or employees in specified classes of employees, available to
26
exercise powers or perform functions in connection with the
27
Schedule 1 Amendments relating to the Commonwealth Services Delivery Agency
Part 1 Amendment of the Commonwealth Services Delivery Agency Act 1997
6 Human Services Legislation Amendment Bill 2005 No. , 2005
provision of the services (including powers and functions
1
delegated to the Chief Executive Officer or employees under
2
other laws); or
3
(b) determining a person's eligibility for, or entitlement to
4
receive or have access to, the services; or
5
(c) maintaining records related to the provision of the services;
6
or
7
(d) providing Commonwealth authorities and other persons with
8
information related to the provision of the services; or
9
(e) undertaking education, compliance, investigation and
10
enforcement activities related to the provision of the services;
11
or
12
(f) recovering overpayments and other amounts due to the
13
Commonwealth in connection with the provision of the
14
services; or
15
(g) conducting litigation or proceedings related to the provision
16
of the services.
17
(4) Arrangements for the provision of Commonwealth services may
18
also include agreements covered by section 8A.
19
(5) An approval given by the Minister under this section is not a
20
legislative instrument.
21
16 Subsection 8(1)
22
Omit "Agency" (first occurring), substitute "Chief Executive Officer".
23
Note:
The heading to section 8 is replaced by the heading "Functions of Chief Executive
24
Officer".
25
17 Paragraph 8(1)(b)
26
Omit "Agency", substitute "Chief Executive Officer".
27
18 Paragraph 8(1)(c)
28
Omit "written notice given to the Chairman, directs the Agency",
29
substitute "writing, directs the Chief Executive Officer".
30
19 Paragraph 8(1)(d)
31
Omit "its", substitute "his or her".
32
20 Subsection 8(2)
33
Amendments relating to the Commonwealth Services Delivery Agency Schedule 1
Amendment of the Commonwealth Services Delivery Agency Act 1997 Part 1
Human Services Legislation Amendment Bill 2005 No. , 2005 7
Repeal the subsection, substitute:
1
(2) A direction made under paragraph (1)(c) is a legislative instrument,
2
but neither section 42 nor Part 6 of the Legislative Instruments Act
3
2003 applies to the direction.
4
21 After section 8
5
Insert:
6
8A Agreements about exercise and performance of Chief Executive
7
Officer's powers and functions
8
The Chief Executive Officer may enter into a written agreement
9
with the principal officer of a Commonwealth authority about the
10
exercise or performance of the Chief Executive Officer's powers or
11
functions.
12
22 Subsection 9(1)
13
Repeal the subsection, substitute:
14
(1) The Minister may, by writing, give directions to the Chief
15
Executive Officer about the exercise or performance of the Chief
16
Executive Officer's powers or functions.
17
Note:
The heading to section 9 is altered by omitting "the performance of the Agency's
18
functions" and substituting "exercise and performance of Chief Executive Officer's
19
powers and functions".
20
23 After subsection 9(1)
21
Insert:
22
(1A) Without limiting subsection (1), directions under this section may
23
include directions about the following:
24
(a) the objectives, strategies, policies or priorities of the Chief
25
Executive Officer or the Agency;
26
(b) the manner in which the Chief Executive Officer exercises or
27
performs his or her powers or functions;
28
(c) the manner in which the Agency performs its function.
29
(1B) The Minister must not give a direction under this section about the
30
exercise or performance of powers or functions in relation to a
31
particular individual or company.
32
Schedule 1 Amendments relating to the Commonwealth Services Delivery Agency
Part 1 Amendment of the Commonwealth Services Delivery Agency Act 1997
8 Human Services Legislation Amendment Bill 2005 No. , 2005
Note:
See also section 19 of the Public Service Act 1999 which provides that
1
an Agency Head is not subject to direction by any Minister in relation
2
to the exercise of powers by the Agency Head under Division 1 or 2 of
3
Part 4 of that Act in relation to particular individuals.
4
24 Subsection 9(2)
5
Omit "annual report for the Agency", substitute "Chief Executive
6
Officer's annual report".
7
25 Subsection 9(3)
8
Repeal the subsection, substitute:
9
(3) The Chief Executive Officer must comply with a direction given
10
under this section.
11
(4) A direction given under this section is not a legislative instrument.
12
26 Section 10
13
Repeal the section, substitute:
14
10 Minister may request information
15
(1) The Minister may, by writing, request the Chief Executive Officer
16
to give the Minister information about:
17
(a) the exercise or performance of the Chief Executive Officer's
18
powers or functions; or
19
(b) the operation of the Agency.
20
(2) The Chief Executive Officer must, within a reasonable time,
21
comply with a request under this section.
22
(3) A request made under this section is not a legislative instrument.
23
11 Management of Agency
24
The Chief Executive Officer is, under the Minister, responsible for:
25
(a) deciding the objectives, strategies, policies and priorities of
26
the Agency; and
27
(b) managing the Agency; and
28
(c) ensuring that the Agency performs its function in a proper,
29
efficient and effective manner.
30
Amendments relating to the Commonwealth Services Delivery Agency Schedule 1
Amendment of the Commonwealth Services Delivery Agency Act 1997 Part 1
Human Services Legislation Amendment Bill 2005 No. , 2005 9
12 Delegation
1
(1) The Chief Executive Officer may, by writing, delegate to an
2
employee all or any of the powers or functions of the Chief
3
Executive Officer under this Act or any other Act.
4
(2) However, the Chief Executive Officer must not delegate powers or
5
functions conferred on him or her under another Act if the
6
delegation is inconsistent with the express provisions of that Act.
7
(3) The Chief Executive Officer may, by writing, delegate to an
8
employee all or any of the powers or functions delegated to the
9
Chief Executive Officer under another Act.
10
(4) However, the Chief Executive Officer must not delegate powers or
11
functions delegated to him or her under another Act if the
12
delegation by the Chief Executive Officer would be inconsistent
13
with the express provisions of that Act.
14
27 Part 3
15
Repeal the Part.
16
28 Part 4 (heading)
17
Repeal the heading.
18
29 Division 1 of Part 4 (heading)
19
Repeal the heading, substitute:
20
Division 2--Appointment etc. of Chief Executive Officer
21
30 Subsection 29(2)
22
Omit "by the Board in writing after consultation between the Chairman
23
and", substitute "in writing by".
24
31 At the end of section 29
25
Add:
26
(4) The Chief Executive Officer holds office for the period specified in
27
the instrument of appointment. The period must not exceed 5 years.
28
32 Section 30
29
Schedule 1 Amendments relating to the Commonwealth Services Delivery Agency
Part 1 Amendment of the Commonwealth Services Delivery Agency Act 1997
10 Human Services Legislation Amendment Bill 2005 No. , 2005
Repeal the section, substitute:
1
30 Remuneration
2
(1) The Chief Executive Officer is to be paid the remuneration that is
3
determined by the Remuneration Tribunal. If no determination of
4
that remuneration by the Tribunal is in operation, the Chief
5
Executive Officer is to be paid the remuneration that is prescribed.
6
(2) The Chief Executive Officer is to be paid the allowances that are
7
prescribed.
8
(3) This section has effect subject to the Remuneration Tribunal Act
9
1973.
10
30A Leave of absence
11
(1) The Chief Executive Officer has the recreation leave entitlements
12
that are determined by the Remuneration Tribunal.
13
(2) The Minister may grant the Chief Executive Officer leave of
14
absence, other than recreation leave, on the terms and conditions as
15
to remuneration or otherwise that the Minister determines.
16
30B Other terms and conditions
17
The Chief Executive Officer holds office on the terms and
18
conditions (if any) in relation to matters not covered by this Act
19
that are determined by the Minister in writing.
20
30C Termination of appointment
21
(1) The Minister may terminate the appointment of the Chief
22
Executive Officer for misbehaviour or physical or mental
23
incapacity.
24
(2) The Minister may terminate the appointment of the Chief
25
Executive Officer if:
26
(a) the Chief Executive Officer:
27
(i) becomes bankrupt; or
28
(ii) applies to take the benefit of any law for the relief of
29
bankrupt or insolvent debtors; or
30
(iii) compounds with his or her creditors; or
31
Amendments relating to the Commonwealth Services Delivery Agency Schedule 1
Amendment of the Commonwealth Services Delivery Agency Act 1997 Part 1
Human Services Legislation Amendment Bill 2005 No. , 2005 11
(iv) makes an assignment of his or her remuneration for the
1
benefit of his or her creditors; or
2
(b) the Chief Executive Officer is absent, except on leave of
3
absence, for 14 consecutive days or for 28 days in any 12
4
months; or
5
(c) the Chief Executive Officer engages, except with the
6
Minister's approval, in paid employment outside the duties of
7
his or her office.
8
(3) The Minister must terminate the appointment of the Chief
9
Executive Officer if, in the Minister's opinion, the performance of
10
the Chief Executive Officer has been unsatisfactory for a
11
significant period of time.
12
33 Subsection 31(1)
13
Omit "Board", substitute "Minister".
14
34 Subsection 31(2)
15
After "by", insert "or in relation to".
16
35 Paragraph 31(2)(b)
17
Omit "in or".
18
36 Sections 32 and 33
19
Repeal the sections.
20
37 Section 34
21
Omit "Chairman", substitute "Minister".
22
38 Division 2 of Part 4 (heading)
23
Repeal the heading, substitute:
24
Part 4--Staff of the Agency
25
39 Subsection 35(1)
26
Omit "Division", substitute "Part".
27
40 Section 36
28
Repeal the section.
29
Schedule 1 Amendments relating to the Commonwealth Services Delivery Agency
Part 1 Amendment of the Commonwealth Services Delivery Agency Act 1997
12 Human Services Legislation Amendment Bill 2005 No. , 2005
41 Subsection 38(1)
1
Omit "Chairman's", substitute "Chief Executive Officer's".
2
42 Section 39
3
Repeal the section, substitute:
4
39 Chief Executive Officer may charge for services
5
The Chief Executive Officer may charge fees for services he or she
6
provides in connection with the performance of his or her
7
functions.
8
43 Subsection 40(1)
9
Repeal the subsection, substitute:
10
(1) The Chief Executive Officer must, as soon as practicable after the
11
end of each financial year, prepare and give the Minister a report
12
on:
13
(a) the exercise and performance of the powers and functions of
14
the Chief Executive Officer during that year; and
15
(b) the operations of the Agency during that year.
16
Note:
The heading to section 40 is replaced by the heading "Chief Executive Officer's
17
annual report".
18
Amendments relating to the Commonwealth Services Delivery Agency Schedule 1
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 13
1
Part 2--Consequential amendments
2
Health Insurance Act 1973
3
44 Subsection 3(1)
4
Insert:
5
Centrelink CEO means the Chief Executive Officer of Centrelink.
6
45 Subsection 3(1) (definition of CEO)
7
Repeal the definition.
8
46 Subsection 3(1) (definition of employee)
9
Repeal the definition.
10
47 Subsection 3(1)
11
Insert:
12
employee of Centrelink means an employee within the meaning of
13
the Commonwealth Services Delivery Agency Act 1997.
14
48 Subsection 3(1) (definition of Services Delivery Agency)
15
Repeal the definition.
16
49 Paragraph 130(6)(ca)
17
Repeal the paragraph, substitute:
18
(ca) the Centrelink CEO or an employee of Centrelink; or
19
50 Paragraph 130(7)(e)
20
Omit "CEO or an employee of the Services Delivery Agency",
21
substitute "Centrelink CEO or an employee of Centrelink".
22
51 Paragraph 130(9)(aa)
23
Omit "CEO or an employee of the Services Delivery Agency",
24
substitute "Centrelink CEO or an employee of Centrelink".
25
52 Subsection 130G(1)
26
Omit "CEO", substitute "Centrelink CEO".
27
Schedule 1 Amendments relating to the Commonwealth Services Delivery Agency
Part 2 Consequential amendments
14 Human Services Legislation Amendment Bill 2005 No. , 2005
53 Subsection 130G(1)
1
Omit "the Services Delivery Agency", substitute "Centrelink".
2
54 Subsection 131A(1)
3
Omit "CEO or an employee of the Services Delivery Agency",
4
substitute "Centrelink CEO or an employee of Centrelink".
5
55 Subsection 131A(1)
6
Omit "to the Services Delivery Agency", substitute "to Centrelink".
7
56 Subsection 131A(2)
8
Omit "the Services Delivery Agency", substitute "Centrelink".
9
57 Subsection 131A(3)
10
Omit "the Services Delivery Agency", substitute "Centrelink".
11
58 Paragraph 131A(4)(a)
12
Omit "CEO or an employee of the Services Delivery Agency",
13
substitute "Centrelink CEO or an employee of Centrelink".
14
59 Paragraph 131A(4)(c)
15
Omit "CEO", substitute "Centrelink CEO".
16
60 Paragraph 131A(4)(d)
17
Omit "the Services Delivery Agency", substitute "Centrelink".
18
61 Paragraph 131A(4)(e)
19
Omit "the Services Delivery Agency", substitute "Centrelink".
20
Amendments relating to the Commonwealth Services Delivery Agency Schedule 1
Transitional provisions Part 3
Human Services Legislation Amendment Bill 2005 No. , 2005 15
1
Part 3--Transitional provisions
2
62 Definitions
3
(1)
In this Part:
4
amend includes repeal and remake.
5
Board means the Board within the meaning of the old law.
6
Centrelink means the Commonwealth Services Delivery Agency.
7
CEO means the Chief Executive Officer of Centrelink.
8
Chairman means the Chairman of the Board.
9
commencement time means the time when this Part commences.
10
instrument:
11
(a) includes:
12
(i) a contract, deed, undertaking or agreement; and
13
(ii) a notice, authority, order or instruction; and
14
(iii) an instrument made under an Act or regulations; but
15
(b) does not include an Act or regulations.
16
new law means the Commonwealth Services Delivery Agency Act 1997
17
as in force after the commencement time.
18
old law means the Commonwealth Services Delivery Agency Act 1997
19
as in force before the commencement time.
20
(2)
In this Part, unless a contrary intention is expressed, a reference to a law
21
(however described) is a reference to a law of the Commonwealth.
22
63 CEO to continue
23
The person who was the CEO immediately before the commencement
24
time continues to be the CEO immediately after the commencement
25
time and holds office as if:
26
(a) his or her appointment by the Board under section 29 of the
27
old law (the first appointment) were terminated immediately
28
before the commencement time; and
29
(b) he or she were appointed for the remainder of the term of his
30
or her first appointment by the Minister under Division 2 of
31
Part 3 of the new law immediately after the commencement
32
time.
33
Schedule 1 Amendments relating to the Commonwealth Services Delivery Agency
Part 3 Transitional provisions
16 Human Services Legislation Amendment Bill 2005 No. , 2005
64 Operation of laws--things done by, or in relation to,
1
Centrelink
2
(1)
If, before the commencement time, a thing was done by, or in relation
3
to, Centrelink, the Board or the Chairman, then, for the purposes of the
4
operation of any law after the commencement time, the thing is taken to
5
have been done by, or in relation to, the CEO.
6
(2)
For the purposes of subitem (1), a thing done before the commencement
7
time under a provision amended by this Schedule has effect from that
8
time as if it were done under that provision as amended. However, this
9
is not taken to change the time at which the thing was actually done.
10
(3)
The Minister may, by writing, determine that subitem (1):
11
(a) does not apply in relation to a specified thing done by, or in
12
relation to, Centrelink, the Board or the Chairman; or
13
(b) applies as if the reference in that subitem to the CEO were a
14
reference to the Commonwealth or to Centrelink.
15
A determination under this subitem has effect accordingly.
16
(4)
The regulations may provide for a thing specified in a determination
17
under paragraph (3)(a) to be taken to have been done by, or in relation
18
to, a person or body other than the CEO, the Commonwealth or
19
Centrelink.
20
(5)
To avoid doubt, for the purposes of this item, doing a thing includes
21
making an instrument.
22
(6)
A determination made under subitem (3) is not a legislative instrument.
23
65 References in instruments
24
(1)
If:
25
(a) an instrument is in force immediately before the
26
commencement time; and
27
(b) the instrument contains a reference to Centrelink (however
28
described), the Board or the Chairman;
29
the instrument has effect from the commencement time as if the
30
reference to Centrelink, the Board or the Chairman were a reference to
31
the CEO.
32
(2)
The Minister may, by writing, determine that subitem (1):
33
(a) does not apply in relation to a specified reference; or
34
Amendments relating to the Commonwealth Services Delivery Agency Schedule 1
Transitional provisions Part 3
Human Services Legislation Amendment Bill 2005 No. , 2005 17
(b) applies as if the reference in that subitem to the CEO were a
1
reference to the Commonwealth or to Centrelink.
2
A determination under this subitem has effect accordingly.
3
(3)
The regulations may provide that an instrument containing a reference
4
specified in a determination under paragraph (2)(a) has effect from the
5
commencement time as if the reference were a reference to a person or
6
body other than the CEO, the Commonwealth or Centrelink.
7
(4)
A determination made under subitem (2) is not a legislative instrument.
8
66 Transfer of records
9
At the commencement time, the records and documents of Centrelink
10
become the records and documents of the CEO.
11
67 Financial statements and other reporting requirements
12
Financial statements
13
(1)
If:
14
(a) immediately before the commencement time, a law required
15
Centrelink, the Board or the Chairman to provide financial
16
statements for a period; and
17
(b) the period ends after the commencement time;
18
the CEO must, within 3 months after the commencement time, provide
19
the statements for so much of the period as occurs before the
20
commencement time.
21
Other reporting requirements
22
(2)
If:
23
(a) immediately before the commencement time, a law required
24
Centrelink, the Board or the Chairman to provide a report
25
(other than financial statements) for a period; and
26
(b) the period ends after the commencement time;
27
the CEO must provide the report, as required, for so much of the period
28
as occurs before the commencement time.
29
(3)
If:
30
(a) under subitem (2), the CEO is required to provide a report for
31
a part of a period; and
32
Schedule 1 Amendments relating to the Commonwealth Services Delivery Agency
Part 3 Transitional provisions
18 Human Services Legislation Amendment Bill 2005 No. , 2005
(b) the CEO is also required to provide a similar report for the
1
remainder of the period;
2
the CEO may meet the requirements in a single report for the period.
3
Outstanding reporting requirements
4
(4)
If:
5
(a) a law required Centrelink, the Board or the Chairman to
6
provide a report (whether financial statements or otherwise)
7
for a period that ended before the commencement time; and
8
(b) the report has not been provided by the commencement time;
9
the CEO must provide the report as required.
10
68 Substitution of parties to proceedings
11
If, immediately before the commencement time, any proceedings to
12
which Centrelink, the Board or the Chairman was a party were pending
13
in any court or tribunal, then, from the commencement time, the CEO is
14
substituted for Centrelink, the Board or the Chairman as a party to the
15
proceedings.
