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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Medicare Guarantee Bill 2017
No. , 2017
(Treasury)
A Bill for an Act to establish the Medicare
Guarantee Fund, and for related purposes
No. , 2017
Medicare Guarantee Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Simplified outline of this Act ............................................................ 2
4
Definitions ......................................................................................... 3
5
Medicare Guarantee Fund ................................................................. 4
6
Medicare Guarantee Fund (Treasury) Special Account ..................... 4
7
Credits to the Medicare Guarantee Fund (Treasury) Special
Account ............................................................................................. 4
8
Credit to the Medicare Guarantee Fund (Treasury) Special
Account--budget year beginning on 1 July 2017 .............................. 5
9
Credits to the Medicare Guarantee Fund (Treasury) Special
Account--later budget years ............................................................. 5
10
Credits to the Medicare Guarantee Fund (Treasury) Special
Account--avoiding funding shortfalls ............................................... 6
11
Purpose of the Medicare Guarantee Fund (Treasury) Special
Account ............................................................................................. 7
12
Medicare Guarantee Fund (Health) Special Account ........................ 7
13
Purposes of the Medicare Guarantee Fund (Health) Special
Account ............................................................................................. 7
14
Transfer of amounts to the Medicare Guarantee Fund
(Health) Special Account ................................................................... 8
15
Surplus amounts in the Medicare Guarantee Fund (Health)
Special Account--transfer to general CRF ........................................ 8
16
Delegation by the Treasurer............................................................... 9
17
Delegation by the Health Minister ..................................................... 9
18
Appropriation .................................................................................. 10
No. , 2017
Medicare Guarantee Bill 2017
1
A Bill for an Act to establish the Medicare
1
Guarantee Fund, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Medicare Guarantee Act 2017.
5
2 Commencement
6
(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
Section 3
2
Medicare Guarantee Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Simplified outline of this Act
7
•
This Act establishes the Medicare Guarantee Fund, which
8
consists of:
9
(a)
the Medicare Guarantee Fund (Treasury) Special
10
Account; and
11
(b)
the Medicare Guarantee Fund (Health) Special Account.
12
•
The purpose of the Medicare Guarantee Fund (Treasury)
13
Special Account is to ensure that amounts are available for
14
transfer to the Medicare Guarantee Fund (Health) Special
15
Account.
16
•
The purposes of the Medicare Guarantee Fund (Health)
17
Special Account are:
18
(a)
to make payments of Medicare benefits; and
19
(b)
to make payments under the Pharmaceutical Benefits
20
Scheme.
21
•
Amounts will be credited to the Medicare Guarantee Fund
22
(Treasury) Special Account and transferred to the Medicare
23
Guarantee Fund (Health) Special Account.
24
•
The transferred amounts will cover:
25
(a)
payments of Medicare benefits; and
26
Section 4
No. , 2017
Medicare Guarantee Bill 2017
3
(b)
payments under the Pharmaceutical Benefits Scheme.
1
4 Definitions
2
In this Act:
3
budget means an annual Commonwealth budget.
4
budget year means the financial year to which a budget relates.
5
Health Department means the Department administered by the
6
Health Minister.
7
Health Minister means the Minister who administers Part II of the
8
Health Insurance Act 1973.
9
initial credit time for the Medicare Guarantee Fund (Health)
10
Special Account means the first time when an amount is required
11
to be credited to the Medicare Guarantee Fund (Health) Special
12
Account by a direction under subsection 14(1).
13
Medicare benefit payment means:
14
(a) a payment by the Commonwealth under Part II of the Health
15
Insurance Act 1973; or
16
(b) a payment by the Commonwealth under an arrangement in
17
force under section 129A of the Health Insurance Act 1973.
18
Medicare Guarantee Fund (Health) Special Account means the
19
Medicare Guarantee Fund (Health) Special Account established by
20
section 12.
21
Medicare Guarantee Fund (Treasury) Special Account means the
22
Medicare Guarantee Fund (Treasury) Special Account established
23
by section 6.
24
PBS payment means a payment by the Commonwealth for the
25
purposes of Part VII of the National Health Act 1953, but does not
26
include expenditure covered by subsection 137(2) of that Act.
27
registered means registered on the Federal Register of Legislation.
28
Note:
See the Legislation Act 2003.
29
Section 5
4
Medicare Guarantee Bill 2017
No. , 2017
Treasury Department means the Department administered by the
1
Treasurer.
2
5 Medicare Guarantee Fund
3
The Medicare Guarantee Fund consists of:
4
(a) the Medicare Guarantee Fund (Treasury) Special Account;
5
and
6
(b) the Medicare Guarantee Fund (Health) Special Account.
7
6 Medicare Guarantee Fund (Treasury) Special Account
8
(1) The Medicare Guarantee Fund (Treasury) Special Account is
9
established by this section.
