Commonwealth Numbered Regulations - Explanatory Statements

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HEALTH INSURANCE COMMISSION REGULATIONS (AMENDMENT) 1995 NO. 24

Statutory Rules 1995 No. 24

Issued by the Authority of the Minister for Human Services and Health

Health Insurance Commission Act 1973

Health Insurance Commission Regulations (Amendment)

The Health Insurance Commission Act 1973 (the Act) provides for the constitution of a Health Insurance Commission. (the Commission) and for purposes connected therewith.

Section SE of the Act provides for the Commission to have, in addition to its functions as specified by enactment, functions prescribed by regulations.

Section 44 of the Act provides that the Governor-General may make regulations for the purposes of the Act.

Regulation 3M of the Health Insurance Commission Regulations confers upon the Commission functions in relation to pathology laboratories and specimen collection centres. Section 23DNB of the Health Insurance Act 1973 provides for entitlements to licensed pathology specimen collection centres.

Part V of the Act deals with financial matters in regard to the Commission's functions. These matters include estimates of expenditure, apportionment of assets, bank accounts, and borrowing and investment.

Section 41B of the Act enables modifications of the provisions of Part V, by regulations, in respect of functions conferred upon the Commission under Part UB of the Act. These Part HB functions; include, by virtue of section 8E of the Act functions themselves conferred by regulation.

The proposed regulations are to reflect the present form of section 23DNB of the Health Insurance Act 1973 concerning the allocation of units of entitlement to operate licensed pathology specimen collection centres under that Act. They are also to clarify the modifications to Part V of the Act to properly reflect the making of Regulation 3P of the Health Insurance Commission Regulations.

Details of the regulations are set out in the Attachment.

The regulations commenced on gazettal.

ATTACHMENT

Commencement

The regulations commence operation on gazettal.

Regulation 1 - Amendment

Subregulation 1.1 provides for the amendment of the Health Insurance Commission Regulations (the Regulations) as set out below.

Regulation 2 - Regulation 3A1 (Additional Functions of the Commission in relation to pathology laboratories and specimen collection centres)

Subregulation 2.1 omits from regulation 3M of the regulations an obsolete reference to determination of maximum number of licensed collection centres (for collection of pathology specimens) and substitutes a reference to the allocation of units of entitlement to operate licensed collection centres. This reflects the form of section 23DNB of the Health Insurance Act 1973.

Regulation 3 - Regulation 4A (Modification of Part V of the Act)

Subregulation 3.1 operates to add, to the introductory words to regulation 4A of the Regulations, a reference to the regulation 3P function so that the introductory words contain a complete list of all of the Commission's functions currently conferred upon it under Part HB of the Act in relation to which financial provision needs to be made.

Subregulation 3.2 operates to add to the list of functions contained in inserted paragraph 32A(1)(c) of the Act the regulation 3P function. The effect of the addition is that this function is to be treated as "medicare" functions, for purposes of Part V of the Act other than section 32.