16
69 Constitutional safety net--acquisition of property
17
(1)
If:
18
(a) a provision of this Schedule would result in an acquisition of
19
property; and
20
(b) the provision would not be valid, apart from this item,
21
because a particular person has not been compensated;
22
the Commonwealth must pay that person:
23
(c) a reasonable amount of compensation agreed on between the
24
person and the Commonwealth; or
25
(d) failing agreement--a reasonable amount of compensation
26
determined by a court of competent jurisdiction.
27
(2)
Any damages or compensation recovered, or other remedy given, in a
28
proceeding begun otherwise than under this item must be taken into
29
account in assessing compensation payable in a proceeding begun under
30
this item and arising out of the same event or transaction.
31
(3)
In this item:
32
acquisition of property has the same meaning as in paragraph 51(xxxi)
33
of the Constitution.
34
Amendments relating to the Commonwealth Services Delivery Agency Schedule 1
Transitional provisions Part 3
Human Services Legislation Amendment Bill 2005 No. , 2005 19
70 Delegation by Minister
1
(1)
The Minister may, by writing, delegate all or any of his or her powers
2
and functions under this Part to:
3
(a) the Secretary of the Department; or
4
(b) an SES employee, or acting SES employee, in the
5
Department; or
6
(c) the CEO.
7
(2)
In exercising or performing powers or functions under a delegation, the
8
delegate must comply with any directions of the Minister.
9
(3)
A power delegated to the CEO under subitem (1) must not be
10
sub-delegated under subsection 12(3) of the new law.
11
71 Regulations
12
(1)
The Governor-General may make regulations prescribing matters:
13
(a) required or permitted by this Schedule to be prescribed; or
14
(b) necessary or convenient to be prescribed for carrying out or
15
giving effect to this Schedule.
16
(2)
In particular, regulations may be made prescribing matters of a
17
transitional nature (including prescribing any saving or application
18
provisions) relating to the amendments or repeals made by this
19
Schedule.
20
Schedule 2 Amendments relating to the Health Insurance Commission
Part 1 Amendment of the Health Insurance Commission Act 1973
20 Human Services Legislation Amendment Bill 2005 No. , 2005
1
Schedule 2--Amendments relating to the
2
Health Insurance Commission
3
Part 1--Amendment of the Health Insurance
4
Commission Act 1973
5
Health Insurance Commission Act 1973
6
1 Title
7
Repeal the title, substitute:
8
An Act to establish Medicare Australia, and for
9
related purposes
10
2 Section 1
11
Omit "Health Insurance Commission", substitute "Medicare Australia".
12
Note:
This item amends the short title of the Act. If another amendment of the Act is
13
described by reference to the Act's previous short title, that other amendment has effect
14
after the commencement of this item as an amendment of the Act under its amended
15
short title (see section 10 of the Acts Interpretation Act 1901).
16
3 Subsection 3(1)
17
Omit "(1)".
18
4 Subsection 3(1) (definition of Australian Public Service)
19
Repeal the definition.
20
5 Subsection 3(1) (definition of authorised officer)
21
Omit "Managing Director or an officer of the Commission who is
22
appointed by the Managing Director", substitute "Chief Executive
23
Officer or an employee who is appointed by the Chief Executive
24
Officer".
25
6 Subsection 3(1)
26
Insert:
27
benefit includes:
28
(a) a pension, allowance, concession or payment; and
29
Amendments relating to the Health Insurance Commission Schedule 2
Amendment of the Health Insurance Commission Act 1973 Part 1
Human Services Legislation Amendment Bill 2005 No. , 2005 21
(b) a card entitling its holder to a concession or a payment of any
1
kind.
2
7 Subsection 3(1) (definition of Chairperson)
3
Repeal the definition.
4
8 Subsection 3(1)
5
Insert:
6
Chief Executive Officer means the Chief Executive Officer
7
appointed under section 8AG.
8
9 Subsection 3(1) (definition of Commission)
9
Repeal the definition.
10
10 Subsection 3(1)
11
Insert:
12
Commonwealth authority means:
13
(a) a Department of State; or
14
(b) a body, other than Medicare Australia, established for a
15
public purpose by or under a law of the Commonwealth.
16
11 Subsection 3(1)
17
Insert:
18
Commonwealth service means a service, benefit, program or
19
facility for some or all members of the public that is provided for
20
by the Commonwealth, whether under a law of the Commonwealth
21
or otherwise.
22
12 Subsection 3(1)
23
Insert:
24
employee means a member of the staff of Medicare Australia
25
referred to in subsection 20(1).
26
13 Subsection 3(1) (definition of Finance Minister)
27
Repeal the definition.
28
14 Subsection 3(1) (definition of Managing Director)
29
Schedule 2 Amendments relating to the Health Insurance Commission
Part 1 Amendment of the Health Insurance Commission Act 1973
22 Human Services Legislation Amendment Bill 2005 No. , 2005
Repeal the definition.
1
15 Subsection 3(1) (definition of medicare functions)
2
Omit "Commission", substitute "Chief Executive Officer".
3
16 Subsection 3(1) (definition of officer)
4
Repeal the definition.
5
17 Subsection 3(1) (definition of officer assisting)
6
After "Division 4", insert "of Part IID".
7
18 Subsection 3(1) (paragraph (a) of the definition of officer
8
assisting)
9
Omit "officer of the Commission", substitute "employee".
10
19 Subsection 3(1) (paragraph (b) of the definition of officer
11
assisting)
12
Omit "officer of the Commission", substitute "employee".
13
20 Subsection 3(1) (definition of part-time Commissioner)
14
Repeal the definition.
15
21 Subsection 3(1)
16
Insert:
17
principal officer means:
18
(a) in relation to a Department of State--the Secretary of the
19
Department; or
20
(b) in relation to any other Commonwealth authority--the
21
person identified by the regulations as the principal officer of
22
the authority.
23
22 Subsection 3(1)
24
Insert:
25
service arrangements means arrangements entered into under
26
subsection 7(2).
27
23 Subsection 3(1) (definition of service delivery functions)
28
Amendments relating to the Health Insurance Commission Schedule 2
Amendment of the Health Insurance Commission Act 1973 Part 1
Human Services Legislation Amendment Bill 2005 No. , 2005 23
Omit "Commission", substitute "Chief Executive Officer".
1
24 Subsection 3(1) (definition of spare capacity functions)
2
Repeal the definition.
3
25 Subsection 3(1) (definition of warrant premises)
4
After "Division 4", insert "of Part IID".
5
26 Subsection 3(2)
6
Repeal the subsection.
7
27 Part II (heading)
8
Repeal the heading, substitute:
9
Part II--Establishment of Medicare Australia
10
28 Section 4
11
Repeal the section, substitute:
12
4 Establishment of Medicare Australia
13
(1) Medicare Australia is established by this section.
14
(2) Medicare Australia comprises:
15
(a) the Chief Executive Officer; and
16
(b) the employees.
17
4A Function of Medicare Australia
18
The function of Medicare Australia is to assist the Chief Executive
19
Officer in the performance of the Chief Executive Officer's
20
functions.
21
29 Before section 5
22
Insert:
23
Schedule 2 Amendments relating to the Health Insurance Commission
Part 1 Amendment of the Health Insurance Commission Act 1973
24 Human Services Legislation Amendment Bill 2005 No. , 2005
Part IIA--The Chief Executive Officer
1
Division 1--Powers and functions of Chief Executive
2
Officer
3
30 Section 5
4
Before "The", insert "(1)".
5
31 Section 5
6
Omit "Commission", substitute "Chief Executive Officer".
7
Note:
The heading to section 5 is altered by omitting "the Commission" and substituting
8
"Chief Executive Officer".
9
32 Paragraphs 5(c), (d) and (e)
10
Repeal the paragraphs, substitute:
11
(c) any functions conferred on the Chief Executive Officer under
12
any other Act;
13
(d) any functions that the Minister, by writing, directs the Chief
14
Executive Officer to perform;
15
(e) any functions that are prescribed by the regulations;
16
(f) to do anything incidental to or conducive to the performance
17
of any of the above functions.
18
33 At the end of section 5
19
Add:
20
(2) A direction made under paragraph (1)(d) is a legislative instrument,
21
but neither section 42 nor Part 6 of the Legislative Instruments Act
22
2003 applies to the direction.
23
34 Section 6
24
Repeal the section, substitute:
25
6 Chief Executive Officer's medicare functions
26
The Chief Executive Officer's medicare functions are the
27
functions conferred on the Chief Executive Officer by or under the
28
Health Insurance Act 1973.
29
Amendments relating to the Health Insurance Commission Schedule 2
Amendment of the Health Insurance Commission Act 1973 Part 1
Human Services Legislation Amendment Bill 2005 No. , 2005 25
35 Subsection 7(1)
1
Omit "Commission's", substitute "Chief Executive Officer's".
2
Note:
The heading to section 7 is altered by omitting "Commission's" and substituting "Chief
3
Executive Officer's".
4
36 Subsection 7(2)
5
Omit "Commission", substitute "Chief Executive Officer".
6
37 Subsection 7(3)
7
Omit all the words after "provision of the services".
8
38 Subsections 7(4) and (5)
9
Repeal the subsections, substitute:
10
(4) Without limiting subsection (2) or (3), arrangements for the
11
provision of Commonwealth services may include arrangements
12
for:
13
(a) making the Chief Executive Officer or specified employees,
14
or employees in specified classes of employees, available to
15
exercise powers or perform functions in connection with the
16
provision of the services (including powers and functions
17
delegated to the Chief Executive Officer or employees under
18
other laws); or
19
(b) determining a person's eligibility for, or entitlement to
20
receive or have access to, the services; or
21
(c) maintaining records related to the provision of the services;
22
or
23
(d) providing Commonwealth authorities and other persons with
24
information related to the provision of the services; or
25
(e) undertaking education, compliance, investigation and
26
enforcement activities related to the provision of the services;
27
or
28
(f) recovering overpayments and other amounts due to the
29
Commonwealth in connection with the provision of the
30
services; or
31
(g) conducting litigation or proceedings related to the provision
32
of the services.
33
(5) Arrangements for the provision of Commonwealth services may
34
also include agreements covered by section 7A.
35
Schedule 2 Amendments relating to the Health Insurance Commission
Part 1 Amendment of the Health Insurance Commission Act 1973
26 Human Services Legislation Amendment Bill 2005 No. , 2005
(6) An approval given by the Minister under this section is not a
1
legislative instrument.
2
39 Sections 8 to 8AB
3
Repeal the sections, substitute:
4
7A Agreements about exercise and performance of Chief Executive
5
Officer's powers and functions
6
The Chief Executive Officer may enter into a written agreement
7
with a Minister or the principal officer of a Commonwealth
8
authority about the exercise or performance of the Chief Executive
9
Officer's powers or functions.
10
8 Ministerial directions about exercise and performance of Chief
11
Executive Officer's powers and functions
12
(1) The Minister may, by writing, give directions to the Chief
13
Executive Officer about the exercise or performance of the Chief
14
Executive Officer's powers or functions.
15
(2) Without limiting subsection (1), directions under this section may
16
include directions about the following:
17
(a) the objectives, strategies, policies or priorities of the Chief
18
Executive Officer or Medicare Australia;
19
(b) the manner in which the Chief Executive Officer exercises or
20
performs his or her powers or functions;
21
(c) the manner in which Medicare Australia performs its
22
function.
23
(3) The Minister must not give a direction under this section about the
24
exercise or performance of powers or functions in relation to a
25
particular individual or company.
26
Note:
See also section 19 of the Public Service Act 1999 which provides that
27
an Agency Head is not subject to direction by any Minister in relation
28
to the exercise of powers by the Agency Head under Division 1 or 2 of
29
Part 4 of that Act in relation to particular individuals.
30
(4) Particulars of any directions given by the Minister under this
31
section in a financial year must be included in the Chief Executive
32
Officer's annual report for that year.
33
Amendments relating to the Health Insurance Commission Schedule 2
Amendment of the Health Insurance Commission Act 1973 Part 1
Human Services Legislation Amendment Bill 2005 No. , 2005 27
(5) The Chief Executive Officer must ensure that a direction given
1
under this section is complied with.
2
(6) A direction given under this section is not a legislative instrument.
3
8AA Minister may request information
4
(1) The Minister may, by writing, request the Chief Executive Officer
5
to give the Minister information about:
6
(a) the exercise or performance of the Chief Executive Officer's
7
powers or functions; or
8
(b) the operation of Medicare Australia.
9
(2) The Chief Executive Officer must, within a reasonable time,
10
comply with a request under this section.
11
(3) A request made under this section is not a legislative instrument.
12
8AB Management of Medicare Australia
13
The Chief Executive Officer is, under the Minister, responsible for:
14
(a) deciding the objectives, strategies, policies and priorities of
15
Medicare Australia; and
16
(b) managing Medicare Australia; and
17
(c) ensuring that Medicare Australia performs its function in a
18
proper, efficient and effective manner.
19
8AC Delegation
20
(1) The Chief Executive Officer may, by writing, delegate to an
21
employee all or any of the powers or functions of the Chief
22
Executive Officer under this Act or any other Act.
23
(2) However, the Chief Executive Officer must not delegate powers or
24
functions conferred on him or her under another Act if the
25
delegation is inconsistent with the express provisions of that Act.
26
(3) The Chief Executive Officer may, by writing, delegate to an
27
employee all or any of the powers or functions delegated to the
28
Chief Executive Officer under another Act.
29
(4) However, the Chief Executive Officer must not delegate powers or
30
functions delegated to him or her under another Act if the
31
Schedule 2 Amendments relating to the Health Insurance Commission
Part 1 Amendment of the Health Insurance Commission Act 1973
28 Human Services Legislation Amendment Bill 2005 No. , 2005
delegation by the Chief Executive Officer would be inconsistent
1
with the express provisions of that Act.
2
8AD Commonwealth consent to conferral of powers etc. on Chief
3
Executive Officer by State and Territory laws
4
(1) A law of a State or Territory may confer powers or functions, or
5
impose duties, on the Chief Executive Officer.
6
Note:
Section 8AF sets out when such a law imposes a duty on the Chief
7
Executive Officer.
8
(2) Subsection (1) does not authorise the conferral of a power or
9
function, or the imposition of a duty, by a law of a State or
10
Territory to the extent to which:
11
(a) the conferral or imposition, or the authorisation, would
12
contravene any constitutional doctrines restricting the duties
13
that may be imposed on the Chief Executive Officer; or
14
(b) the authorisation would otherwise exceed the legislative
15
power of the Commonwealth.
16
(3) The Chief Executive Officer cannot exercise a power, or perform a
17
duty or function, under a law of a State or Territory without the
18
written approval of the Minister.
19
8AE How duty is imposed on Chief Executive Officer by State and
20
Territory laws
21
Application
22
(1) This section applies if a law of a State or Territory purports to
23
impose a duty on the Chief Executive Officer.
24
Note:
Section 8AF sets out when such a law imposes a duty on the Chief
25
Executive Officer.
26
State or Territory legislative power sufficient to support duty
27
(2) The duty is taken not to be imposed by this Act (or any other law
28
of the Commonwealth) to the extent to which:
29
(a) imposing the duty is within the legislative powers of the State
30
or Territory concerned; and
31
Amendments relating to the Health Insurance Commission Schedule 2
Amendment of the Health Insurance Commission Act 1973 Part 1
Human Services Legislation Amendment Bill 2005 No. , 2005 29
(b) imposing the duty by the law of the State or Territory is
1
consistent with the constitutional doctrines restricting the
2
duties that may be imposed on the Chief Executive Officer.
3
Note:
If this subsection applies, the duty will be taken to be imposed by
4
force of the law of the State or Territory (the Commonwealth having
5
consented under section 8AD to the imposition of the duty by that
6
law).
7
Commonwealth legislative power sufficient to support duty but
8
State or Territory legislative powers are not
9
(3) If, to ensure the validity of the purported imposition of the duty, it
10
is necessary that the duty be imposed by a law of the
11
Commonwealth (rather than by the law of the State or Territory),
12
the duty is taken to be imposed by this Act to the extent necessary
13
to ensure that validity.
14
(4) If, because of subsection (3), this Act is taken to impose the duty, it
15
is the intention of the Parliament to rely on all powers available to
16
it under the Constitution to support the imposition of the duty by
17
this Act.
18
(5) The duty is taken to be imposed by this Act in accordance with
19
subsection (3) only to the extent to which imposing the duty:
20
(a) is within the legislative powers of the Commonwealth; and
21
(b) is consistent with the constitutional doctrines restricting the
22
duties that may be imposed on the Chief Executive Officer.
23
(6) Subsections (1) to (5) do not limit section 8AD.
24
8AF When State and Territory laws impose a duty on Chief
25
Executive Officer
26
For the purposes of sections 8AD and 8AE, a law of a State or
27
Territory imposes a duty on the Chief Executive Officer if:
28
(a) the law confers a power or function on the Chief Executive
29
Officer; and
30
(b) the circumstances in which the power or function is
31
conferred give rise to an obligation on the Chief Executive
32
Officer to exercise the power or to perform the function.
33
Schedule 2 Amendments relating to the Health Insurance Commission
Part 1 Amendment of the Health Insurance Commission Act 1973
30 Human Services Legislation Amendment Bill 2005 No. , 2005
Division 2--Appointment etc. of Chief Executive Officer
1
8AG Appointment
2
(1) There is to be a Chief Executive Officer of Medicare Australia.
3
(2) The Chief Executive Officer is to be appointed in writing by the
4
Minister.
5
(3) The Chief Executive Officer holds office for the period specified in
6
the instrument of appointment. The period must not exceed 5 years.
7
(4) The Chief Executive Officer is to be appointed on a full-time basis.
8
8AH Remuneration
9
(1) The Chief Executive Officer is to be paid the remuneration that is
10
determined by the Remuneration Tribunal. If no determination of
11
that remuneration by the Tribunal is in operation, the Chief
12
Executive Officer is to be paid the remuneration that is prescribed.
13
(2) The Chief Executive Officer is to be paid the allowances that are
14
prescribed.
15
(3) This section has effect subject to the Remuneration Tribunal Act
16
1973.
17
8AI Leave of absence
18
(1) The Chief Executive Officer has the recreation leave entitlements
19
that are determined by the Remuneration Tribunal.
20
(2) The Minister may grant the Chief Executive Officer leave of
21
absence, other than recreation leave, on the terms and conditions as
22
to remuneration or otherwise that the Minister determines.
23
8AJ Other terms and conditions
24
The Chief Executive Officer holds office on the terms and
25
conditions (if any) in relation to matters not covered by this Act
26
that are determined by the Minister in writing.