10
(2) The Medicare Guarantee Fund (Treasury) Special Account is a
11
special account for the purposes of the Public Governance,
12
Performance and Accountability Act 2013.
13
(3) The Medicare Guarantee Fund (Treasury) Special Account is to be
14
administered by the Secretary of the Treasury Department.
15
7 Credits to the Medicare Guarantee Fund (Treasury) Special
16
Account
17
(1) The Treasurer may, by notifiable instrument, determine that a
18
specified amount is to be credited to the Medicare Guarantee Fund
19
(Treasury) Special Account at a time specified in, or ascertained in
20
accordance with, the determination.
21
(2) The time specified in, or ascertained in accordance with, the
22
determination must not be earlier than the commencement of the
23
determination.
24
(3) The time specified in, or ascertained in accordance with, the
25
determination must not be earlier than 1 July 2017.
26
(4) The determination must be expressed to be for a specified budget
27
year.
28
Section 8
No. , 2017
Medicare Guarantee Bill 2017
5
8 Credit to the Medicare Guarantee Fund (Treasury) Special
1
Account--budget year beginning on 1 July 2017
2
(1) As soon as practicable after the commencement of this section, the
3
Treasurer must make a determination under section 7 that:
4
(a) is expressed to be for the budget year beginning on 1 July
5
2017; and
6
(b) provides that a specified amount is to be credited to the
7
Medicare Guarantee Fund (Treasury) Special Account at
8
whichever of the following times is applicable:
9
(i) if the determination is registered before 1 July 2017--
10
the start of 1 July 2017;
11
(ii) otherwise--the commencement of the determination.
12
Amount specified in determination
13
(2) The amount specified in the determination must be the amount the
14
Treasurer considers to be sufficient to cover the funding of:
15
(a) Medicare benefit payments; and
16
(b) PBS payments;
17
for the period:
18
(c) beginning when the specified amount is credited in
19
accordance with the determination; and
20
(d) ending at the end of the budget year.
21
9 Credits to the Medicare Guarantee Fund (Treasury) Special
22
Account--later budget years
23
(1) As soon as practicable after the release of the budget for:
24
(a) the budget year beginning on 1 July 2018; or
25
(b) a later budget year;
26
the Treasurer must make a determination under section 7 that:
27
(c) is expressed to be for the budget year; and
28
(d) provides that a specified amount is to be credited to the
29
Medicare Guarantee Fund (Treasury) Special Account at
30
whichever of the following times is applicable:
31
(i) if the determination is registered before the start of the
32
budget year--the specified time;
33
Section 10
6
Medicare Guarantee Bill 2017
No. , 2017
(ii) otherwise--the commencement of the determination.
1
(2) The specified time referred to in subparagraph (1)(d)(i):
2
(a) must not be later than the start of the budget year; and
3
(b) must not be earlier than the commencement of the
4
determination.
5
Amount specified in determination
6
(3) The amount specified in the determination must be the amount the
7
Treasurer considers to be sufficient to cover the funding of:
8
(a) Medicare benefit payments; and
9
(b) PBS payments;
10
for the period:
11
(c) beginning when the specified amount is credited in
12
accordance with the determination; and
13
(d) ending at the end of the budget year.
14
10 Credits to the Medicare Guarantee Fund (Treasury) Special
15
Account--avoiding funding shortfalls
16
(1) If:
17
(a) one or more amounts have been credited to the Medicare
18
Guarantee Fund (Treasury) Special Account; and
19
(b) at a time during a budget year, the Treasurer is satisfied that
20
the combined balance of that account and the Medicare
21
Guarantee Fund (Health) Special Account is likely to fall
22
short of the amount that the Treasurer considers would be
23
sufficient to cover the funding of:
24
(i) Medicare benefit payments; and
25
(ii) PBS payments;
26
for the remainder of the budget year;
27
the Treasurer must make a determination under section 7 that:
28
(c) is expressed to be for the budget year; and
29
(d) provides that a specified amount is to be credited to the
30
Medicare Guarantee Fund (Treasury) Special Account at a
31
specified time.
32
Section 11
No. , 2017
Medicare Guarantee Bill 2017
7
(2) The specified time:
1
(a) must occur during the budget year; and
2
(b) must not be earlier than the commencement of the
3
determination.
4
Amount specified in determination
5
(3) The amount specified in the determination must be the amount that
6
the Treasurer estimates to be the amount of the shortfall.
7
11 Purpose of the Medicare Guarantee Fund (Treasury) Special
8
Account
9
The purpose of the Medicare Guarantee Fund (Treasury) Special
10
Account is to ensure that amounts are available for transfer to the
11
Medicare Guarantee Fund (Health) Special Account under
12
section 14.
