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This is a Bill, not an Act. For current law, see the Acts databases.


NATIONAL HEALTH AMENDMENT (PHARMACEUTICAL AND OTHER BENEFITS-COST RECOVERY) BILL 2008 [NO. 2]

2008
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Health Amendment
(Pharmaceutical and Other Benefits--
Cost Recovery) Bill 2008
No. , 2008
(Health and Ageing)
A Bill for an Act to amend the National Health Act
1953, and for related purposes
i National Health Amendment (Pharmaceutical and Other Benefits--Cost Recovery) Bill 2008
No. , 2008
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 2
Schedule 1--Cost recovery
3
National Health Act 1953
3
National Health Amendment (Pharmaceutical and Other Benefits--Cost Recovery) Bill 2008
No. , 2008 1
A Bill for an Act to amend the National Health Act
1
1953, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the National Health Amendment
5
(Pharmaceutical and Other Benefits--Cost Recovery) Act 2008.
6
2 Commence ment
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 National Health Amendment (Pharmaceutical and Other Benefits--Cost Recovery) Bill
2008 No. , 2008
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
1 Ju ly 2008.
1 Ju ly 2008
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to 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repealed as set out in the applicable items in the Schedule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
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Cost recovery Schedule 1
National Health Amendment (Pharmaceutical and Other Benefits--Cost Recovery) Bill 2008
No. , 2008 3
Schedule 1
--
Cost recovery
1
2
National Health Act 1953
3
1 After Division 4B of Part VII
4
Insert:
5
Division 4C--Cost recovery
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Subdivision A--Preliminary
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99YB What this Division is about
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This Division enables fees to be charged for certain services
9
provided by the Commonwealth in order to recover the cost to the
10
Commonwealth of providing those services. Those services relate
11
to the exercise of certain powers of the Minister under this Act.
12
Subdivision B provides for regulations to set out the fees that are
13
payable for those services, as well as other matters relating to the
14
payment of those fees and the provision of those services
15
(including some consequences of failing to pay a fee).
16
Subdivision C sets out another possible consequence of failing to
17
pay a fee by providing for the Minister to refuse to exercise certain
18
powers until the fee is paid.
19
Subdivision B--Payment of fees etc. for certain services
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99YBA Payment of fees etc. for ce rtain services
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(1) The regulations may make provision in relation to services
22
provided by the Commonwealth in relation to the exercise of a
23
power by the Minister under any of the following:
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(a) section 9B;
25
(b) a provision in Part VII (other than a provision in that Part
26
prescribed by the regulations).
27
Schedule 1 Cost recovery
4 National Health Amendment (Pharmaceutical and Other Benefits--Cost Recovery) Bill
2008 No. , 2008
(2) Without limiting subsection (1), the regulations may make
1
provision in relation to the following:
2
(a) the making of applications for those services;
3
(b) prescribing fees for those services;
4
(c) the time that prescribed fees are due and payable (including
5
extending the time for payment of the fees);
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(d) the manner of payment of prescribed fees (including payment
7
by instalments);
8
(e) the payment of penalties in respect of late payment of
9
prescribed fees;
10
(f) exemptions from prescribed fees;
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(g) the waiver, remission or refund of prescribed fees;
12
(h) the refusal to provide those services until a prescribed fee is
13
paid;
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(i) the review of decisions made under the regulations.
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(3) A prescribed fee must not be such as to amount to taxation.
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(4) A prescribed fee is payable to the Commonwealth.
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(5) A prescribed fee that is due and payable may be recovered by the
18
Commonwealth as a debt due to the Commonwealth.
19
Subdivision C--Consequences if fees not paid
20
99YBB Minister may refuse to exercise certain powe rs if prescribed
21
fees not paid
22
(1) If:
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(a) a person applies for a service referred to in subsection
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99YBA(1) in relation to the exercise of a power by the
25
Minister; and
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(b) either:
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(i) a fee prescribed under paragraph 99YBA(2)(b) is
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payable by the person for the service; or
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(ii) a fee prescribed under paragraph 99YBA(2)(b) is
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payable by the person for another service referred to in
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subsection 99YBA(1) that the person has applied for;
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Cost recovery Schedule 1
National Health Amendment (Pharmaceutical and Other Benefits--Cost Recovery) Bill 2008
No. , 2008 5
then, without limiting any power the Minister may otherwise have
1
under section 9B or this Part, the Minister may refuse to exercise
2
the power until the prescribed fee is paid.
3
(2) A refusal referred to in subsection (1) is not a legislative
4
instrument.
5

 


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