27
Amendments relating to the Health Insurance Commission Schedule 2
Amendment of the Health Insurance Commission Act 1973 Part 1
Human Services Legislation Amendment Bill 2005 No. , 2005 31
8AK Termination of appointment
1
(1) The Minister may terminate the appointment of the Chief
2
Executive Officer for misbehaviour or physical or mental
3
incapacity.
4
(2) The Minister may terminate the appointment of the Chief
5
Executive Officer if:
6
(a) the Chief Executive Officer:
7
(i) becomes bankrupt; or
8
(ii) applies to take the benefit of any law for the relief of
9
bankrupt or insolvent debtors; or
10
(iii) compounds with his or her creditors; or
11
(iv) makes an assignment of his or her remuneration for the
12
benefit of his or her creditors; or
13
(b) the Chief Executive Officer is absent, except on leave of
14
absence, for 14 consecutive days or for 28 days in any 12
15
months; or
16
(c) the Chief Executive Officer engages, except with the
17
Minister's approval, in paid employment outside the duties of
18
his or her office.
19
(3) The Minister must terminate the appointment of the Chief
20
Executive Officer if, in the Minister's opinion, the performance of
21
the Chief Executive Officer has been unsatisfactory for a
22
significant period of time.
23
8AL Acting Chief Executive Officer
24
(1) The Minister may appoint a person to act as the Chief Executive
25
Officer:
26
(a) during a vacancy in the office of Chief Executive Officer,
27
whether or not an appointment has previously been made to
28
the office; or
29
(b) during any period, or during all periods, when the Chief
30
Executive Officer is absent from duty or from Australia, or
31
is, for any other reason, unable to perform the functions of
32
the office.
33
(2) Anything done by or in relation to a person purporting to act under
34
an appointment under this section is not invalid merely because:
35
Schedule 2 Amendments relating to the Health Insurance Commission
Part 1 Amendment of the Health Insurance Commission Act 1973
32 Human Services Legislation Amendment Bill 2005 No. , 2005
(a) the occasion for the appointment had not arisen; or
1
(b) there was a defect or irregularity in connection with the
2
appointment; or
3
(c) the appointment had stopped having effect; or
4
(d) the occasion for the person to act had not arisen or had
5
stopped.
6
8AM Resignation
7
The Chief Executive Officer may resign by giving the Minister a
8
written resignation.
9
40 Part IIC
10
Repeal the Part.
11
41 Part IID (heading)
12
Repeal the heading, substitute:
13
Part IID--Investigative powers of Chief Executive
14
Officer
15
42 Subsection 8L(1)
16
Omit "Managing Director", substitute "Chief Executive Officer".
17
43 Subsection 8L(1)
18
Omit "Commission is conducting in the performance of its functions",
19
substitute "Chief Executive Officer is conducting in the performance of
20
his or her functions".
21
44 Section 8M
22
Omit "Managing Director", substitute "Chief Executive Officer".
23
45 Section 8M
24
Omit "officer of the Commission", substitute "employee".
25
46 Subsection 8N(1)
26
Omit "Managing Director", substitute "Chief Executive Officer".
27
47 Paragraph 8N(2)(a)
28
Amendments relating to the Health Insurance Commission Schedule 2
Amendment of the Health Insurance Commission Act 1973 Part 1
Human Services Legislation Amendment Bill 2005 No. , 2005 33
Omit "Managing Director", substitute "Chief Executive Officer".
1
48 Subsection 8N(3)
2
Omit "Managing Director", substitute "Chief Executive Officer".
3
49 Subsection 8P(1)
4
Omit "The Managing Director or an", substitute "An".
5
Note:
The heading to section 8P is altered by omitting "Managing Director" and substituting
6
"Chief Executive Officer".
7
50 Subsection 8P(1)
8
Omit "Commission if the Managing Director or", substitute "Chief
9
Executive Officer if the".
10
51 Paragraph 8Q(1)(b)
11
Omit "Commission", substitute "Chief Executive Officer".
12
52 Paragraph 8Q(1)(c)
13
Omit "officer of the Commission", substitute "employee".
14
53 Subsection 8Q(3)
15
Omit "officer of the Commission", substitute "employee".
16
54 Subsection 8Q(4)
17
Omit "officer", substitute "employee".
18
55 Subsection 8S(2)
19
Omit "section 137.2", substitute "section 137.1 or 137.2".
20
56 Subsection 8U(6)
21
Omit "Managing Director's instrument in writing referred to in",
22
substitute "relevant instrument made by the Chief Executive Officer
23
under".
24
57 Paragraph 8Y(2)(b)
25
Omit "Managing Director's instrument in writing referred to in",
26
substitute "relevant instrument made by the Chief Executive Officer
27
under".
28
Schedule 2 Amendments relating to the Health Insurance Commission
Part 1 Amendment of the Health Insurance Commission Act 1973
34 Human Services Legislation Amendment Bill 2005 No. , 2005
58 Subsection 8ZM(1)
1
Omit "Commission", substitute "Chief Executive Officer".
2
59 Subsection 8ZM(2)
3
Omit "Commission" (wherever occurring), substitute "Chief Executive
4
Officer".
5
60 Subsection 8ZN(1)
6
Omit "Commission", substitute "Chief Executive Officer".
7
61 Paragraph 8ZN(2)(b)
8
Omit "Commission", substitute "Chief Executive Officer".
9
62 Subsection 8ZQ(1)
10
Omit "Commission's", substitute "Chief Executive Officer's".
11
63 Subsection 8ZQ(2)
12
Omit "Commission's", substitute "Chief Executive Officer's".
13
64 Parts III, IV and V
14
Repeal the Parts, substitute:
15
Part III--Staff of Medicare Australia
16
20 Staff
17
(1) Subject to this Part, the staff of Medicare Australia are to be
18
persons engaged under the Public Service Act 1999.
19
(2) For the purposes of the Public Service Act 1999:
20
(a) the Chief Executive Officer and the APS employees assisting
21
the Chief Executive Officer together constitute a Statutory
22
Agency; and
23
(b) the Chief Executive Officer is the Head of that Statutory
24
Agency.
25
Amendments relating to the Health Insurance Commission Schedule 2
Amendment of the Health Insurance Commission Act 1973 Part 1
Human Services Legislation Amendment Bill 2005 No. , 2005 35
21 Consultants
1
(1) The Chief Executive Officer may engage as consultants persons
2
having suitable qualifications and experience.
3
(2) The terms and conditions of engagement are to be determined by
4
the Chief Executive Officer.
5
65 Section 41A
6
Repeal the section.
7
66 Paragraph 41C(1)(a)
8
Omit "the name `medicare', or", substitute "the name `medicare' or
9
`Medicare Australia', or".
10
Note:
The heading to section 41C is replaced by the heading "Protection of names and
11
symbols".
12
67 Paragraphs 41C(1)(b) to (d)
13
Omit "the name `medicare' or", substitute "the name `medicare' or
14
`Medicare Australia' or".
15
68 Subsection 41C(2)
16
Omit "the name `medicare' or", substitute "the name `medicare' or
17
`Medicare Australia' or".
18
69 Paragraph 41C(2)(c)
19
Omit "or the Commission", substitute ", the Chief Executive Officer or
20
Medicare Australia".
21
70 Paragraphs 41C(5)(a) to (c)
22
Repeal the paragraphs, substitute:
23
(a) a reference to the name "medicare" or "Medicare Australia"
24
is to be read as including a reference to a name or expression
25
that so nearly resembles the name as to be capable of being
26
mistaken for the name; and
27
(b) a reference to an official "medicare" or "Medicare Australia"
28
symbol is to be read as a reference to a symbol declared by
29
the regulations to be an official "medicare" or "Medicare
30
Australia" symbol; and
31
Schedule 2 Amendments relating to the Health Insurance Commission
Part 1 Amendment of the Health Insurance Commission Act 1973
36 Human Services Legislation Amendment Bill 2005 No. , 2005
(c) a reference to a prescribed symbol is to be read as a reference
1
to an emblem, brand, design, symbol, logo or mark that:
2
(i) is identical with an official "medicare" or "Medicare
3
Australia" symbol; or
4
(ii) so nearly resembles an official "medicare" or "Medicare
5
Australia" symbol as to be capable of being mistaken
6
for an official "medicare" or "Medicare Australia"
7
symbol; and
8
71 At the end of paragraph 41C(5)(d)
9
Add "and".
10
72 Subsection 41C(9)
11
Omit "or the Commission" (wherever occurring).
12
73 Subsection 41C(9)
13
Omit "name `medicare' or of an official `medicare' symbol", substitute
14
"name `medicare' or `Medicare Australia' or of an official `medicare'
15
or `Medicare Australia' symbol".
16
74 Section 41E
17
Omit "or the Commission".
18
75 Section 41E
19
Omit "or of the Commission".
20
76 After section 41E
21
Insert:
22
41F Chief Executive Officer may charge for services
23
The Chief Executive Officer may charge fees for services he or she
24
provides in connection with the performance of his or her
25
functions.
26
77 Before subsection 42(1)
27
Insert:
28
Amendments relating to the Health Insurance Commission Schedule 2
Amendment of the Health Insurance Commission Act 1973 Part 1
Human Services Legislation Amendment Bill 2005 No. , 2005 37
(1A) The Chief Executive Officer must, as soon as practicable after the
1
end of each financial year, prepare and give the Minister a report
2
on:
3
(a) the exercise and performance of the powers and functions of
4
the Chief Executive Officer during that year; and
5
(b) the operations of Medicare Australia during that year.
6
Note:
The heading to section 42 is replaced by the heading "Chief Executive Officer's
7
annual report".
8
78 Subsection 42(1)
9
Omit "on the Commission under section 9 of the Commonwealth
10
Authorities and Companies Act 1997 must also include", substitute
11
"must include".
12
79 At the end of section 42
13
Add:
14
(3) The Minister must cause a copy of each report under this section to
15
be laid before each House of the Parliament within 15 sitting days
16
of that House after the day on which the Minister receives the
17
report.
18
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
38 Human Services Legislation Amendment Bill 2005 No. , 2005
1
Part 2--Consequential amendments
2
Administrative Decisions (Judicial Review) Act 1977
3
80 Paragraph (k) of Schedule 2
4
Omit "Health Insurance Commission".
5
Aged Care Act 1997
6
81 Paragraph 86-3(c)
7
Omit "Health Insurance Commission", substitute "Chief Executive
8
Officer of Medicare Australia".
9
Age Discrimination Act 2004
10
82 Subparagraph 42(5)(a)(i)
11
Omit "Health Insurance Commission", substitute "Chief Executive
12
Officer of Medicare Australia".
13
83 Paragraph 42(5)(b)
14
Omit "Health Insurance Commission", substitute "Chief Executive
15
Officer of Medicare Australia".
16
A New Tax System (Family Assistance) (Administration) Act
17
1999
18
84 Subsection 3(1) (paragraph (d) of the definition of agency)
19
Repeal the paragraph, substitute:
20
(d) Medicare Australia.
21
85 Subsection 3(1) (paragraph (d) of the definition of head)
22
Omit "the Health Insurance Commission--the Managing Director of
23
the Commission", substitute "Medicare Australia--the Chief Executive
24
Officer of Medicare Australia".
25
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 39
86 Subsection 3(1) (paragraph (b) of the definition of
1
protected information)
2
Omit "the Health Insurance Commission", substitute "Medicare
3
Australia".
4
87 Subsection 3(1) (after paragraph (b) of the definition of
5
protected information)
6
Insert:
7
(ba) information about a person obtained by an officer under the
8
family assistance law that was held in the records of the
9
Health Insurance Commission; or
10
88 Paragraph 118(1)(e)
11
Omit "the Health Insurance Commission--the Managing Director of
12
the Commission", substitute "Medicare Australia--the Chief Executive
13
Officer of Medicare Australia".
14
89 Subsection 234(3)
15
Omit "Managing Director of the Health Insurance Commission",
16
substitute "Chief Executive Officer of Medicare Australia".
17
Freedom of Information Act 1982
18
90 Division 1 of Part II of Schedule 2
19
Omit "Health Insurance Commission, in relation to documents in
20
respect of its commercial activities".
21
91 Division 1 of Part II of Schedule 2 (after item dealing with
22
Indigenous Business Australia)
23
Insert:
24
25
Medicare Australia, in relation to documents in respect of its
commercial activities
Health and Other Services (Compensation) Act 1995
26
92 Subsection 3(1) (definition of Commission)
27
Repeal the definition.
28
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
40 Human Services Legislation Amendment Bill 2005 No. , 2005
93 Subsection 3(1)
1
Insert:
2
employee of Medicare Australia means an employee within the
3
meaning of the Medicare Australia Act 1973.
4
94 Subsection 3(1) (definition of Managing Director)
5
Repeal the definition.
6
95 Subsection 3(1)
7
Insert:
8
Medicare Australia CEO means the Chief Executive Officer of
9
Medicare Australia.
10
96 Subsection 3(1) (definition of officer of the Commission)
11
Repeal the definition.
12
97 Paragraph 8(6)(a)
13
Omit "Commission", substitute "Medicare Australia CEO".
14
98 Paragraph 10(6)(a)
15
Omit "Commission", substitute "Medicare Australia CEO".
16
99 Section 13
17
Omit "Commission", substitute "Medicare Australia CEO".
18
100 Subsections 14(1) and (3)
19
Omit "Managing Director" (wherever occurring), substitute "Medicare
20
Australia CEO".
21
101 Subsection 17(1)
22
Omit "Managing Director", substitute "Medicare Australia CEO".
23
102 Subsection 17(1)
24
Omit "Commission", substitute "Medicare Australia CEO".
25
103 Paragraph 17(3)(a)
26
Omit "Commission", substitute "Medicare Australia CEO".
27
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 41
104 Subsection 17(4)
1
Omit "Managing Director", substitute "Medicare Australia CEO".
2
105 Subsection 17(5)
3
Omit "Commission", substitute "Medicare Australia CEO".
4
106 Subsections 17(5A) and (6)
5
Omit "Managing Director", substitute "Medicare Australia CEO".
6
107 Subsection 18(1)
7
Omit "Commission", substitute "Medicare Australia CEO".
8
108 Subsection 18(3)
9
Omit "Managing Director", substitute "Medicare Australia CEO".
10
109 Paragraph 18(4)(b)
11
Omit "Managing Director", substitute "Medicare Australia CEO".
12
110 Subsection 18(5)
13
Omit "Commission", substitute "Medicare Australia CEO".
14
111 Subsection 18(6)
15
Omit "Managing Director", substitute "Medicare Australia CEO".
16
112 Subsection 18(7)
17
Omit "Managing Director" (first occurring), substitute "Medicare
18
Australia CEO".
19
113 Paragraph 18(7)(c)
20
Omit "Managing Director", substitute "Medicare Australia CEO".
21
114 Subparagraph 18(7)(c)(ii)
22
Omit "Commission", substitute "Medicare Australia CEO".
23
115 Paragraph 18(8)(c)
24
Omit "Managing Director", substitute "Medicare Australia CEO".
25
116 Subsection 18(10)
26
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
42 Human Services Legislation Amendment Bill 2005 No. , 2005
Omit "Managing Director", substitute "Medicare Australia CEO".
1
117 Subsection 19(1)
2
Repeal the subsection, substitute:
3
(1) If the claimant is dissatisfied with the Medicare Australia CEO's
4
decision about extension of the period, the claimant may apply in
5
writing to the Medicare Australia CEO for the decision to be
6
reconsidered.
7
118 Subsection 19(3)
8
Omit "Managing Director" (first occurring), substitute "Medicare
9
Australia CEO".
10
119 Paragraph 19(3)(d)
11
Omit "Managing Director's", substitute "Medicare Australia CEO's".
12
120 Subsection 19(4)
13
Omit "Managing Director's", substitute "Medicare Australia CEO's".
14
121 Paragraph 21(1)(a)
15
Omit "Commission", substitute "Medicare Australia CEO".
16
122 Subsection 21(1)
17
Omit "Managing Director", substitute "Medicare Australia CEO".
18
123 Subsection 21(3)
19
Omit "Commission", substitute "Medicare Australia CEO".
20
124 Subsections 21(3) and (5)
21
Omit "Managing Director", substitute "Medicare Australia CEO".
22
125 Subsection 21(8)
23
Omit "Managing Director" (first occurring), substitute "Medicare
24
Australia CEO".
25
126 Paragraph 21(8)(a)
26
Omit "Managing Director" (wherever occurring), substitute "Medicare
27
Australia CEO".
28
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 43
127 Subsections 21(9) and (10)
1
Omit "Managing Director", substitute "Medicare Australia CEO".
2
128 Subsection 21(11)
3
Omit "Commission", substitute "Medicare Australia CEO".
4
129 Subsection 21(12)
5
Omit "Managing Director" (first occurring), substitute "Medicare
6
Australia CEO".
7
130 Paragraph 21(12)(b)
8
Omit "Managing Director", substitute "Medicare Australia CEO".
9
131 Paragraph 21(13)(a)
10
Omit "Managing Director", substitute "Medicare Australia CEO".
11
132 Paragraph 22(1)(b)
12
Omit "Managing Director", substitute "Medicare Australia CEO".
13
133 Subsections 23(1), (3), (3A), (4), (5) and (5A)
14
Omit "Commission", substitute "Medicare Australia CEO".
15
134 Paragraph 23A(1)(b)
16
Omit "Commission", substitute "Medicare Australia CEO".
17
135 Paragraph 23A(1)(c)
18
Omit "Managing Director", substitute "Medicare Australia CEO".
19
136 Subparagraphs 23A(1)(d)(i) and (ii)
20
Omit "Managing Director", substitute "Medicare Australia CEO".
21
137 Subsection 23A(2)
22
Omit "Commission", substitute "Medicare Australia CEO".
23
138 Subsection 23A(2) (note)
24
Omit "Commission", substitute "Medicare Australia CEO".
25
139 Subsection 23A(3)
26
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
44 Human Services Legislation Amendment Bill 2005 No. , 2005
Omit "Managing Director", substitute "Medicare Australia CEO".
1
140 Subsection 23B(1)
2
Omit "Managing Director" (first occurring), substitute "Medicare
3
Australia CEO".
4
141 Subsection 23B(1)
5
Omit "Commission" (first occurring), substitute "Medicare Australia
6
CEO".
7
142 Subsection 23B(1)
8
Omit "Managing Director" (second occurring), substitute "Medicare
9
Australia CEO".
10
143 Paragraph 23B(1)(c)
11
Omit "Commission", substitute "Medicare Australia CEO".
12
144 Paragraph 23B(2)(a)
13
Omit "Commission", substitute "Medicare Australia CEO".
14
145 Paragraph 23B(2)(b)
15
Omit "Managing Director", substitute "Medicare Australia CEO".
16
146 Subsection 23B(3)
17
Omit "Commission", substitute "Medicare Australia CEO".
