Commonwealth Numbered Acts

HEALTH INSURANCE AMENDMENT ACT 1977 No. 75 of 1977 - SECT 4

4. After section 4 of the Principal Act the following sections are inserted:-
Minister may vary Part 7 of table.
''4A. (1) The Minister may refer to the Medical Benefits Advisory Committee,
for its consideration and recommendation, the question whether the table
should be varied, in accordance with sub-section (2), in a manner specified in
the reference.

''(2) The table may be varied under this section-

   (a)  by varying or inserting an item in Part 7 or by omitting an item from
        that Part;

   (b)  by omitting, varying or inserting a rule of interpretation relating to
        that Part; or

   (c)  by substituting another amount for an amount set out in an item in
        that Part.

''(3) If, after consideration of a question referred to it under sub- section
(1), the Committee recommends to the Minister a variation of the table,
whether or not in the manner specified in the reference by the Minister, the
Minister may make a determination varying the table in accordance with the
recommendation.

''(4) A determination made under this section-

   (a)  shall be published in the Gazette;

   (b)  has effect from the date of publication or such later date as is
        specified in the determination; and

   (c)  shall not be deemed to be a Statutory Rule within the meaning of the
        Rules Publication Act 1903.

''(5) On the coming into effect of a determination made under this section,
the table has effect, subject to this section, as if it were varied in
accordance with the determination.

''(6) A determination made under this section, unless sooner revoked or
disallowed, ceases to have effect on the expiration of the period of 6 months
commencing on the date of the coming into effect of the determination.

''(7) A determination made under this section that has effect, or, but for
this sub-section, would have effect, from a date within the period of 12
months commencing on the date of the coming into effect of an earlier
determination made under this section does not have effect to the extent that
it purports to make the same, or substantially the same, provision as was made
by the earlier determination.

''(8) A determination made under this section does not have effect to the
extent that it is inconsistent with regulations made for the purposes of
section 4 and commencing on or after the date of the publication of the
determination in the Gazette.

''(9) The provisions of section 48 (except paragraphs (1) (a) and (b) and
sub-section (2)), and of section 49, of the Acts Interpretation Act 1901
apply, by force of this sub-section, to a determination made under this
section in like manner as those provisions apply to regulations. Multiple
pathology services.
''4B. (1) This section has effect without limiting the generality of
sections 4 and 4A.

''(2) A regulation for the purposes of section 4 or a determination under
section 4A may make provision, by way of a rule of interpretation, for two or
more pathology services to be treated, in specified circumstances, as one
pathology service.

''(3) Where, in accordance with the table, two or more pathology services are
to be treated as one pathology service, the Minister may, if he is satisfied
in a particular case that the circumstances justify his so doing, direct that
any of the services that, but for this sub-section, would be treated as one
service shall not be so treated.''.