13
12 Medicare Guarantee Fund (Health) Special Account
14
(1) The Medicare Guarantee Fund (Health) Special Account is
15
established by this section.
16
(2) The Medicare Guarantee Fund (Health) Special Account is a
17
special account for the purposes of the Public Governance,
18
Performance and Accountability Act 2013.
19
(3) The Medicare Guarantee Fund (Health) Special Account is to be
20
administered by the Secretary of the Health Department.
21
13 Purposes of the Medicare Guarantee Fund (Health) Special
22
Account
23
The purposes of the Medicare Guarantee Fund (Health) Special
24
Account are as follows:
25
(a) to make Medicare benefit payments after the initial credit
26
time for the Medicare Guarantee Fund (Health) Special
27
Account;
28
(b) to make PBS payments after the initial credit time for the
29
Medicare Guarantee Fund (Health) Special Account.
30
Section 14
8
Medicare Guarantee Bill 2017
No. , 2017
Note:
See section 80 of the Public Governance, Performance and
1
Accountability Act 2013 (which deals with special accounts).
2
14 Transfer of amounts to the Medicare Guarantee Fund (Health)
3
Special Account
4
(1) If, at a particular time, the balance of the Medicare Guarantee Fund
5
(Treasury) Special Account is greater than zero, the Treasurer
6
must, in writing, direct that an amount equal to the balance is to be:
7
(a) debited from the Medicare Guarantee Fund (Treasury)
8
Special Account; and
9
(b) credited to the Medicare Guarantee Fund (Health) Special
10
Account;
11
as soon as practicable after the direction is given.
12
(2) A direction under subsection (1) is not a legislative instrument.
13
15 Surplus amounts in the Medicare Guarantee Fund (Health)
14
Special Account--transfer to general CRF
15
(1) After the initial credit time for the Medicare Guarantee Fund
16
(Health) Special Account, the Health Minister may, by notifiable
17
instrument, direct that a specified amount is to be debited from the
18
Medicare Guarantee Fund (Health) Special Account on a specified
19
day.
20
(2) The specified day must not be earlier than the commencement of
21
the direction.
22
(3) The Health Minister must not give a direction under subsection (1)
23
that specifies a day in a budget year unless:
24
(a) the Health Minister has estimated that the balance of the
25
Medicare Guarantee Fund (Health) Special Account as at the
26
end of the budget year (reduced by any amounts credited to
27
that account for a later budget year) is likely to be a particular
28
amount; and
29
(b) the amount specified in the direction is equal to, or less than,
30
the estimated amount.
31
(4) For the purposes of paragraph (3)(a), if:
32
Section 16
No. , 2017
Medicare Guarantee Bill 2017
9
(a) an amount is credited to the Medicare Guarantee Fund
1
(Treasury) Special Account under a section 7 determination
2
for a budget year; and
3
(b) as a result, under a section 14 direction, an amount equal to
4
that amount is:
5
(i) debited from the Medicare Guarantee Fund (Treasury)
6
Special Account; and
7
(ii) credited to the Medicare Guarantee Fund (Health)
8
Special Account;
9
the amount credited to the Medicare Guarantee Fund (Health)
10
Special Account is taken to have been credited for the budget year.
11
16 Delegation by the Treasurer
12
(1) The Treasurer may, by writing, delegate any or all of his or her
13
functions or powers under this Act to:
14
(a) the Secretary of the Treasury Department; or
15
(b) an SES employee, or acting SES employee, in the Treasury
16
Department.
17
Note:
The expressions SES employee and acting SES employee are defined
18
in section 2B of the Acts Interpretation Act 1901.
19
(2) In exercising powers under a delegation under subsection (1), the
20
delegate must comply with any directions of the Treasurer.
21
17 Delegation by the Health Minister
22
(1) The Health Minister may, by writing, delegate any or all of his or
23
her functions or powers under this Act to:
24
(a) the Secretary of the Health Department; or
25
(b) an SES employee, or acting SES employee, in the Health
26
Department.
27
Note:
The expressions SES employee and acting SES employee are defined
28
in section 2B of the Acts Interpretation Act 1901.
29
(2) In exercising powers under a delegation under subsection (1), the
30
delegate must comply with any directions of the Health Minister.
31
Section 18
10
Medicare Guarantee Bill 2017
No. , 2017
18 Appropriation
1
If, at any time after the initial credit time for the Medicare
2
Guarantee Fund (Health) Special Account, the balance of that
3
account is insufficient to cover:
4
(a) a Medicare benefit payment that is about to be made; or
5
(b) a PBS payment that is about to be made;
6
the Consolidated Revenue Fund is appropriated for the purposes of
7
making the Medicare benefit payment or PBS payment, as the case
8
requires.
9