18
147 Subsection 23B(4)
19
Omit "Managing Director" (first occurring), substitute "Medicare
20
Australia CEO".
21
148 Paragraph 23B(4)(f)
22
Omit "Managing Director", substitute "Medicare Australia CEO".
23
149 Subsection 23C(1)
24
Omit "Managing Director" (wherever occurring), substitute "Medicare
25
Australia CEO".
26
150 Subsection 23C(2)
27
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 45
Omit "Commission" (first occurring), substitute "Medicare Australia
1
CEO".
2
151 Subsection 23C(2)
3
Omit "Managing Director", substitute "Medicare Australia CEO".
4
152 Subsection 23C(2)
5
Omit "Commission" (second occurring), substitute "Medicare Australia
6
CEO".
7
153 Subsection 23D(1)
8
Omit "Managing Director", substitute "Medicare Australia CEO".
9
154 Subsection 24(1)
10
Omit "Commission", substitute "Medicare Australia CEO".
11
155 Subsection 24(1)
12
Omit "Managing Director", substitute "Medicare Australia CEO".
13
156 Subsection 24(4)
14
Omit "Managing Director" (first occurring), substitute "Medicare
15
Australia CEO".
16
157 Paragraph 24(4)(a)
17
Omit "Managing Director", substitute "Medicare Australia CEO".
18
158 Paragraphs 24(4)(a) and (b)
19
Omit "Commission", substitute "Medicare Australia CEO".
20
159 Subsections 24(5) and (6)
21
Omit "Managing Director", substitute "Medicare Australia CEO".
22
160 Subsection 25(1)
23
Omit "Commission", substitute "Medicare Australia CEO".
24
161 Subsections 25(1) and (4)
25
Omit "Managing Director", substitute "Medicare Australia CEO".
26
162 Subsection 25(4)
27
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
46 Human Services Legislation Amendment Bill 2005 No. , 2005
Omit "Commission", substitute "Medicare Australia CEO".
1
163 Subsection 25(5)
2
Omit "Managing Director", substitute "Medicare Australia CEO".
3
164 Paragraphs 25(5)(a) and (b)
4
Omit "Commission", substitute "Medicare Australia CEO".
5
165 Subsections 25(6) and (7)
6
Omit "Managing Director", substitute "Medicare Australia CEO".
7
166 Subsection 25(8)
8
Omit "Managing Director" (first occurring), substitute "Medicare
9
Australia CEO".
10
167 Paragraph 25(8)(a)
11
Omit "Managing Director" (wherever occurring), substitute "Medicare
12
Australia CEO".
13
168 Subsections 26(1) and (3)
14
Omit "Commission", substitute "Medicare Australia CEO".
15
169 Paragraph 26(6)(a)
16
Omit "Commission", substitute "Medicare Australia CEO".
17
170 Subsections 28(1) and (2)
18
Omit "Managing Director", substitute "Medicare Australia CEO".
19
171 Subsection 32(1)
20
Omit "Managing Director" (first occurring), substitute "Medicare
21
Australia CEO".
22
172 Paragraphs 32(1)(a) and (b)
23
Omit "Managing Director", substitute "Medicare Australia CEO".
24
173 Subsection 33C(1)
25
Omit "Commission", substitute "Medicare Australia CEO".
26
174 Paragraph 33D(1)(a)
27
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 47
Omit "Commission", substitute "Medicare Australia CEO".
1
175 Subsection 33D(2)
2
Omit "Managing Director" (first occurring), substitute "Medicare
3
Australia CEO".
4
176 Paragraphs 33D(2)(b) and (3)(a)
5
Omit "Managing Director", substitute "Medicare Australia CEO".
6
177 Subsection 33H(2)
7
Omit "Commission", substitute "Medicare Australia CEO".
8
178 Subsection 33K(1)
9
Omit "Commission" (wherever occurring), substitute "Medicare
10
Australia CEO".
11
179 Subsection 34(1)
12
Omit "Commission" (first occurring), substitute "Medicare Australia
13
CEO".
14
180 Subparagraph 34(1)(b)(i)
15
Omit "Commission", substitute "Medicare Australia CEO".
16
181 Subparagraph 34(1)(b)(i)
17
Omit "Managing Director", substitute "Medicare Australia CEO".
18
182 Subsection 34(2)
19
Omit "Managing Director", substitute "Medicare Australia CEO".
20
183 Paragraphs 35(1)(a) and 36(1)(a)
21
Omit "Commission", substitute "Medicare Australia CEO".
22
184 Section 39
23
Omit "Commission", substitute "Medicare Australia CEO".
24
185 Subsection 40(1)
25
Repeal the subsection, substitute:
26
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
48 Human Services Legislation Amendment Bill 2005 No. , 2005
(1) In addition to the functions of the Medicare Australia CEO under
1
the Medicare Australia Act 1973, the Medicare Australia CEO has
2
such additional functions as are conferred on the Medicare
3
Australia CEO under this Act.
4
Note:
The heading to section 40 is altered by omitting "Commission" and substituting
5
"Medicare Australia CEO".
6
186 Subsection 40(2)
7
Omit "Commission" (first occurring), substitute "Medicare Australia
8
CEO".
9
187 Subsection 40(2)
10
Omit "its", substitute "his or her".
11
188 Subsection 40(2)
12
Omit "Health Insurance Commission", substitute "Medicare Australia".
13
189 Subsection 41(1)
14
Omit "Managing Director", substitute "Medicare Australia CEO".
15
190 Paragraph 41(1)(a)
16
Omit "officer of the Commission", substitute "employee of Medicare
17
Australia".
18
191 Subsection 41(2)
19
Omit "Commission" (first occurring), substitute "Medicare Australia
20
CEO".
21
192 Subsection 41(2)
22
Omit "Health Insurance Commission", substitute "Medicare Australia".
23
193 Paragraph 41(3)(b)
24
Omit "Managing Director", substitute "Medicare Australia CEO".
25
194 Paragraph 41(3)(c)
26
Omit "officer of the Commission", substitute "employee of Medicare
27
Australia".
28
195 Subsection 42(1)
29
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 49
Omit "Managing Director" (wherever occurring), substitute "Medicare
1
Australia CEO".
2
Note:
The heading to section 42 is altered by omitting "Managing Director" and substituting
3
"Medicare Australia CEO".
4
196 Subsection 42(3) (paragraph (a) of the definition of
5
authorised officer)
6
Omit "Health Insurance Commission", substitute "Medicare Australia".
7
197 Subsection 42(3) (paragraph (b) of the definition of
8
authorised officer)
9
Omit "officer of the Commission", substitute "employee of Medicare
10
Australia".
11
198 Subsection 42(3) (paragraph (b) of the definition of
12
authorised officer)
13
Omit "Managing Director", substitute "Medicare Australia CEO".
14
199 Paragraph 43(1)(c)
15
Omit "officer of the Commission", substitute "employee of Medicare
16
Australia".
17
200 Subsections 43(3) and (5)
18
Omit "officer of the Commission", substitute "employee of Medicare
19
Australia".
20
201 Subsection 43(5)
21
Omit "Commission" (second occurring), substitute "Medicare Australia
22
CEO".
23
202 Section 46
24
Omit "Commission" (first occurring), substitute "Medicare Australia
25
CEO".
26
203 Paragraph 46(b)
27
Omit "Commission", substitute "Medicare Australia CEO".
28
Health and Other Services (Compensation) Care Charges Act
29
1995
30
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
50 Human Services Legislation Amendment Bill 2005 No. , 2005
204 Paragraph 6(6)(a)
1
Omit "Commission", substitute "Medicare Australia CEO".
2
205 Paragraph 8(6)(a)
3
Omit "Commission", substitute "Medicare Australia CEO".
4
Health Insurance Act 1973
5
206 Subsection 3(1) (definition of Commission)
6
Repeal the definition.
7
207 Subsection 3(1)
8
Insert:
9
employee of Medicare Australia means an employee within the
10
meaning of the Medicare Australia Act 1973.
11
208 Subsection 3(1)
12
Insert:
13
Medicare Australia CEO means the Chief Executive Officer of
14
Medicare Australia.
15
209 Subsection 3(1) (definition of officer)
16
Repeal the definition.
17
210 Subsections 3D(1) and (3)
18
Omit "Managing Director of the Commission", substitute "Medicare
19
Australia CEO".
20
211 Paragraph 3DA(3)(a)
21
Omit "Managing Director of the Commission", substitute "Medicare
22
Australia CEO".
23
212 Subsection 3EA(1)
24
Omit "Commission", substitute "Medicare Australia CEO".
25
213 Subsection 3EA(2)
26
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 51
Omit "Managing Director of the Commission", substitute "Medicare
1
Australia CEO".
2
214 Subsection 3EA(2)
3
Omit "Managing Director" (second occurring), substitute "Medicare
4
Australia CEO".
5
215 Paragraphs 3EA(3)(a) and (b)
6
Omit "Commission", substitute "Medicare Australia CEO".
7
216 Subsection 3EA(4)
8
Omit "Managing Director", substitute "Medicare Australia CEO".
9
217 Subsection 3EA(5)
10
Omit "Commission", substitute "Medicare Australia CEO".
11
218 Subsection 3EA(6)
12
Omit "Managing Director", substitute "Medicare Australia CEO".
13
219 Subsection 3EA(7) (definition of authorised officer)
14
Omit "a Commission staff member authorised by the Managing
15
Director", substitute "an employee of Medicare Australia authorised by
16
the Medicare Australia CEO".
17
220 Subsection 3EA(7) (definition of Commission staff
18
member)
19
Repeal the definition.
20
221 Subsection 3EB(1)
21
Omit "Managing Director of the Commission", substitute "Medicare
22
Australia CEO".
23
222 Paragraphs 3EB(1)(a) and (b)
24
Omit "Managing Director", substitute "Medicare Australia CEO".
25
223 Subsection 3EB(2)
26
Omit "Managing Director", substitute "Medicare Australia CEO".
27
224 Subsections 3F(2) and (4)
28
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
52 Human Services Legislation Amendment Bill 2005 No. , 2005
Omit "Commission", substitute "Medicare Australia CEO".
1
225 Subsection 3F(6)
2
Omit "Managing Director of the Commission", substitute "Medicare
3
Australia CEO".
4
226 Subsection 3F(6)
5
Omit "Managing Director" (second occurring), substitute "Medicare
6
Australia CEO".
7
227 Paragraphs 3F(6A)(a) and (b)
8
Omit "Commission", substitute "Medicare Australia CEO".
9
228 Subsection 3F(7)
10
Omit "Managing Director of the Commission", substitute "Medicare
11
Australia CEO".
12
229 Subsection 3F(8)
13
Omit "Commission", substitute "Medicare Australia CEO".
14
230 Subsection 3F(9)
15
Omit "Managing Director of the Commission", substitute "Medicare
16
Australia CEO".
17
231 Subsection 3F(10) (definition of authorised officer)
18
Omit "a Commission staff member authorised by the Managing
19
Director of the Commission", substitute "an employee of Medicare
20
Australia authorised by the Medicare Australia CEO".
21
232 Subsection 3F(10) (definition of Commission staff
22
member)
23
Repeal the definition.
24
233 Subsection 3G(1)
25
Omit "Managing Director of the Commission", substitute "Medicare
26
Australia CEO".
27
234 Paragraphs 3G(1)(a) and (b)
28
Omit "Managing Director", substitute "Medicare Australia CEO".
29
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 53
235 Subsection 3G(2)
1
Omit "Managing Director", substitute "Medicare Australia CEO".
2
236 Subsections 3GA(2) and (4)
3
Omit "Commission", substitute "Medicare Australia CEO".
4
237 Paragraph 3GA(5)(a)
5
Omit "Managing Director of the Commission", substitute "Medicare
6
Australia CEO".
7
238 Subsection 3GA(5)
8
Omit "Managing Director" (second occurring), substitute "Medicare
9
Australia CEO".
10
239 Paragraph 3GA(6)(a)
11
Omit "Managing Director of the Commission", substitute "Medicare
12
Australia CEO".
13
240 Subparagraphs 3GA(6)(a)(i) and (ii)
14
Omit "Commission", substitute "Medicare Australia CEO".
15
241 Paragraph 3GA(6)(b)
16
Omit "Commission", substitute "Medicare Australia CEO".
17
242 Subsection 3GA(7)
18
Omit "Managing Director", substitute "Medicare Australia CEO".
19
243 Subsection 3GA(8)
20
Omit "Commission", substitute "Medicare Australia CEO".
21
244 Subsection 3GB(1)
22
Omit "Managing Director of the Commission", substitute "Medicare
23
Australia CEO".
24
245 Paragraphs 3GB(1)(a) and (b)
25
Omit "Managing Director", substitute "Medicare Australia CEO".
26
246 Subsection 3GB(2)
27
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
54 Human Services Legislation Amendment Bill 2005 No. , 2005
Omit "Managing Director", substitute "Medicare Australia CEO".
1
247 Subsection 8(1A) (definition of General Manager)
2
Repeal the definition.
3
248 Subsection 10AA(2)
4
Omit "Commission" (first occurring), substitute "Medicare Australia
5
CEO".
6
249 Subsection 10AA(2)
7
Omit "General Manager", substitute "Medicare Australia CEO".
8
250 Subsection 10AA(2)
9
Omit "Commission" (second occurring), substitute "Medicare Australia
10
CEO".
11
251 Subsection 10AA(4)
12
Omit "Commission" (first occurring), substitute "Medicare Australia
13
CEO".
14
252 Subsection 10AA(4)
15
Omit "General Manager", substitute "Medicare Australia CEO".
16
253 Subsection 10AA(4)
17
Omit "Commission" (second occurring), substitute "Medicare Australia
18
CEO".
19
254 Subsection 10AA(5)
20
Omit "Commission" (first occurring), substitute "Medicare Australia
21
CEO".
22
255 Subsection 10AA(5)
23
Omit "General Manager", substitute "Medicare Australia CEO".
24
256 Subsection 10AA(5)
25
Omit "Commission" (second occurring), substitute "Medicare Australia
26
CEO".
27
257 Paragraphs 10AC(2)(a), (b) and (c)
28
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 55
Omit "Commission", substitute "Medicare Australia CEO".
1
258 Paragraphs 10AC(3)(a) and (b)
2
Omit "Commission", substitute "Medicare Australia CEO".
3
259 Paragraph 10ACA(4)(d)
4
Omit "Commission", substitute "Medicare Australia CEO".
5
260 Subsection 10ACA(5)
6
Omit "Commission", substitute "Medicare Australia CEO".
7
261 Paragraphs 10ACA(6)(c) and (d)
8
Omit "Commission", substitute "Medicare Australia CEO".
9
262 Paragraphs 10AD(3)(a), (b) and (c)
10
Omit "Commission", substitute "Medicare Australia CEO".
11
263 Paragraph 10ADA(5)(d)
12
Omit "Commission", substitute "Medicare Australia CEO".
13
264 Subsection 10ADA(6)
14
Omit "Commission", substitute "Medicare Australia CEO".
15
265 Paragraphs 10ADA(7)(c) and (d)
16
Omit "Commission", substitute "Medicare Australia CEO".
17
266 Subsection 10AE(1)
18
Omit "Commission" (first and second occurring), substitute "Medicare
19
Australia CEO".
20
267 Paragraph 10AE(1)(b)
21
Omit "Commission" (wherever occurring), substitute "Medicare
22
Australia CEO".
23
268 Subparagraph 16B(7)(e)(i)
24
Omit "Commission", substitute "Medicare Australia CEO".
25
269 Subparagraph 16B(11)(d)(i)
26
Omit "Commission", substitute "Medicare Australia CEO".
27
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
56 Human Services Legislation Amendment Bill 2005 No. , 2005
270 Paragraph 19AB(6)(b)
1
Omit "Commission", substitute "Medicare Australia CEO".
2
271 Subsection 19AB(6)
3
Omit "officer of the Commission", substitute "employee of Medicare
4
Australia".
5
272 Subsection 19D(12)
6
Omit "Commission", substitute "Medicare Australia CEO".
7
273 Subsection 20(1)
8
Omit "Commission", substitute "Medicare Australia CEO".
9
274 Subsection 20(1A)
10
Omit "Managing Director of the Commission", substitute "Medicare
11
Australia CEO".
12
275 Subsections 20(3) and (4)
13
Omit "Commission", substitute "Medicare Australia CEO".
14
276 Subsection 20A(3A)
15
Omit "Managing Director of the Commission", substitute "Medicare
16
Australia CEO".
17
277 Subsections 20AB(1), (3) and (4)
18
Omit "Commission", substitute "Medicare Australia CEO".
19
278 Subsection 20AC(1)
20
Omit "Commission" (first and second occurring), substitute "Medicare
21
Australia CEO".
22
279 Paragraph 20AC(1)(a)
23
Omit "Commission", substitute "Medicare Australia CEO".
24
280 Subsection 20AC(2)
25
Omit "Commission" (first occurring), substitute "Medicare Australia
26
CEO".
27
281 Paragraph 20AC(2)(a)
28
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 57
Omit "Commission's", substitute "Medicare Australia CEO's".
1
282 Paragraph 20AC(2)(b)
2
Omit "Commission", substitute "Medicare Australia CEO".
3
283 Subsections 20AC(3), (4) and (5)
4
Omit "Commission", substitute "Medicare Australia CEO".
5
284 Subsection 20AD(1)
6
Omit "Commission" (wherever occurring), substitute "Medicare
7
Australia CEO".
8
285 Subsections 20AD(2), (3) and (4)
9
Omit "Commission", substitute "Medicare Australia CEO".
10
286 Subsection 20AD(4)
11
Omit "Commission's", substitute "Medicare Australia CEO's".
12
287 Subsection 20AD(5)
13
Omit "Commission", substitute "Medicare Australia CEO".
14
288 Paragraph 20B(1)(a)
15
Omit "Commission" (first and second occurring), substitute "Medicare
16
Australia CEO".
17
289 Paragraph 20B(1)(a)
18
Omit "Managing Director of the Commission", substitute "Medicare
19
Australia CEO".
20
290 Paragraph 20B(1)(b)
21
Omit "Commission" (first and second occurring), substitute "Medicare
22
Australia CEO".
23
291 Paragraph 20B(1)(b)
24
Omit "Managing Director of the Commission", substitute "Medicare
25
Australia CEO".
26
292 Paragraph 20B(2)(b)
27
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
58 Human Services Legislation Amendment Bill 2005 No. , 2005
Omit "Commission" (first and second occurring), substitute "Medicare
1
Australia CEO".
2
293 Paragraph 20B(2)(b)
3
Omit "Managing Director of the Commission", substitute "Medicare
4
Australia CEO".
5
294 Subsections 20B(2A) and (3)
6
Omit "Commission", substitute "Medicare Australia CEO".
