Commonwealth Numbered Acts

HEALTH INSURANCE COMMISSION AMENDMENT ACT (No. 2) 1976 No. 100 of 1976 - SECT 7

6. Section 8 of the Principal Act is repealed and the following section
substituted:- Delegation by Commission.
''8. (1) The Commission may, either generally or as otherwise provided by the
instrument of delegation, by writing under its common seal, delegate to a
member of the Commission, or to a member of the staff of the Commission, any
of its powers under this Act, other than this power of delegation.

''(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Act, be deemed to have been exercised by the Commission.

''(3) A delegation under this section does not prevent the exercise of a power
by the Commission.''.

7. Part IIA of the Principal Act is repealed and the following Part
substituted:-

''PART IIA-MEDIBANK PRIVATE Additional functions.
''8A. (1) The functions of the Commission include the functions of conducting
a medical benefits fund or a hospital benefits fund, or both, in respect of a
State or of the Northern Territory, in accordance with rules determined by the
Commission.

''(2) Rules determined by the Commission in respect of a medical benefits fund
or a hospital benefits fund shall not be inconsistent with the provisions of
the National Heath Act 1953, or of the regulations in force under that Act,
that apply to the conducting of such a fund by a registered organization.

''(3) Rules determined by the Commission in respect of a medical benefits fund
or a hospital benefits fund shall not restrict eligibility for membership of
the fund by reference to-

   (a)  employment or former employment in a profession, trade, industry or
        calling;

   (b)  employment or former employment by a particular employer or by an
        employer included in a particular class of employers;

   (c)  membership or former membership of a particular profession,
        professional association or union;

   (d)  membership or former membership of the Defence Force or of a part of
        the Defence Force; or

   (e)  any other matter that is a prescribed matter for the purposes of the
        definition of 'restricted membership organization' in sub-section 4
        (1) of the National Health Act 1953. Application of
        National Health Act.
''8B. (1) For the purposes of the National Health Act 1953, the Commission
shall be deemed to be an organization as defined by sub-section 4 (1) of that
Act.

''(2) Where the Commission is registered as a registered medical benefits
organization, or as a registered hospital benefits organization, the
provisions of the National Health Act 1953, and of the regulations in force
under that Act, apply to and in relation to the Commission in so far as they
regulate the conduct of medical benefits funds, or hospital benefits funds, as
the case may be, by registered organizations. Duty of Commission.
''8C. The Commission shall, to the greatest extent practicable, perform its
functions under this Part-

   (a)  in the same buildings as it occupies, and by using the same equipment
        as it uses, in connexion with the performance of its general
        functions; and

   (b)  by making use of the same members of the staff as are engaged in the
        performance of its general functions. Apportionment of expenses of
        Commission.
''8D. (1) The Commission shall determine, and, whenever appropriate,
re-determine, with the approval of the Minister, principles in accordance with
which there may be ascertained, in respect of expenditure of the Commission
related to the performance of both its general functions and its medibank
private functions, the amount of that expenditure that is to be treated, for
the purposes of this Act, as expenditure wholly and exclusively related to the
performance of its general functions and the amount of that expenditure that
is to be treated, for the purposes of this Act, as expenditure wholly and
exclusively related to the performance of its medibank private functions.

''(2) The Minister shall not approve principles for the purposes of
sub-section (1) unless he has considered the advice concerning those
principles furnished by the Auditor-General.

''(3) The Commission shall, in respect of expenditure of the Commission
related to the performance of both its general functions and its medibank
private functions-

   (a)  ascertain, in accordance with the principles applicable under
        sub-section (1), the amount of that expenditure that is to be treated
        as expenditure wholly and exclusively related to the performance of
        its general functions and treat the amount so ascertained as
        expenditure of that kind for the purposes of this Act; and

   (b)  ascertain, in accordance with the principles applicable under
        sub-section (1), the amount of that expenditure that is to be treated
        as expenditure wholly and exclusively related to the performance of
        its medibank private functions and treat the amount so ascertained as
        expenditure of that kind for the purposes of this Act.

''(4) For the purposes of the National Health Act 1953, an amount that is to
be treated in the manner referred to in paragraph (3) (b) shall be deemed to
be an amount of costs incurred by the Commission in carrying on business as a
registered medical benefits organization and a registered hospital benefits
organization.

''(5) In this section, a reference to expenditure includes a reference to
provision for expenditure. Payments to be made in place of taxes.
''8E. (1) The Commission shall, in respect of each financial year, determine
the amount by which the expenditure of the Commission in respect of that
financial year in the performance of its medibank private functions would, if
it were not an authority of the Commonwealth and section 39 had not been
enacted, have exceeded the expenditure of the Commission, in respect of that
year, in the performance of those functions.

''(2) The Commission, in determining an amount under sub-section (1) in
respect of a financial year, shall have regard to the extent to which its
expenditure is to be treated, by virtue of section 8D, as expenditure wholly
and exclusively related to the performance of its medibank private functions.

''(3) The amount determined under sub-section (1) in respect of a financial
year shall, for the purposes of the National Health Act 1953, be deemed to be
an amount of costs incurred by the Commission in carrying on business as a
registered medical benefits organization and a registered hospital benefits
organization.

''(4) An amount equal to the amount determined by the Commission under
sub-section (1) in respect of a financial year is payable by the Commission
into the Consolidated Revenue Fund by such instalments, payable at such times,
as the Treasurer approves.

''(5) The Minister may pay to a State, an authority of a State or a local
governing body in a State an amount equal to such part of the amount
determined by the Commission under sub-section (1) in respect of a financial
year as appears to him to represent the amount of taxes, rates or other
charges that would have been payable by the Commission to the State, authority
or body in that financial year in connexion with the performance of its
medibank private functions if it were not an authority of the Commonwealth and
section 39 had not been enacted.

''(6) Payments under sub-section (5) may be made out of the Consolidated
Revenue Fund which is appropriated accordingly.''. 

6. Section 8 of the Principal Act is repealed and the following section
substituted:-

"8. (1) The Commission may,either generally or as otherwise provided
by the instrument of delegation,by writing under its common seal,
delegate to a member of the Commission,or to a member of the staff of
the Commission,any of its powers under this Act,other than this power
of delegation.

"(2) A power so delegated,when exercised by the delegate,shall,
for the purposes of this Act,be deemed to have been exercised by the
Commission.

"(3) A delegation under this section does not prevent the exercise of
a power by the Commission.".