Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Subsection 84(1)
Insert:
"Commonwealth officer" means:
(a) the Governor‑General; or
Note: See also section 16A of the Acts Interpretation Act 1901 .
(b) a Minister; or
(c) a member of the Parliament of the Commonwealth; or
(d) the Administrator, an Acting Administrator, or a Deputy Administrator, of Norfolk Island; or
(e) a person who is in the employment of the Commonwealth; or
(f) a person who holds or performs the duties of any office or position established by or under a law of the Commonwealth; or
(g) a member of the Australian Defence Force; or
(h) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee, a special member or a special protective service officer (all within the meaning of the Australian Federal Police Act 1979 ).
2 Subsection 84(1)
Insert:
"State or Territory officer" means:
(a) the Governor of a State; or
Note: See also section 16B of the Acts Interpretation Act 1901 .
(b) the Administrator, an Acting Administrator, or a Deputy Administrator, of the Northern Territory; or
(c) a Minister of a State, a Minister for the Australian Capital Territory or a Minister of the Northern Territory; or
(d) a member of the Parliament of a State, a member of the Legislative Assembly for the Australian Capital Territory or a member of the Legislative Assembly of the Northern Territory; or
(e) a person who is in the employment of a State or Territory; or
(f) a person who holds or performs the duties of any office or position established by or under a law of a State or Territory; or
(g) a member of the police force or police service of a State or Territory.
3 Section 86
Before "Subject", insert "(1)".
4 At the end of section 86
Add:
Residency
(2) For the purposes of paragraph (1)(a), while a person is working outside Australia as a Commonwealth officer, he or she is taken to reside in Australia.
(3) For the purposes of paragraph (1)(a), while a person is working outside Australia as a State or Territory officer, he or she is taken to reside in Australia.
(4) For the purposes of paragraph (1)(a), while the spouse, or a dependent child, of a person covered by subsection (2) or (3) is outside Australia accompanying that person, the spouse or child is taken to reside in Australia.
Note: Paragraph (1)(a) refers to a person being an eligible person within the meaning of the Health Insurance Act 1973 . Under that Act an Australian resident is an eligible person. A person must reside in Australia to be an Australian resident.
Definitions
(5) In this section:
"dependent child" has the same meaning as in section 84B.
"spouse" has the same meaning as in section 84B.
5 Section 86A
Before "An", insert "(1)".
6 At the end of section 86A
Add:
Commonwealth, State or Territory officers working outside Australia
(2) However, subsection (1) does not apply to the supply of a pharmaceutical benefit in respect of:
(a) a person working outside Australia as a Commonwealth officer; or
(b) a person working outside Australia as a State or Territory officer; or
(c) the spouse, or a dependent child, of a person covered by paragraph (a) or (b) if the spouse or child is outside Australia accompanying that person.
Definitions
(3) In this section:
"dependent child" has the same meaning as in section 84B.
"spouse" has the same meaning as in section 84B.
7 Paragraph 99ZI(1)(c)
Omit "or of another person travelling in the company of the person", substitute ", of another person travelling in the company of the person or of a person covered by paragraph 86A(2)(a), (b) or (c)".
8 Paragraph 99ZI(2)(c)
Omit "or of another person accompanying the person", substitute ", of another person accompanying the person or of a person covered by paragraph 86A(2)(a), (b) or (c)".
9 Subsection 99ZJ(4)
Omit "exporter, or of another person accompanying the exporter", substitute "exporter (the applicable person ), of another person (the applicable person ) accompanying the exporter or of a person (the applicable person ) covered by paragraph 86A(2)(a), (b) or (c)".
10 Subparagraph 99ZJ(4)(b)(i)
Omit "exporter or of that other person", substitute "applicable person".
11 Subparagraph 99ZJ(4)(b)(v)
Repeal the subparagraph, substitute:
(v) setting out the daily dosage of the substances for the applicable person and the time the applicable person is expected to be outside Australia; or
12 Paragraph 99ZJ(4)(c)
Omit "the exporter or of another person accompanying the exporter", substitute "the applicable person".
13 Subparagraph 99ZK(2)(b)(iii)
Omit "or of a person who travels from Australia in the company of the exporter", substitute "of a person who travels from Australia in the company of the exporter or of a person covered by paragraph 86A(2)(a), (b) or (c)".
14 Subparagraph 99ZT(b)(ii)
Omit "or of a person accompanying the exporter", substitute ", of a person accompanying the exporter or of a person covered by paragraph 86A(2)(a), (b) or (c)".
15 Paragraph 103(4AA)(a)
After "treatment of the person", insert "or of a person covered by paragraph 86A(2)(a), (b) or (c)".