7
295 Paragraph 20BA(1)(e)
8
Omit "Managing Director", substitute "Medicare Australia CEO".
9
296 Paragraph 20BA(1)(e)
10
Omit "officer of the Commission", substitute "employee of Medicare
11
Australia".
12
297 Subsection 20BA(2)
13
Omit "Managing Director's", substitute "Medicare Australia CEO's".
14
298 Subsection 20BA(3)
15
Omit "Managing Director", substitute "Medicare Australia CEO".
16
299 Paragraph 20BA(3)(c)
17
Omit "officer of the Commission", substitute "employee of Medicare
18
Australia".
19
300 Paragraph 20BA(3)(d)
20
Omit "Managing Director's", substitute "Medicare Australia CEO's".
21
301 Subsection 20BA(4)
22
Omit "Managing Director's", substitute "Medicare Australia CEO's".
23
302 Subsection 20BA(5)
24
Omit "officer of the Commission", substitute "employee of Medicare
25
Australia".
26
303 Subsection 23DA(1) (definition of officer)
27
Omit "other than the Commission".
28
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 59
304 Paragraph 23DK(1A)(c)
1
Omit "Managing Director of the Commission", substitute "Medicare
2
Australia CEO".
3
305 Paragraph 23DK(2A)(c)
4
Omit "Managing Director of the Commission", substitute "Medicare
5
Australia CEO".
6
306 Subsection 23DK(3)
7
Omit "Managing Director of the Commission", substitute "Medicare
8
Australia CEO".
9
307 Subsection 23DK(3)
10
Omit "officer of the Commission", substitute "employee of Medicare
11
Australia".
12
308 Subsection 23DK(3)
13
Omit "Managing Director" (second occurring), substitute "Medicare
14
Australia CEO".
15
309 Subsection 23DK(4)
16
Omit "officer" (first occurring), substitute "employee of Medicare
17
Australia".
18
310 Subsection 23DK(4)
19
Omit "officer" (second occurring), substitute "employee".
20
311 Subsection 23DKA(4)
21
Omit "Managing Director of the Commission", substitute "Medicare
22
Australia CEO".
23
312 Subsection 23DKA(4)
24
Omit "officer of the Commission", substitute "employee of Medicare
25
Australia".
26
313 Subsection 23DKA(5)
27
Omit "officer of the Commission", substitute "employee of Medicare
28
Australia".
29
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
60 Human Services Legislation Amendment Bill 2005 No. , 2005
314 Subsection 23DKA(5)
1
Omit "officer" (second occurring), substitute "employee".
2
315 Paragraphs 23DKA(7)(a) and (b)
3
Omit "officer of the Commission", substitute "employee of Medicare
4
Australia".
5
316 Subsection 23DR(2)
6
Omit "Managing Director of the Commission", substitute "Medicare
7
Australia CEO".
8
317 Subsections 23DR(2) and (3)
9
Omit "officer of the Commission", substitute "employee of Medicare
10
Australia".
11
318 Subsection 23DR(3)
12
Omit "officer" (second occurring), substitute "employee".
13
319 Subsection 23DS(4)
14
Omit "Managing Director of the Commission", substitute "Medicare
15
Australia CEO".
16
320 Subsections 23DS(4) and (5)
17
Omit "officer of the Commission", substitute "employee of Medicare
18
Australia".
19
321 Subsection 23DS(5)
20
Omit "officer" (second occurring), substitute "employee".
21
322 Paragraphs 23DS(7)(a) and (b)
22
Omit "officer of the Commission", substitute "employee of Medicare
23
Australia".
24
323 Subsection 23DSC(2)
25
Omit "Commission", substitute "Medicare Australia CEO".
26
324 Paragraph 23DSC(4)(c)
27
Omit "Commission", substitute "Medicare Australia CEO".
28
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 61
325 Subsection 23DSC(4)
1
Omit "Managing Director of the Commission", substitute "Medicare
2
Australia CEO".
3
326 Paragraph 23DSC(5)(b)
4
Omit "Commission", substitute "Medicare Australia CEO".
5
327 Subsections 23DSC(6) and (7)
6
Omit "Managing Director", substitute "Medicare Australia CEO".
7
328 Paragraphs 23DSD(1)(a), (b) and (c)
8
Omit "Commission" (wherever occurring), substitute "Medicare
9
Australia CEO".
10
329 Subsection 23DSD(2)
11
Omit "Managing Director of the Commission", substitute "Medicare
12
Australia CEO".
13
330 Subsection 23DSD(4)
14
Omit "Managing Director", substitute "Medicare Australia CEO".
15
331 Section 46A (paragraph (b) of the definition of
16
information relating to a child's Australian
17
immunisation encounter)
18
Omit "Commission", substitute "Medicare Australia CEO".
19
332 Section 46A (definition of recognised immunisation
20
provider)
21
Omit "Commission", substitute "Medicare Australia CEO".
22
333 Section 46B
23
Omit "Commission's", substitute "Medicare Australia CEO's".
24
Note:
The heading to section 46B is altered by omitting "Commission's" and substituting
25
"Medicare Australia CEO's".
26
334 Paragraph 46B(b)
27
Omit "Commission", substitute "Medicare Australia CEO".
28
335 Subparagraph 46B(d)(iii)
29
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
62 Human Services Legislation Amendment Bill 2005 No. , 2005
Omit "Commission", substitute "Medicare Australia CEO".
1
336 Paragraph 46B(d)
2
Omit "Commission" (second occurring), substitute "Medicare Australia
3
CEO".
4
337 Subsections 46C(1) and (2)
5
Omit "Commission" (wherever occurring), substitute "Medicare
6
Australia CEO".
7
338 Subsection 46D(5)
8
Omit "Managing Director of the Commission", substitute "Medicare
9
Australia CEO".
10
339 Subsection 46D(6)
11
Omit "Managing Director", substitute "Medicare Australia CEO".
12
340 Subsection 46D(7)
13
Omit "Commission", substitute "Medicare Australia CEO".
14
341 Subsection 46E(1)
15
Omit "Commission's", substitute "Medicare Australia CEO's".
16
Note:
The heading to section 46E is altered by omitting "Managing Director of the
17
Commission" and substituting "Medicare Australia CEO".
18
342 Subsection 46E(1)
19
Omit "Managing Director of the Commission", substitute "Medicare
20
Australia CEO".
21
343 Paragraph 46E(1)(c)
22
Omit "Commission", substitute "Medicare Australia CEO".
23
344 Subsection 46E(2)
24
Omit "Managing Director of the Commission", substitute "Medicare
25
Australia CEO".
26
345 Subsection 80(3)
27
Omit "Commission", substitute "Medicare Australia CEO".
28
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 63
346 Subsection 81(1) (paragraph (a) of the definition of
1
review period)
2
Omit "Commission", substitute "Medicare Australia CEO".
3
347 Division 3 of Part VAA (heading)
4
Repeal the heading, substitute:
5
Division 3--Medicare Australia CEO may request review
6
348 Subsection 86(1)
7
Omit "Commission", substitute "Medicare Australia CEO".
8
Note:
The heading to section 86 is altered by omitting "Commission" and substituting
9
"Medicare Australia CEO".
10
349 Subsection 87(1)
11
Omit "Commission" (wherever occurring), substitute "Medicare
12
Australia CEO".
13
Note:
The heading to section 87 is altered by omitting "Commission" and substituting
14
"Medicare Australia CEO".
15
350 Subsection 88(1)
16
Omit "Commission" (wherever occurring), substitute "Medicare
17
Australia CEO".
18
351 Subsection 88(1) (note)
19
Omit "Commission", substitute "Medicare Australia CEO".
20
352 Subsection 88(3)
21
Omit "Commission", substitute "Medicare Australia CEO".
22
353 Subsection 88(3)
23
Omit "it", substitute "he or she".
24
354 Subsection 88A(1)
25
Omit "Commission", substitute "Medicare Australia CEO".
26
355 Paragraph 88A(4)(b)
27
Omit "Commission", substitute "Medicare Australia CEO".
28
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
64 Human Services Legislation Amendment Bill 2005 No. , 2005
356 Subsection 88A(8)
1
Omit "Commission", substitute "Medicare Australia CEO".
2
357 Paragraphs 89(a) and (b)
3
Omit "Commission", substitute "Medicare Australia CEO".
4
358 Subsection 89A(1)
5
Omit "Commission", substitute "Medicare Australia CEO".
6
Note:
The heading to section 89A is altered by omitting "Commission" and substituting
7
"Medicare Australia CEO".
8
359 Subsection 91(2)
9
Omit "Commission", substitute "Medicare Australia CEO".
10
360 Paragraph 92(4)(c)
11
Omit "Commission", substitute "Medicare Australia CEO".
12
361 Subsection 93(7)
13
Omit "Commission", substitute "Medicare Australia CEO".
14
362 Paragraphs 105(1)(b) and (2)(b)
15
Omit "Commission", substitute "Medicare Australia CEO".
16
363 Paragraph 106G(6)(b)
17
Omit "Commission", substitute "Medicare Australia CEO".
18
364 Subsection 106J(2)
19
Omit "Commission", substitute "Medicare Australia CEO".
20
365 Paragraphs 106J(3)(a), (b), (c) and (d)
21
Omit "Commission" (wherever occurring), substitute "Medicare
22
Australia CEO".
23
366 Subsection 106KB(2)
24
Omit "Commission", substitute "Medicare Australia CEO".
25
367 Subsections 106KC(1) and (2)
26
Omit "Commission", substitute "Medicare Australia CEO".
27
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 65
368 Subparagraph 106KE(1)(b)(iii)
1
Omit "Commission", substitute "Medicare Australia CEO".
2
369 Subparagraph 106L(5)(a)(iii)
3
Omit "Commission", substitute "Medicare Australia CEO".
4
370 Subsection 106N(1)
5
Omit "Commission", substitute "Medicare Australia CEO".
6
Note:
The heading to section 106N is altered by omitting "Commission" and substituting
7
"Medicare Australia CEO".
8
371 Subsections 106W(1) and (2)
9
Omit "Commission", substitute "Medicare Australia CEO".
10
372 Subsection 106ZPM(3)
11
Omit "Commission", substitute "Medicare Australia CEO".
12
373 Paragraph 124EC(b)
13
Omit "officer of the Commission", substitute "employee of Medicare
14
Australia".
15
374 Section 124EC
16
Omit "Managing Director of the Commission", substitute "Medicare
17
Australia CEO".
18
375 Subsection 129AAC(1)
19
Omit "officer of the Commission", substitute "employee of Medicare
20
Australia".
21
376 Paragraph 129AC(2)(b)
22
Omit "Managing Director of the Commission", substitute "Medicare
23
Australia CEO".
24
377 Subparagraph 129AC(2)(c)(i)
25
Omit "Managing Director" (wherever occurring), substitute "Medicare
26
Australia CEO".
27
378 Subsection 129AC(4)
28
Omit "Managing Director", substitute "Medicare Australia CEO".
29
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
66 Human Services Legislation Amendment Bill 2005 No. , 2005
379 Subsection 129AC(4)
1
Omit "Commission", substitute "Medicare Australia CEO".
2
380 Section 129AF
3
Omit "Managing Director of the Commission", substitute "Medicare
4
Australia CEO".
5
381 Section 129AF
6
Omit "Managing Director" (second occurring), substitute "Medicare
7
Australia CEO".
8
382 Subsection 130(1)
9
Omit "Health Insurance Commission", substitute "Medicare Australia".
10
383 Subsections 130(3) and (3A)
11
Omit "Managing Director of the Commission", substitute "Medicare
12
Australia CEO".
13
384 Paragraph 130(3D)(a)
14
Omit "Commission", substitute "Medicare Australia CEO".
15
385 Paragraph 130(4A)(a)
16
Omit "Commission", substitute "Medicare Australia CEO".
17
386 Subsection 130(5)
18
Omit "Commission", substitute "Medicare Australia CEO".
19
387 Subsection 130(5E)
20
Omit "Commission, or an officer of the Commission", substitute
21
"Medicare Australia CEO, or an employee of Medicare Australia".
22
388 Subsection 130(6)
23
Omit "Managing Director of the Commission" (first occurring),
24
substitute "Medicare Australia CEO".
25
389 Paragraph 130(6)(f)
26
Omit "Managing Director of the Commission", substitute "Medicare
27
Australia CEO".
28
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 67
390 Subsection 130(7)
1
Omit "Managing Director of the Commission" (first occurring),
2
substitute "Medicare Australia CEO".
3
391 Paragraph 130(7)(h)
4
Omit "Managing Director of the Commission", substitute "Medicare
5
Australia CEO".
6
392 Subsection 130(25) (definition of officer)
7
Omit "Health Insurance Commission", substitute "Medicare Australia".
8
393 Subsections 131(1), (2) and (3)
9
Omit "Managing Director of the Commission", substitute "Medicare
10
Australia CEO".
11
394 At the end of paragraphs 131(4)(a) and (aa)
12
Add "or".
13
395 Paragraphs 131(4)(b) and (c)
14
Repeal the paragraphs, substitute:
15
(b) the Medicare Australia CEO; or
16
(c) an employee of Medicare Australia.
17
Hearing Services Administration Act 1997
18
396 Subsections 21(6) and (7) (notes)
19
Repeal the notes.
20
397 Subsection 21(10) (at the end of the definition of body)
21
Add:
22
; or (d) the Chief Executive Officer of Medicare Australia.
23
Income Tax Assessment Act 1936
24
398 Paragraphs 16(4)(fa) and (fb)
25
Omit "Health Insurance Commission", substitute "Chief Executive
26
Officer of Medicare Australia".
27
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
68 Human Services Legislation Amendment Bill 2005 No. , 2005
Medical Indemnity Act 2002
1
399 Subsection 4(1) (definition of HIC)
2
Repeal the definition.
3
400 Subsection 4(1) (paragraph (c) of the definition of late
4
payment penalty)
5
Omit "HIC", substitute "Medicare Australia CEO".
6
401 Subsection 4(1) (definition of Managing Director)
7
Repeal the definition.
8
402 Subsection 4(1)
9
Insert:
10
Medicare Australia CEO means the Chief Executive Officer of
11
Medicare Australia.
12
403 Subsection 4(1) (definition of qualifying claim certificate)
13
Omit "HIC", substitute "Medicare Australia CEO".
14
404 Subsection 10(2) (table item 9)
15
Omit "HIC", substitute "Medicare Australia CEO".
16
405 Subsection 13(2)
17
Omit "HIC", substitute "Medicare Australia CEO".
18
406 Subsection 13(3)
19
Omit "HIC" (wherever occurring), substitute "Medicare Australia
20
CEO".
21
Note:
The heading to subsection 13(3) is altered by omitting "HIC's" and substituting
22
"Medicare Australia CEO's".
23
407 Paragraph 13(4)(b)
24
Omit "HIC", substitute "Medicare Australia CEO".
25
408 Subsection 13(6)
26
Omit "HIC" (wherever occurring), substitute "Medicare Australia
27
CEO".
28
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 69
409 Paragraph 16(1)(f)
1
Omit "HIC", substitute "Medicare Australia CEO".
2
410 Paragraph 17(1)(g)
3
Omit "HIC", substitute "Medicare Australia CEO".
4
411 Paragraph 19(b)
5
Omit "HIC", substitute "Medicare Australia CEO".
6
412 Subsection 23(2)
7
Omit "HIC", substitute "Medicare Australia CEO".
8
413 Subsection 23(3)
9
Omit "HIC" (wherever occurring), substitute "Medicare Australia
10
CEO".
11
Note:
The heading to subsection 23(3) is altered by omitting "HIC's" and substituting
12
"Medicare Australia CEO's".
13
414 Paragraph 23(4)(b)
14
Omit "HIC", substitute "Medicare Australia CEO".
15
415 Subsection 23(6)
16
Omit "HIC" (wherever occurring), substitute "Medicare Australia
17
CEO".
18
416 Paragraph 24(1)(e)
19
Omit "HIC", substitute "Medicare Australia CEO".
20
417 Paragraph 24(5)(a)
21
Omit "HIC", substitute "Medicare Australia CEO".
22
418 Subsection 25(1)
23
Omit "HIC", substitute "Medicare Australia CEO".
24
Note:
The heading to section 25 is altered by omitting "HIC" and substituting "Medicare
25
Australia CEO".
26
419 Paragraph 25(2)(b)
27
Omit "HIC", substitute "Medicare Australia CEO".
28
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
70 Human Services Legislation Amendment Bill 2005 No. , 2005
420 Subsection 26(1)
1
Omit "HIC", substitute "Medicare Australia CEO".
2
Note:
The heading to section 26 is altered by omitting "HIC" and substituting "Medicare
3
Australia CEO".
4
421 Subsections 27(3) and (4)
5
Omit "HIC" (wherever occurring), substitute "Medicare Australia
6
CEO".
7
422 Subsections 27B(1) and (3)
8
Omit "HIC" (wherever occurring), substitute "Medicare Australia
9
CEO".
10
Note:
The heading to section 27B is altered by omitting "HIC" and substituting "Medicare
11
Australia CEO".
12
423 Paragraph 27B(4)(b)
13
Omit "HIC", substitute "Medicare Australia CEO".
14
424 Subsection 28(2) (table item 7)
15
Omit "HIC", substitute "Medicare Australia CEO".
16
425 Subsections 34AB(1) and (3)
17
Omit "HIC" (wherever occurring), substitute "Medicare Australia
18
CEO".
19
Note:
The heading to section 34AB is altered by omitting "HIC" and substituting "Medicare
20
Australia CEO".
21
426 Paragraph 34AB(4)(b)
22
Omit "HIC", substitute "Medicare Australia CEO".
23
427 Subsection 34A(3) (table item 12)
24
Omit "HIC", substitute "Medicare Australia CEO".
25
428 Subsection 34E(1)
26
Omit "HIC" (wherever occurring), substitute "Medicare Australia
27
CEO".
28
Note:
The heading to section 34E is altered by omitting "HIC" and substituting "Medicare
29
Australia CEO".
30
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 71
429 Subsections 34E(4) and (5)
1
Omit "HIC" (wherever occurring), substitute "Medicare Australia
2
CEO".
3
Note:
The heading to subsection 34E(5) is altered by omitting "HIC" and substituting
4
"Medicare Australia CEO".
5
430 Subsection 34E(5)
6
Omit "its", substitute "his or her".
7
431 Paragraphs 34H(2)(a) and (b)
8
Omit "HIC", substitute "Medicare Australia CEO".
9
432 Subsections 34I(1) and (2)
10
Omit "HIC" (wherever occurring), substitute "Medicare Australia
11
CEO".
12
433 Paragraph 34J(1)(b)
13
Omit "HIC", substitute "Medicare Australia CEO".
14
Note:
The heading to section 34J is altered by omitting "HIC" and substituting "Medicare
15
Australia CEO".
