Commonwealth Numbered Acts

Health Acts Amendment Act 1981 No. 118 of 1981 - SECT 70

70. (1) Section 73F of the Principal Act is amended-

   (a)  by omitting sub-section (1) and substituting the following
        sub-section:

''(1) A registered organization may make application to the Minister for-

   (a)  an exemption from the requirement to include in the basic medical
        benefits table provided, or intended to be provided, for the benefit
        of the contributors to a medical benefits fund conducted, or to be
        conducted, by it benefits in respect of professional services of a
        kind or kinds specified in the application; or

   (b)  an exemption from the requirement to include in the basic hospital
        benefits table provided, or intended to be provided, for the benefit
        of the contributors to a hospital benefits fund conducted, or to be
        conducted, by it-

        (i)    any benefits in respect of any day on which hospital treatment
               is provided to a person for the purpose of permitting the
               rendering to the person of a professional service, or
               professional services, of a kind or kinds specified in the
               application and no other professional service; and

        (ii)   any benefits, other than the benefits determined by the
               Permanent Head or the Minister under section 73G, in respect of
               any day on which hospital treatment is provided to a person for
               the purpose of permitting the rendering to the person of a
               professional service, or professional services, of a kind or
               kinds specified in the application together with a
               professional service that is not a professional service of a
               kind specified in the application.'';

   (b)  by omitting from sub-section (2) ''medical benefits'';

   (c)  by inserting after sub-section (2) the following sub-sections:

''(2A) Subject to sub-section (2B), an exemption granted under this section
does not take effect until the expiration of 1 month after the granting of the
exemption.

''(2B) An exemption in force under this section does not apply in relation to
a person who-

   (a)  was, immediately before the exemption took effect, a contributor, in
        accordance with a basic table, to a medical benefits fund, or to a
        hospital benefits fund, conducted by the organization concerned; and

   (b)  continues to be such a contributor,

until the expiration of a period of 2 months after the exemption took effect,
and, for the purpose of determining the entitlement of such a person to
benefits, in accordance with a basic table, in respect of the rendering of a
professional service, or the provision of hospital treatment, during that
period to the person or to a dependant of the person, the exemption shall be
disregarded.'';

   (d)  by omitting from sub-section (3) ''medical benefits'' (first
        occurring); and

   (e)  by adding at the end of sub-section (3) ''or as a registered hospital
        benefits organization, as the case may be''.

(2) The amendments made by sub-section (1) do not affect any exemption in
force under section 73F of the Principal Act immediately before the
commencement of this section.