16
434 Subsection 34J(1)
17
Omit "HIC" (last occurring), substitute "Medicare Australia CEO".
18
435 Paragraph 34J(2)(b)
19
Omit "HIC", substitute "Medicare Australia CEO".
20
436 Subsection 34K(1)
21
Omit "HIC" (wherever occurring), substitute "Medicare Australia
22
CEO".
23
437 Subsection 34K(2)
24
Omit "it", substitute "he or she".
25
438 Subsections 34K(2) and (3)
26
Omit "HIC" (wherever occurring), substitute "Medicare Australia
27
CEO".
28
439 Paragraphs 34K(4)(a) and (5)(a)
29
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
72 Human Services Legislation Amendment Bill 2005 No. , 2005
Omit "HIC", substitute "Medicare Australia CEO".
1
440 Subsections 34K(6) and (7)
2
Omit "HIC" (wherever occurring), substitute "Medicare Australia
3
CEO".
4
Note:
The heading to subsection 34K(7) is altered by omitting "HIC" and substituting
5
"Medicare Australia CEO".
6
441 Subsection 34K(7)
7
Omit "its", substitute "his or her".
8
442 Subsection 34L(1)
9
Omit "HIC", substitute "Medicare Australia CEO".
10
443 Subsection 34L(5)
11
Omit "HIC" (wherever occurring), substitute "Medicare Australia
12
CEO".
13
444 Subsection 34Q(2)
14
Omit "HIC", substitute "Medicare Australia CEO".
15
Note:
The heading to subsection 34Q(2) is altered by omitting "HIC" and substituting
16
"Medicare Australia CEO".
17
445 Paragraph 34Q(5)(a)
18
Omit "HIC", substitute "Medicare Australia CEO".
19
446 Subsection 34Q(5)
20
Omit "HIC" (last occurring), substitute "Medicare Australia CEO".
21
447 Paragraph 34Q(7)(a)
22
Omit "HIC", substitute "Medicare Australia CEO".
23
448 Subsection 34T(3)
24
Omit "HIC", substitute "Medicare Australia CEO".
25
449 Paragraph 34T(4)(a)
26
Omit "HIC", substitute "Medicare Australia CEO".
27
450 Subsection 34U(1)
28
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 73
Omit "HIC", substitute "Medicare Australia CEO".
1
Note:
The heading to section 34U is altered by omitting "HIC" and substituting "Medicare
2
Australia CEO".
3
451 Paragraph 34U(2)(b)
4
Omit "HIC", substitute "Medicare Australia CEO".
5
452 Subsection 34V(1)
6
Omit "HIC", substitute "Medicare Australia CEO".
7
Note:
The heading to section 34V is altered by omitting "HIC" and substituting "Medicare
8
Australia CEO".
9
453 Subsections 34W(3) and (4)
10
Omit "HIC" (wherever occurring), substitute "Medicare Australia
11
CEO".
12
454 Subsections 34Y(1) and (3)
13
Omit "HIC" (wherever occurring), substitute "Medicare Australia
14
CEO".
15
Note:
The heading to section 34Y is altered by omitting "HIC" and substituting "Medicare
16
Australia CEO".
17
455 Paragraph 34Y(4)(b)
18
Omit "HIC", substitute "Medicare Australia CEO".
19
456 Subsection 34ZA(3) (table items 7 and 13)
20
Omit "HIC", substitute "Medicare Australia CEO".
21
457 Paragraphs 34ZB(4A)(b) and (4B)(c)
22
Omit "HIC", substitute "Medicare Australia CEO".
23
458 Paragraph 34ZC(e)
24
Omit "HIC", substitute "Medicare Australia CEO".
25
459 Subsection 34ZJ(3)
26
Omit "HIC", substitute "Medicare Australia CEO".
27
460 Paragraph 34ZJ(4)(a)
28
Omit "HIC", substitute "Medicare Australia CEO".
29
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
74 Human Services Legislation Amendment Bill 2005 No. , 2005
461 Subsection 34ZK(1)
1
Omit "HIC", substitute "Medicare Australia CEO".
2
Note:
The heading to section 34ZK is altered by omitting "HIC" and substituting "Medicare
3
Australia CEO".
4
462 Paragraph 34ZK(2)(b)
5
Omit "HIC", substitute "Medicare Australia CEO".
6
463 Subsection 34ZL(1)
7
Omit "HIC", substitute "Medicare Australia CEO".
8
Note:
The heading to section 34ZL is altered by omitting "HIC" and substituting "Medicare
9
Australia CEO".
10
464 Subsections 34ZM(3) and (4)
11
Omit "HIC" (wherever occurring), substitute "Medicare Australia
12
CEO".
13
465 Subsections 34ZO(1) and (3)
14
Omit "HIC" (wherever occurring), substitute "Medicare Australia
15
CEO".
16
Note:
The heading to section 34ZO is altered by omitting "HIC" and substituting "Medicare
17
Australia CEO".
18
466 Paragraph 34ZO(4)(b)
19
Omit "HIC", substitute "Medicare Australia CEO".
20
467 Subsection 34ZT(1)
21
Omit "HIC" (wherever occurring), substitute "Medicare Australia
22
CEO".
23
468 Paragraph 34ZT(2)(b)
24
Omit "HIC", substitute "Medicare Australia CEO".
25
469 Subsection 34ZU(1)
26
Omit "HIC", substitute "Medicare Australia CEO".
27
Note:
The heading to section 34ZU is altered by omitting "HIC" and substituting "Medicare
28
Australia CEO".
29
470 Paragraph 34ZU(2)(c)
30
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 75
Omit "HIC", substitute "Medicare Australia CEO".
1
471 Subsection 35(2) (table item 3)
2
Omit "HIC", substitute "Medicare Australia CEO".
3
472 Paragraphs 36(1)(a) and (b)
4
Omit "HIC", substitute "Medicare Australia CEO".
5
473 Subsection 37(1)
6
Omit "HIC", substitute "Medicare Australia CEO".
7
474 Paragraphs 37(2)(b) and (c)
8
Omit "HIC", substitute "Medicare Australia CEO".
9
475 Subsection 37(2)
10
Omit "HIC" (third and fourth occurring), substitute "Medicare Australia
11
CEO".
12
476 Paragraphs 37A(2)(a) and (b)
13
Omit "HIC", substitute "Medicare Australia CEO".
14
477 Subsections 37A(5) and (6)
15
Omit "HIC" (wherever occurring), substitute "Medicare Australia
16
CEO".
17
478 Subsections 37B(1), (2), (3) and (4)
18
Omit "HIC" (wherever occurring), substitute "Medicare Australia
19
CEO".
20
479 Subsections 38(1), (3) and (3A)
21
Omit "HIC" (wherever occurring), substitute "Medicare Australia
22
CEO".
23
Note:
The heading to section 38 is altered by omitting "HIC" and substituting "Medicare
24
Australia CEO".
25
480 Paragraph 38(4)(b)
26
Omit "HIC", substitute "Medicare Australia CEO".
27
481 Paragraphs 39(1)(d) and (1A)(b)
28
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
76 Human Services Legislation Amendment Bill 2005 No. , 2005
Omit "HIC", substitute "Medicare Australia CEO".
1
482 Subsection 39(3)
2
Omit "HIC", substitute "Medicare Australia CEO".
3
483 Paragraph 40(1)(e)
4
Omit "HIC", substitute "Medicare Australia CEO".
5
484 Subsection 40(3)
6
Omit "HIC", substitute "Medicare Australia CEO".
7
485 Paragraph 41(4)(a)
8
Omit "HIC", substitute "Medicare Australia CEO".
9
486 Subsection 42(1)
10
Omit "HIC", substitute "Medicare Australia CEO".
11
Note:
The heading to section 42 is altered by omitting "HIC" and substituting "Medicare
12
Australia CEO".
13
487 Subsection 42(2)
14
Omit "HIC" (wherever occurring), substitute "Medicare Australia
15
CEO".
16
Note:
The heading to subsection 42(2) is altered by omitting "HIC" and substituting
17
"Medicare Australia CEO".
18
488 Paragraph 42(3)(a)
19
Omit "HIC", substitute "Medicare Australia CEO".
20
489 Subsections 42(9) and (10)
21
Omit "HIC", substitute "Medicare Australia CEO".
22
490 Subsection 44(1)
23
Omit "HIC" (wherever occurring), substitute "Medicare Australia
24
CEO".
25
Note:
The heading to section 44 is altered by omitting "HIC" and substituting "Medicare
26
Australia CEO".
27
491 Paragraph 44(2)(b)
28
Omit "HIC", substitute "Medicare Australia CEO".
29
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 77
492 Section 44A
1
Omit "HIC", substitute "Medicare Australia CEO".
2
Note:
The heading to section 44A is altered by omitting "HIC" and substituting "Medicare
3
Australia CEO".
4
493 Section 44B
5
Omit "HIC", substitute "Medicare Australia CEO".
6
Note:
The heading to section 44B is altered by omitting "HIC" and substituting "Medicare
7
Australia CEO".
8
494 Subsections 46(1) and (2)
9
Omit "HIC", substitute "Medicare Australia CEO".
10
495 Subsection 50(3) (table item 13)
11
Omit "HIC", substitute "Medicare Australia CEO".
12
496 Paragraph 52(2)(f)
13
Omit "HIC", substitute "Medicare Australia CEO".
14
497 Subsection 53(1)
15
Omit "HIC", substitute "Medicare Australia CEO".
16
498 Subsection 53(2)
17
Omit "HIC" (first occurring), substitute "Medicare Australia CEO".
18
499 Subparagraph 53(2)(c)(i)
19
Omit "HIC", substitute "Medicare Australia CEO".
20
500 Paragraph 53(2)(e)
21
Omit "HIC", substitute "Medicare Australia CEO".
22
501 Subsections 56(2) and (3)
23
Omit "HIC" (wherever occurring), substitute "Medicare Australia
24
CEO".
25
Note:
The heading to subsection 56(3) is altered by omitting "HIC's" and substituting
26
"Medicare Australia CEO's".
27
502 Paragraph 56(5)(b)
28
Omit "HIC", substitute "Medicare Australia CEO".
29
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
78 Human Services Legislation Amendment Bill 2005 No. , 2005
503 Subsection 56(6)
1
Omit "HIC" (wherever occurring), substitute "Medicare Australia
2
CEO".
3
504 Subsection 57(3) (table item 10)
4
Omit "HIC", substitute "Medicare Australia CEO".
5
505 Subsection 60(2) (table item 7)
6
Omit "HIC", substitute "Medicare Australia CEO".
7
506 Subsection 62(1)
8
Omit "HIC", substitute "Medicare Australia CEO".
9
507 Subsection 62(3)
10
Omit "HIC" (first occurring), substitute "Medicare Australia CEO".
11
508 Paragraph 62(3)(a)
12
Omit "HIC", substitute "Medicare Australia CEO".
13
509 Paragraph 62(3)(b)
14
Omit "HIC" (first occurring), substitute "Medicare Australia CEO".
15
510 Subparagraphs 62(3)(b)(i) and (ii)
16
Omit "HIC", substitute "Medicare Australia CEO".
17
511 Subsections 62(4), (5) and (6)
18
Omit "HIC", substitute "Medicare Australia CEO".
19
512 Subsections 65(4) and (5)
20
Omit "HIC" (wherever occurring), substitute "Medicare Australia
21
CEO".
22
513 Paragraph 66(1)(b)
23
Omit "HIC", substitute "Medicare Australia CEO".
24
514 Subsection 66(3)
25
Omit "HIC", substitute "Medicare Australia CEO".
26
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 79
515 Paragraphs 66A(1)(b) and (c)
1
Omit "HIC", substitute "Medicare Australia CEO".
2
516 Subsection 66A(2)
3
Omit "HIC" (first occurring), substitute "Medicare Australia CEO".
4
Note:
The heading to subsection 66A(2) is altered by omitting "HIC" and substituting
5
"Medicare Australia CEO".
6
517 Paragraph 66A(2)(d)
7
Omit "HIC" (first occurring), substitute "Medicare Australia CEO".
8
518 Subparagraph 66A(2)(d)(i)
9
Omit "HIC", substitute "Medicare Australia CEO".
10
519 Subparagraph 66A(2)(d)(ii)
11
Omit "HIC" (first occurring), substitute "Medicare Australia CEO".
12
520 Subparagraph 66A(2)(d)(ii)
13
Omit "it", substitute "he or she".
14
521 Subparagraph 66A(2)(d)(ii)
15
Omit "HIC" (second occurring), substitute "Medicare Australia CEO".
16
522 Subsection 66A(3)
17
Omit "HIC" (first occurring), substitute "Medicare Australia CEO".
18
523 Paragraphs 66A(3)(a) and (b)
19
Omit "HIC" (wherever occurring), substitute "Medicare Australia
20
CEO".
21
524 Paragraphs 66A(4)(b), (c) and (d)
22
Omit "HIC", substitute "Medicare Australia CEO".
23
525 Paragraph 66A(4)(d)
24
Omit "its", substitute "his or her".
25
526 Subsection 66A(5)
26
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
80 Human Services Legislation Amendment Bill 2005 No. , 2005
Omit "HIC" (wherever occurring), substitute "Medicare Australia
1
CEO".
2
527 Paragraph 66A(7)(a)
3
Omit "HIC", substitute "Medicare Australia CEO".
4
528 Paragraphs 66B(1)(a) and (b)
5
Omit "HIC", substitute "Medicare Australia CEO".
6
529 Subsections 66B(3) and (4)
7
Omit "HIC" (wherever occurring), substitute "Medicare Australia
8
CEO".
9
530 Paragraph 67(1)(c)
10
Omit "HIC", substitute "Medicare Australia CEO".
11
531 Subsections 68(2) and (4)
12
Omit "HIC", substitute "Medicare Australia CEO".
13
532 Subsection 69(1)
14
Omit "HIC", substitute "Medicare Australia CEO".
15
Note:
The heading to section 69 is altered by omitting "HIC" and substituting "Medicare
16
Australia CEO".
17
533 Subsection 69(2)
18
Omit "HIC" (wherever occurring), substitute "Medicare Australia
19
CEO".
20
Note:
The heading to subsection 69(2) is altered by omitting "HIC" and substituting
21
"Medicare Australia CEO".
22
534 Paragraph 69(3)(a)
23
Omit "HIC", substitute "Medicare Australia CEO".
24
535 Subsections 69(7), (9) and (10)
25
Omit "HIC", substitute "Medicare Australia CEO".
26
536 Subsection 70(1)
27
Omit "HIC" (first occurring), substitute "Medicare Australia CEO".
28
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 81
537 Subparagraph 70(1)(a)(iv)
1
Omit "HIC", substitute "Medicare Australia CEO".
2
538 Subsection 70(4)
3
Omit "HIC", substitute "Medicare Australia CEO".
4
539 Subsection 71(1)
5
Omit "HIC" (wherever occurring), substitute "Medicare Australia
6
CEO".
7
Note:
The heading to section 71 is altered by omitting "HIC" and substituting "Medicare
8
Australia CEO".
9
540 Paragraph 71(3)(b)
10
Omit "HIC", substitute "Medicare Australia CEO".
11
541 Subsection 72(1)
12
Omit "HIC", substitute "Medicare Australia CEO".
13
Note:
The heading to section 72 is altered by omitting "HIC" and substituting "Medicare
14
Australia CEO".
15
542 Paragraphs 72(2)(b) and (c)
16
Omit "HIC", substitute "Medicare Australia CEO".
17
543 Subsections 74(1) and (2)
18
Omit "HIC", substitute "Medicare Australia CEO".
19
544 Section 75
20
Omit "HIC", substitute "Medicare Australia CEO".
21
545 Section 76
22
Omit "HIC" (first occurring), substitute "Medicare Australia CEO".
23
Note:
The heading to section 76 is altered by omitting "HIC" and substituting "Medicare
24
Australia CEO".
25
546 Section 76
26
Omit "Health Insurance Commission", substitute "Medicare Australia".
27
547 Section 76
28
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
82 Human Services Legislation Amendment Bill 2005 No. , 2005
Omit "HIC" (second and third occurring), substitute "Medicare
1
Australia CEO".
2
548 Subparagraph 77(2)(c)(iii)
3
Omit "Health Insurance Commission", substitute "Medicare Australia".
4
549 Subsections 77(3) and (4)
5
Omit "Managing Director", substitute "Medicare Australia CEO".
6
Medical Indemnity (Prudential Supervision and Product
7
Standards) Act 2003
8
550 Paragraph 26D(2)(b)
9
Omit "Health Insurance Commission", substitute "Chief Executive
10
Officer of Medicare Australia".
11
National Health Act 1953
12
551 Subsection 4(1)
13
Insert:
14
Medicare Australia CEO means the Chief Executive Officer of
15
Medicare Australia.
16
552 Paragraph 82L(3)(c)
17
Omit "Commission", substitute "Medicare Australia CEO".
18
553 Subsection 84(1) (definition of CTS claim)
19
Omit "Health Insurance Commission", substitute "Medicare Australia
20
CEO".
21
554 Subsection 84(1) (paragraph (a) of the definition of
22
medicare card)
23
Omit "Health Insurance Commission", substitute "Medicare Australia
24
CEO".
25
555 Subsection 84(1) (paragraph (b) of the definition of
26
medicare number)
27
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 83
Omit "Health Insurance Commission", substitute "Medicare Australia
1
CEO".
2
556 Subsection 84(10)
3
Omit "Health Insurance Commission" (first occurring), substitute
4
"Medicare Australia CEO".
5
557 Paragraph 84(10)(a)
6
Omit "Health Insurance Commission", substitute "Medicare Australia
7
CEO".
8
558 Paragraph 86B(3)(c)
9
Omit "Health Insurance Commission", substitute "Medicare Australia
10
CEO".
11
559 Subsection 86C(5)
12
Omit "Health Insurance Commission", substitute "Medicare Australia
13
CEO".
14
560 Subsection 86C(7) (note 1)
15
Omit "Health Insurance Commission" (wherever occurring) , substitute
16
"Medicare Australia CEO".
17
561 Paragraphs 99(7)(c) and (d)
18
Omit "Health Insurance Commission", substitute "Medicare Australia
19
CEO".
20
562 Subsection 99(8)
21
Omit "Health Insurance Commission" (wherever occurring), substitute
22
"Medicare Australia CEO".
23
563 Subsection 99ZH(1) (definition of Commission)
24
Repeal the definition.
25
564 Subsection 99ZH(1) (definition of Managing Director)
26
Repeal the definition.
27
565 Subsection 99ZH(1) (definition of PBS monitoring
28
purposes)
29
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
84 Human Services Legislation Amendment Bill 2005 No. , 2005
Omit "Commission", substitute "Medicare Australia CEO".
1
566 Subsection 99ZH(1) (paragraph (a) of the definition of
2
PBS regulatory purposes)
3
Omit "Commission to perform its", substitute "Medicare Australia CEO
4
to perform his or her".
5
567 Subsection 99ZJ(1)
6
Omit "Commission", substitute "Medicare Australia CEO".
7
568 Subparagraphs 99ZJ(6)(a)(ii) and (b)(ii)
8
Omit "Commission", substitute "Medicare Australia CEO".
9
569 Subsection 99ZJ(8)
10
Omit "Commission" (first occurring), substitute "Medicare Australia
11
CEO".
12
570 Subparagraphs 99ZJ(8)(d)(ii) and (e)(ii)
13
Omit "Commission", substitute "Medicare Australia CEO".
14
571 Subsection 99ZK(1)
15
Omit "Commission", substitute "Medicare Australia CEO".
16
572 Paragraph 99ZK(5)(b)
17
Omit "Commission", substitute "Medicare Australia CEO".
18
573 Subparagraph 99ZK(5)(d)(ii)
19
Omit "Commission", substitute "Medicare Australia CEO".
20
574 Subsection 99ZK(6)
21
Omit "Commission" (first occurring), substitute "Medicare Australia
22
CEO".
23
575 Paragraph 99ZK(6)(e)
24
Omit "Commission", substitute "Medicare Australia CEO".
25
576 Subparagraph 99ZK(6)(g)(ii)
26
Omit "Commission", substitute "Medicare Australia CEO".
27
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 85
577 Subsection 99ZN(1)
1
Omit "Commission", substitute "Medicare Australia CEO".
2
578 Paragraphs 99ZN(2)(b) and (c)
3
Omit "Commission", substitute "Medicare Australia CEO".
4
579 Paragraph 99ZN(3)(a)
5
Omit "Commission", substitute "Medicare Australia CEO".
6
580 Paragraph 99ZN(5)(c)
7
Omit "Commission" (first occurring), substitute "Medicare Australia
8
CEO".
9
581 Subparagraphs 99ZN(5)(c)(i), (ii) and (iii)
10
Omit "Commission" (wherever occurring), substitute "Medicare
11
Australia CEO".
12
582 Paragraphs 99ZN(5)(d) and (e)
13
Omit "Commission" (wherever occurring), substitute "Medicare
14
Australia CEO".
15
583 Subsection 99ZO(1)
16
Omit "Commission", substitute "Medicare Australia CEO".
17
Note:
The heading to section 99ZO is altered by omitting "Commission" and substituting
18
"Medicare Australia CEO".
19
584 Subsection 99ZO(1)
20
Omit "Managing Director", substitute "Medicare Australia CEO".
21
585 Subsections 99ZO(2) and (3)
22
Omit "Commission" (wherever occurring), substitute "Medicare
23
Australia CEO".
24
586 Subsection 99ZO(4)
25
Omit "Commission" (first and second occurring), substitute "Medicare
26
Australia CEO".
27
587 Paragraphs 99ZO(4)(b), (5)(a) and (7)(a)
28
Omit "Commission", substitute "Medicare Australia CEO".
29
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
86 Human Services Legislation Amendment Bill 2005 No. , 2005
588 Subsection 99ZO(7)
1
Omit "Commission" (second occurring), substitute "Medicare Australia
2
CEO".
3
589 Paragraphs 99ZO(7)(c) and (d)
4
Omit "it decides that it", substitute "the Medicare Australia CEO
5
decides that he or she".
6
590 Subsections 99ZO(8) and (10)
7
Omit "Commission", substitute "Medicare Australia CEO".
8
591 Subsection 99ZR(1)
9
Repeal the subsection, substitute:
10
(1) Subject to subsection (2), neither the Commonwealth, the Medicare
11
Australia CEO nor any person performing duty as a Customs
12
officer or as a member of the staff of Medicare Australia is liable
13
for any act done in good faith by such a Customs officer, by the
14
Medicare Australia CEO, or by such a member of the staff of
15
Medicare Australia in the performance of functions or duties, or
16
the exercise of powers, under this Division.
17
592 Subsection 99ZR(2)
18
Omit "Commission" (wherever occurring), substitute "Medicare
19
Australia CEO".
20
593 Paragraph 99ZS(1)(c)
21
Omit "Commission", substitute "Medicare Australia CEO".
22
594 Subsection 99ZS(2)
23
Omit "Commission" (first and second occurring), substitute "Medicare
24
Australia CEO".
25
595 Subsection 99ZS(2)
26
Omit ", or of the staff of, the Commission", substitute "the staff of
27
Medicare Australia".
28
596 Paragraph 99ZS(2)(a)
29
Omit "Commission", substitute "Medicare Australia CEO".
30
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 87
597 Subsection 99ZS(3)
1
Omit "Commission", substitute "Medicare Australia CEO".
2
598 Section 99ZT
3
Omit "Commission", substitute "Medicare Australia CEO".
4
599 Subsection 103(4AD)
5
Omit "Commission", substitute "Medicare Australia CEO".
6
600 Subsection 135A(1)
7
Omit "Health Insurance Commission", substitute "Medicare Australia".
8
601 Paragraph 135AAA(2)(d)
9
Omit "Health Insurance Commission", substitute "Medicare Australia".
10
602 Paragraph 135AAA(4)(d)
11
Omit "Health Insurance Commission", substitute "Medicare Australia".
12
603 Subsection 135AA(5A)
13
Omit "Health Insurance Commission", substitute "Medicare Australia
14
CEO".
15
604 Paragraph (1)(o) of Schedule 1
16
Omit "Commission", substitute "Medicare Australia CEO".
17
605 Subparagraphs 5(1)(cb)(iii) and (cc)(iii) of Schedule 2
18
Omit "Health Insurance Commission", substitute "Medicare Australia
19
CEO".
20
Occupational Health and Safety (Commonwealth
21
Employment) Act 1991
22
606 Schedule 1
23
Omit "Health Insurance Commission".
24
Private Health Insurance Incentives Act 1998
25
607 Subsection 1-15(2) (note)
26
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
88 Human Services Legislation Amendment Bill 2005 No. , 2005
Omit "HIC", substitute "Medicare Australia CEO".
1
608 Subsection 4-6(1)
2
Omit "Managing Director", substitute "Medicare Australia CEO".
3
609 Paragraph 6-10(1)(a)
4
Omit "HIC", substitute "Medicare Australia CEO".
5
610 Paragraph 6-10(1)(c)
6
Omit ", or a place approved by, the HIC", substitute "Medicare
7
Australia, or a place approved by the Medicare Australia CEO".
8
611 Subsection 6-10(2)
9
Omit "HIC", substitute "Medicare Australia CEO".
10
612 Section 6-15
11
Omit ", or a place approved by, the HIC", substitute "Medicare
12
Australia, or a place approved by the Medicare Australia CEO".
13
613 Subsections 6-20(1), (2) and (3)
14
Omit "HIC", substitute "Medicare Australia CEO".
15
614 Subsection 6-25(1)
16
Omit "HIC" (wherever occurring), substitute "Medicare Australia
17
CEO".
18
615 Paragraph 6-25(3)(b)
19
Omit "HIC", substitute "Medicare Australia CEO".
20
616 Subsections 6-30(1) and (2)
21
Omit "HIC", substitute "Medicare Australia CEO".
22
Note:
The heading to section 6-30 is altered by omitting "HIC" and substituting "Medicare
23
Australia CEO".
24
617 Subsection 6-30(3)
25
Repeal the subsection, substitute:
26
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 89
(3) The Medicare Australia CEO must give to you a notice stating his
1
or her decision on the reconsideration together with a statement of
2
his or her reasons for the decision.
3
618 Section 6-35
4
Repeal the section, substitute:
5
6-35 Deadline for reconsiderations
6
(1) The Medicare Australia CEO must make his or her decision on
7
reconsideration of a decision within 28 days after the day on which
8
he or she received an application for reconsideration.
9
(2) The Medicare Australia CEO is taken, for the purposes of this
10
Division, to have made a decision confirming the original decision
11
if the Medicare Australia CEO has not told the applicant of the
12
decision on the reconsideration before the end of the period of 28
13
days.
14
Note:
A decision confirming the original decision is reviewable under
15
section 19-10.
16
619 Section 7-1
17
Omit "HIC", substitute "Medicare Australia CEO".
18
620 Subsection 8-5(1)
19
Omit "HIC", substitute "Medicare Australia CEO".
20
621 Paragraph 8-5(2)(a)
21
Omit "HIC", substitute "Medicare Australia CEO".
22
622 Subsections 11-5(1), (2), (3) and (4)
23
Omit "HIC" (wherever occurring), substitute "Medicare Australia
24
CEO".
25
Note:
The heading to section 11-5 is altered by omitting "HIC" and substituting "Medicare
26
Australia CEO".
27
623 Subsection 11-20(1)
28
Omit "HIC", substitute "Medicare Australia CEO".
29
Note:
The heading to section 11-20 is altered by omitting "HIC" and substituting "Medicare
30
Australia CEO".
31
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
90 Human Services Legislation Amendment Bill 2005 No. , 2005
624 Subsections 11-20(1), (2) and (3)
1
Omit "
*
Managing Director", substitute "Medicare Australia CEO".
2
625 Subsection 11-20(4)
3
Omit "Managing Director", substitute "Medicare Australia CEO".
4
626 Subsection 11-25(1)
5
Omit "HIC", substitute "Medicare Australia CEO".
6
627 Subsection 11-25(1)
7
Omit "it", substitute "the Medicare Australia CEO".
8
628 Subsection 11-25(2)
9
Omit "HIC", substitute "Medicare Australia CEO".
10
629 Section 11-35
11
Omit "HIC", substitute "Medicare Australia CEO".
12
630 Section 11-35
13
Omit "
*
Managing Director", substitute "Medicare Australia CEO".
14
631 Subsections 11-40(1) and (3)
15
Omit "HIC" (wherever occurring), substitute "Medicare Australia
16
CEO".
17
632 Subsections 11-45(1) and (2)
18
Omit "HIC", substitute "Medicare Australia CEO".
19
633 Subsection 11-50(2)
20
Omit "
*
Managing Director", substitute "Medicare Australia CEO".
21
634 Subsections 15-5(1) and (2)
22
Omit "HIC" (wherever occurring), substitute "Medicare Australia
23
CEO".
24
635 Subsection 15-10(1)
25
Omit "HIC", substitute "Medicare Australia CEO".
26
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 91
636 Subsection 15-10(2)
1
Omit "
*
Managing Director", substitute "Medicare Australia CEO".
2
637 Subsection 15-10(2)
3
Omit "Managing Director determines", substitute "Medicare Australia
4
CEO determines".
5
638 Subsection 15-10(4)
6
Omit "
*
Managing Director", substitute "Medicare Australia CEO".
7
639 Subsection 15-15(3)
8
Omit "
*
Managing Director", substitute "Medicare Australia CEO".
9
640 Subsection 15-20(1)
10
Repeal the subsection, substitute:
11
(1) If the Medicare Australia CEO considers that a claim is incorrect,
12
the Medicare Australia CEO may either refuse the claim or pay
13
only such part of the claim as he or she is satisfied is correct.
14
641 Subsection 15-20(1A)
15
Omit "HIC" (wherever occurring), substitute "Medicare Australia
16
CEO".
17
642 Subsection 15-20(3)
18
Repeal the subsection, substitute:
19
(3) The Medicare Australia CEO is taken, for the purposes of this Act,
20
to have decided that a claim is correct if the Medicare Australia
21
CEO does not give notice of his or her decision that the claim is
22
incorrect on or before the day under subsection 15-15(2) on or
23
before which, if the claim were correct, it would have been
24
required to have been paid.
25
643 Subsections 15-21(2) and 15-22(2)
26
Omit "
*
Managing Director", substitute "Medicare Australia CEO".
27
644 Paragraph 15-23(1)(e)
28
Omit "
*
Managing Director", substitute "Medicare Australia CEO".
29
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
92 Human Services Legislation Amendment Bill 2005 No. , 2005
645 Subsection 15-24(1)
1
Omit "
*
Managing Director", substitute "Medicare Australia CEO".
2
646 Subsection 15-24(1)
3
Omit "Managing Director is satisfied", substitute "Medicare Australia
4
CEO is satisfied".
5
647 Subsection 15-24(2)
6
Omit "
*
Managing Director", substitute "Medicare Australia CEO".
7
648 Subsection 15-24(2)
8
Omit "Managing Director is satisfied", substitute "Medicare Australia
9
CEO is satisfied".
10
649 Subsection 15-24(3)
11
Omit "
*
Managing Director", substitute "Medicare Australia CEO".
12
650 Subsection 15-24(3)
13
Omit "Managing Director's", substitute "Medicare Australia CEO's".
14
651 Subsection 15-24(5)
15
Omit "
*
Managing Director", substitute "Medicare Australia CEO".
16
652 Subsection 15-24(5)
17
Omit "Managing Director", substitute "Medicare Australia CEO".
18
653 Subsection 15-24(5)
19
Omit "by the Managing Director", substitute "by the Medicare
20
Australia CEO".
21
654 Subsection 15-24(6)
22
Omit "
*
Managing Director", substitute "Medicare Australia CEO".
23
655 Subsection 15-24(6)
24
Omit "fund, the Managing Director", substitute "fund, the Medicare
25
Australia CEO".
26
656 Subsection 15-25(1)
27
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 93
Omit "HIC", substitute "Medicare Australia CEO".
1
657 Paragraph 15-25(2)(c)
2
Omit "HIC", substitute "Medicare Australia CEO".
3
658 Subsections 15-25(3) and (4)
4
Omit "HIC", substitute "Medicare Australia CEO".
5
659 Subsection 15-25(6)
6
Repeal the subsection, substitute:
7
(6) The Medicare Australia CEO must notify the
*
health fund stating
8
the Medicare Australia CEO's decision on the reconsideration
9
together with a statement of his or her reasons for the decision.
10
660 Subsection 15-25(7)
11
Omit "HIC" (wherever occurring), substitute "Medicare Australia
12
CEO".
13
661 Subsection 15-25(7)
14
Omit "its", substitute "his or her".
15
662 Subsection 16-5(1)
16
Omit "HIC", substitute "Medicare Australia CEO".
17
Note:
The heading to section 16-5 is altered by omitting "HIC" and substituting "Medicare
18
Australia CEO".
19
663 Paragraph 16-5(2)(c)
20
Omit "HIC", substitute "Medicare Australia CEO".
21
664 Subsection 16-5(3)
22
Omit "HIC", substitute "Medicare Australia CEO".
23
665 Subsection 16-5(3)
24
Omit "it", substitute "he or she".
25
666 Subsections 16-5(4), (6) and (7)
26
Omit "HIC" (wherever occurring), substitute "Medicare Australia
27
CEO".
28
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
94 Human Services Legislation Amendment Bill 2005 No. , 2005
667 Subsection 16-10(1)
1
Omit "HIC" (first occurring), substitute "Medicare Australia CEO".
2
Note:
The heading to section 16-10 is altered by omitting "HIC" and substituting "Medicare
3
Australia CEO".
4
668 Paragraphs 16-10(1)(a) and (b)
5
Omit "HIC", substitute "Medicare Australia CEO".
6
669 Subsection 16-10(3)
7
Omit "HIC", substitute "Medicare Australia CEO".
8
670 Subparagraph 18-5(1)(d)(iii)
9
Omit "HIC" (wherever occurring), substitute "Medicare Australia
10
CEO".
11
671 Subsection 18-10(1)
12
Omit "
*
Managing Director", substitute "Medicare Australia CEO".
13
672 Paragraph 18-10(1)(a)
14
Omit "Managing Director", substitute "Medicare Australia CEO".
15
673 Subsection 18-10(3)
16
Omit "
*
Managing Director", substitute "Medicare Australia CEO".
17
674 Subsections 18-15(1) and (1A)
18
Omit "
*
Managing Director", substitute "Medicare Australia CEO".
19
675 Subsection 18-15(1A)
20
Omit "Managing Director is", substitute "Medicare Australia CEO is".
21
676 Subsection 18-15(3)
22
Omit "
*
Managing Director", substitute "Medicare Australia CEO".
23
677 Paragraph 18-20(1)(a)
24
Omit "HIC", substitute "Medicare Australia CEO".
25
Note:
The heading to section 18-20 is altered by omitting "HIC" and substituting "Medicare
26
Australia CEO".
27
678 Subsection 18-20(1)
28
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 95
Omit "HIC" (second occurring), substitute "Medicare Australia CEO".
1
679 Subsection 18-20(2)
2
Omit "HIC", substitute "Medicare Australia CEO".
3
680 Subsection 18-20(2)
4
Omit "
*
Managing Director", substitute "Medicare Australia CEO".
5
681 Subsection 18-20(3)
6
Omit "HIC", substitute "Medicare Australia CEO".
7
682 Paragraph 18-20(3)(a)
8
Omit "it", substitute "the Medicare Australia CEO".
9
683 Subsection 18-25(1)
10
Omit "HIC" (wherever occurring), substitute "Medicare Australia
11
CEO".
12
684 Paragraph 18-25(3)(b)
13
Omit "HIC", substitute "Medicare Australia CEO".
14
685 Subsections 18-25(4) and (5)
15
Omit "HIC", substitute "Medicare Australia CEO".
16
686 Subsections 18-25(6), (7) and (8)
17
Repeal the subsections, substitute:
18
(6) The Medicare Australia CEO must give you a notice stating his or
19
her decision on the reconsideration together with a statement of his
20
or her reasons for the decision.
21
(7) The Medicare Australia CEO must make his or her decision on
22
reconsideration of a decision within 28 days after the day on which
23
he or she received an application for reconsideration.
24
(8) The Medicare Australia CEO is taken, for the purposes of this
25
Division, to have made a decision confirming the original decision
26
if the Medicare Australia CEO has not told the applicant of his or
27
her decision on the reconsideration before the end of the period of
28
28 days.
29
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
96 Human Services Legislation Amendment Bill 2005 No. , 2005
687 Subsection 19-1(1)
1
Omit "HIC", substitute "Medicare Australia CEO".
2
688 Subsection 19-1(2)
3
Omit "HIC" (first occurring), substitute "Medicare Australia CEO".
4
689 Paragraph 19-1(2)(k)
5
Omit "HIC", substitute "Medicare Australia CEO".
6
690 Paragraph 19-1(2)(l)
7
Omit "
*
Managing Director", substitute "Medicare Australia CEO".
8
691 Subsection 19-1(3)
9
Omit "
*
Managing Director", substitute "Medicare Australia CEO".
10
692 Paragraph 19-1(5)(a)
11
Omit "HIC", substitute "Medicare Australia CEO".
12
693 Subsections 19-2(1) and (2)
13
Omit "HIC" (wherever occurring), substitute "Medicare Australia
14
CEO".
15
694 Section 19-3
16
Omit "HIC", substitute "Medicare Australia CEO".
17
695 Section 19-3
18
Omit "it", substitute "he or she".
19
696 Paragraphs 19-10(a), (b), (c) and (e)
20
Omit "HIC", substitute "Medicare Australia CEO".
21
697 Paragraph 19-10(f)
22
Omit "
*
Managing Director", substitute "Medicare Australia CEO".
23
698 Paragraph 19-10(g)
24
Omit "HIC", substitute "Medicare Australia CEO".
25
699 Subsection 19-15(1)
26
Amendments relating to the Health Insurance Commission Schedule 2
Consequential amendments Part 2
Human Services Legislation Amendment Bill 2005 No. , 2005 97
Omit "The HIC", substitute "(1) The Medicare Australia CEO".
1
700 Paragraph 19-15(1)(h)
2
Omit "HIC", substitute "Medicare Australia CEO".
3
701 Subsection 19-15(2)
4
Omit "HIC", substitute "Medicare Australia CEO".
5
702 Paragraph 19-16(1)(b)
6
Omit "Managing Director", substitute "Medicare Australia CEO".
7
703 Paragraph 19-16(1)(d)
8
Repeal the paragraph, substitute:
9
(d) an employee of Medicare Australia.
10
704 Subsections 19-16(2) and (3)
11
Repeal the subsections, substitute:
12
(2) The Medicare Australia CEO may, by writing, delegate all or any
13
of his or her powers under this Act to an employee of Medicare
14
Australia.
15
705 Section 19-25
16
Omit "HIC", substitute "Medicare Australia CEO".
17
706 Section 20-5
18
Insert:
19
employee of Medicare Australia means an employee within the
20
meaning of the Medicare Australia Act 1973.
21
707 Section 20-5 (definition of HIC)
22
Repeal the definition.
23
708 Section 20-5 (definition of Managing Director)
24
Repeal the definition.
25
709 Section 20-5
26
Insert:
27
Schedule 2 Amendments relating to the Health Insurance Commission
Part 2 Consequential amendments
98 Human Services Legislation Amendment Bill 2005 No. , 2005
Medicare Australia CEO means the Chief Executive Officer of
1
Medicare Australia.
2
Remuneration and Allowances Act 1990
3
710 Clause 3 of Schedule 2 (Part 3 of the table, table item
4
dealing with the General Manager, Health Insurance
5
Commission)
6
Repeal the item.
7
Social Security Act 1991
8
711 Subsection 23(1) (paragraph (b) of the definition of
9
protected information)
10
Omit "the Health Insurance Commission", substitute "Medicare
11
Australia".
12
712 Subsection 23(1) (after paragraph (b) of the definition of
13
protected information)
14
Insert:
15
(ba) information about a person obtained by an officer under the
16
family assistance law that was held in the records of the
17
Health Insurance Commission; or
18
713 Subsection 23(1) (subparagraph (c)(iv) of the definition of
19
protected information)
20
Repeal the subparagraph, substitute:
21
(iv) Medicare Australia.
22
Amendments relating to the Health Insurance Commission Schedule 2
Transitional provisions Part 3
Human Services Legislation Amendment Bill 2005 No. , 2005 99
1
Part 3--Transitional provisions
2
714 Definitions
3
(1)
In this Part:
4
amend includes repeal and remake.
5
asset means:
6
(a) any legal or equitable estate or interest in real or personal
7
property, whether actual, contingent or prospective; and
8
(b) any right, power, privilege or immunity, whether actual,
9
contingent or prospective;
10
but does not include a right, power, privilege or immunity conferred by
11
an Act or by regulations or other subordinate legislation made under an
12
Act.
13
CEO means the Chief Executive Officer of Medicare Australia.
14
commencement time means the time when this Part commences.
15
Commissioner means a Commissioner of HIC.
16
HeSA means Health eSignature Authority Pty Ltd (ACN 091 282 638).
17
HIC means the Health Insurance Commission established under the old
18
law.
19
instrument:
20
(a) includes:
21
(i) a contract, deed, undertaking or agreement; and
22
(ii) a notice, authority, order or instruction; and
23
(iii) an instrument made under an Act or regulations; but
24
(b) does not include an Act or regulations.
25
liability means any liability, duty or obligation, whether actual,
26
contingent or prospective, but does not include a liability, duty or
27
obligation imposed by an Act or by regulations or other subordinate
28
legislation made under an Act.
29
Managing Director means the Managing Director of HIC.
30
new law means the Medicare Australia Act 1973 as in force after the
31
commencement time.
32
old law means the Health Insurance Commission Act 1973 as in force
33
before the commencement time.
34
Schedule 2 Amendments relating to the Health Insurance Commission
Part 3 Transitional provisions
100 Human Services Legislation Amendment Bill 2005 No. , 2005
(2)
In this Part, unless a contrary intention is expressed, a reference to a law
1
(however described) is a reference to a law of the Commonwealth.
2
715 Managing Director to become CEO
3
The person who was the Managing Director immediately before the
4
commencement time under the old law, becomes the CEO immediately
5
after the commencement time and holds office as if he or she were
6
appointed for the remainder of his or her term as Managing Director by
7
the Minister under Division 2 of Part IIA of the new law immediately
8
after the commencement time.
9
716 Operation of laws--things done by, or in relation to, HIC
10
(1)
If, before the commencement time, a thing was done by, or in relation
11
to, HIC, a Commissioner, the Managing Director or HeSA, then, for the
12
purposes of the operation of any law after the commencement time, the
13
thing is taken to have been done by, or in relation to, the CEO.
14
(2)
For the purposes of subitem (1), a thing done before the commencement
15
time under a provision amended by this Schedule has effect from that
16
time as if it were done under that provision as amended. However, this
17
is not taken to change the time at which the thing was actually done.
18
(3)
The Minister may, by writing, determine that subitem (1):
19
(a) does not apply in relation to a specified thing done by, or in
20
relation to, HIC, a Commissioner, the Managing Director or
21
HeSA; or
22
(b) applies as if the reference in that subitem to the CEO were a
23
reference to the Commonwealth or to Medicare Australia.
24
A determination under this subitem has effect accordingly.
25
(4)
The regulations may provide for a thing specified in a determination
26
under paragraph (3)(a) to be taken to have been done by, or in relation
27
to, a person or body other than the CEO, the Commonwealth or
28
Medicare Australia.
29
(5)
To avoid doubt, for the purposes of this item, doing a thing includes
30
making an instrument.
31
(6)
A determination made under subitem (3) is not a legislative instrument.
32
717 References in instruments
33
Amendments relating to the Health Insurance Commission Schedule 2
Transitional provisions Part 3
Human Services Legislation Amendment Bill 2005 No. , 2005 101
(1)
If:
1
(a) an instrument is in force immediately before the
2
commencement time; and
3
(b) the instrument contains a reference to HIC (however
4
described), a Commissioner, the Managing Director or
5
HeSA;
6
the instrument has effect from the commencement time as if the
7
reference to HIC, the Commissioner, the Managing Director or HeSA
8
were a reference to the CEO.
9
(2)
If:
10
(a) an instrument is in force immediately before the
11
commencement time; and
12
(b) the instrument contains a reference to an officer of HIC
13
(however described);
14
the instrument has effect from the commencement time as if the
15
reference to the officer of HIC were a reference to an employee of
16
Medicare Australia.
17
(3)
The Minister may, by writing, determine that subitem (1) or (2):
18
(a) does not apply in relation to a specified reference; or
19
(b) applies as if:
20
(i) in the case of subitem (1)--the reference in that subitem
21
to the CEO were a reference to the Commonwealth or to
22
Medicare Australia; or
23
(ii) in the case of subitem (2)--the reference in that subitem
24
to an employee of Medicare Australia were a reference
25
to the CEO.
26
A determination under this subitem has effect accordingly.
27
(4)
The regulations may provide that an instrument containing a reference
28
specified in a determination under paragraph (3)(a) has effect from the
29
commencement time as if:
30
(a) in the case of an instrument covered by subitem (1)--the
31
reference were a reference to a person or body other than the
32
CEO, the Commonwealth or Medicare Australia; or
33
(b) in the case of an instrument covered by subitem (2)--the
34
reference were a reference to a person or body other than the
35
CEO or an employee of Medicare Australia.
36
Schedule 2 Amendments relating to the Health Insurance Commission
Part 3 Transitional provisions
102 Human Services Legislation Amendment Bill 2005 No. , 2005
(5)
This item has effect subject to subitem 718(3).
1
(6)
A determination made under subitem (3) is not a legislative instrument.
2
718 Transfer of assets and liabilities to the Commonwealth
3
Transfer of assets and liabilities
4
(1)
At the commencement time:
5
(a) the assets and liabilities of HIC become assets and liabilities
6
of the Commonwealth without any conveyance, transfer or
7
assignment; and
8
(b) the Commonwealth becomes HIC's successor in law in
9
relation to those assets and liabilities.
10
(2)
At the commencement time:
11
(a) the assets and liabilities of HeSA become assets and
12
liabilities of the Commonwealth without any conveyance,
13
transfer or assignment; and
14
(b) the Commonwealth becomes HeSA's successor in law in
15
relation to those assets and liabilities.
16
Instruments relating to transferred assets and liabilities
17
(3)
If:
18
(a) an instrument is in force immediately before the
19
commencement time; and
20
(b) the instrument relates to assets or liabilities covered by
21
subitem (1) or (2); and
22
(c) the instrument refers to HIC (however described) or to
23
HeSA;
24
the reference is to be read as a reference to the Commonwealth as
25
necessary to give effect to subitems (1) and (2).
26
Proceedings relating to transferred assets and liabilities
27
(4)
If, immediately before the commencement time, any proceedings:
28
(a) that related to assets or liabilities covered by subitem (1) or
29
(2); and
30
(b) to which HIC or HeSA was a party;
31
Amendments relating to the Health Insurance Commission Schedule 2
Transitional provisions Part 3
Human Services Legislation Amendment Bill 2005 No. , 2005 103
were pending in any court or tribunal, then, from the commencement
1
time, the Commonwealth is substituted for HIC or HeSA as a party to
2
the proceedings.
3
719 Recording Commonwealth ownership of assets and
4
liabilities
5
(1)
This item applies if:
6
(a) an asset or liability becomes an asset or liability of the
7
Commonwealth under item 718; and
8
(b) a law of the Commonwealth or a State or Territory provides
9
for the registration or recording of interests, or the transfer of
10
interests, in such an asset or liability.
11
(2)
The Minister may give the person responsible for such registration or
12
recording (the registration official) a certificate that:
13
(a) is signed by the Minister; and
14
(b) identifies the asset or liability; and
15
(c) states that, under item 718, the asset or liability has become
16
an asset or liability of the Commonwealth.
17
(3)
The registration official may:
18
(a) deal with, and give effect to, the certificate as if it were a
19
proper and appropriate instrument for transactions in relation
20
to assets or liabilities of that kind; and
21
(b) make such entries in the register or record as are necessary
22
having regard to the effect of this Part.
23
(4)
A document that appears to be a certificate given in accordance with
24
subitem (2):
25
(a) is taken to be such a certificate; and
26
(b) is taken to have been properly given;
27
unless the contrary is established.
28
720 Appropriations
29
Transfer of appropriations
30
(1)
If:
31
(a) a provision of an Act or regulations provides for, or relates
32
to, the appropriation of money out of the Consolidated
33
Revenue Fund; and
34
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104 Human Services Legislation Amendment Bill 2005 No. , 2005
(b) the provision refers to HIC (however described);
1
the reference to HIC is to be read from the commencement time as a
2
reference to Medicare Australia.
3
(2)
The Minister may, by writing, determine that a particular reference to
4
HIC covered by subitem (1) is to be read as a reference to the CEO. A
5
determination under this subitem has effect accordingly.
6
(3)
A determination made under subitem (2) is not a legislative instrument.
7
Re-appropriation of money
8
(4)
If an amount of money (the original amount) becomes an asset of the
9
Commonwealth under item 718, an amount equal to the original amount
10
may be paid out of the Consolidated Revenue Fund, which is
11
appropriated accordingly, for the purposes of Medicare Australia.
12
721 Transfer of staff
13
Long service leave
14
(1)
If:
15
(a) a member of the staff of HIC transfers, or is transferred, to
16
Medicare Australia; and
17
(b) previous employment of the staff member could have been
18
taken into account for the purposes of calculating the staff
19
member's entitlement to long service leave as a member of
20
the staff of HIC;
21
the previous employment must be taken into account in a similar
22
manner for the purposes of calculating the staff member's entitlement to
23
long service leave as an employee of Medicare Australia.
24
Other staffing matters
25
(2)
The regulations may prescribe other matters of a transitional nature in
26
relation to the transfer of staff from HIC to Medicare Australia.
27
(3)
Without limiting subitem (2), regulations under that subitem may
28
provide for:
29
(a) some or all of the entitlements and obligations of the staff of
30
HIC to be preserved; or
31
(b) HIC staffing procedures to apply, or to continue to apply, in
32
relation to:
33
Amendments relating to the Health Insurance Commission Schedule 2
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Human Services Legislation Amendment Bill 2005 No. , 2005 105
(i) processes begun before, but not completed by, the
1
commencement time; or
2
(ii) things done by, for or in relation to HIC or a staff
3
member of HIC before the commencement time; or
4
(c) Medicare Australia staffing procedures to apply in relation
5
to:
6
(i) processes begun before, but not completed by, the
7
commencement time; or
8
(ii) things done by, for or in relation to HIC or a staff
9
member of HIC before the commencement time.
10
(4)
Regulations made under this item have effect despite the Public Service
11
Act 1999.
12
(5)
In this item:
13
staffing procedures includes procedures and policies related to
14
recruitment, promotion, performance management, inefficiency,
15
misconduct, forfeiture of position, fitness for duty, loss of essential
16
qualifications, disciplinary action, reviews of or appeals against staffing
17
decisions, transfers, redundancy, resignations, termination of
18
employment, grievance processes and leave.
19
722 Transfer of records
20
At the commencement time, the records and documents of HIC and
21
HeSA become the records and documents of the CEO.
22
723 Access by Commissioners to records
23
For the purposes of the operation of subsection 27L(4) of the
24
Commonwealth Authorities and Companies Act 1997 in relation to the
25
books of HIC, the reference in that subsection to a Commonwealth
26
authority is to be read, after the commencement time, as a reference to
27
the CEO.
28
724 Financial statements and other reporting requirements
29
Financial statements
30
(1)
If:
31
(a) immediately before the commencement time, a law required
32
HIC, a Commissioner or the Managing Director to provide
33
financial statements for a period; and
34
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106 Human Services Legislation Amendment Bill 2005 No. , 2005
(b) the period ends after the commencement time;
1
the CEO must, within 3 months after the commencement time, provide
2
the statements for so much of the period as occurs before the
3
commencement time.
4
Other reporting requirements
5
(2)
If:
6
(a) immediately before the commencement time, a law required
7
HIC, a Commissioner or the Managing Director to provide a
8
report (other than financial statements) for a period; and
9
(b) the period ends after the commencement time;
10
the CEO must provide the report, as required, for so much of the period
11
as occurs before the commencement time.
12
(3)
If:
13
(a) under subitem (2), the CEO is required to provide a report for
14
a part of a period; and
15
(b) the CEO is also required to provide a similar report for the
16
remainder of the period;
17
the CEO may meet the requirements in a single report for the period.
18
Outstanding reporting requirements
19
(4)
If:
20
(a) a law required HIC, a Commissioner or the Managing
21
Director to provide a report (whether financial statements or
22
otherwise) for a period that ended before the commencement
23
time; and
24
(b) the report has not been provided by the commencement time;
25
the CEO must provide the report as required.
26
725 Substitution of parties to proceedings
27
(1)
If, immediately before the commencement time, any proceedings to
28
which HIC, a Commissioner, the Managing Director or HeSA was a
29
party were pending in any court or tribunal, then, from the
30
commencement time, the CEO is substituted for HIC, the
31
Commissioner, the Managing Director or HeSA as a party to the
32
proceedings.
33
Amendments relating to the Health Insurance Commission Schedule 2
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(2)
This item has effect subject to subitem 718(4).
1
726 Exemption from stamp duty and other State or Territory
2
taxes
3
No stamp duty or other tax is payable under a law of a State or Territory
4
in respect of, or anything connected with:
5
(a) the transfer of an asset or liability under this Part; or
6
(b) the operation of this Part in any other respect.
7
727 Constitutional safety net--acquisition of property
8
(1)
If:
9
(a) a provision of this Schedule would result in an acquisition of
10
property; and
11
(b) the provision would not be valid, apart from this item,
12
because a particular person has not been compensated;
13
the Commonwealth must pay that person:
14
(c) a reasonable amount of compensation agreed on between the
15
person and the Commonwealth; or
16
(d) failing agreement--a reasonable amount of compensation
17
determined by a court of competent jurisdiction.
18
(2)
Any damages or compensation recovered, or other remedy given, in a
19
proceeding begun otherwise than under this item must be taken into
20
account in assessing compensation payable in a proceeding begun under
21
this item and arising out of the same event or transaction.
22
(3)
In this item:
23
acquisition of property has the same meaning as in paragraph 51(xxxi)
24
of the Constitution.
25
728 Operation of the Administrative Decisions (Judicial
26
Review) Act 1977
27
Despite the amendment made by item 80, the Administrative Decisions
28
(Judicial Review) Act 1977 has effect in relation to decisions made
29
before the commencement time as if that amendment had not been
30
made.
31
729 Operation of the Freedom of Information Act 1982
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108 Human Services Legislation Amendment Bill 2005 No. , 2005
The Freedom of Information Act 1982 has effect after the
1
commencement time as if the reference to Medicare Australia in
2
Division 1 of Part II of Schedule 2 to that Act included a reference to
3
HIC.
4
730 Delegation by Minister
5
(1)
The Minister may, by writing, delegate all or any of his or her powers
6
and functions under this Part to:
7
(a) the Secretary of the Department; or
8
(b) an SES employee, or acting SES employee, in the
9
Department; or
10
(c) the CEO.
11
(2)
In exercising or performing powers or functions under a delegation, the
12
delegate must comply with any directions of the Minister.
13
(3)
A power or function delegated to the CEO under subitem (1) must not
14
be sub-delegated under subsection 8AC(3) of the Medicare Australia
15
Act 1973.
16
731 Regulations
17
(1)
The Governor-General may make regulations prescribing matters:
18
(a) required or permitted by this Schedule to be prescribed; or
19
(b) necessary or convenient to be prescribed for carrying out or
20
giving effect to this Schedule.
21
(2)
In particular, regulations may be made prescribing matters of a
22
transitional nature (including prescribing any saving or application
23
provisions) relating to the amendments or repeals made by this
24
Schedule.
25