Health Legislation Amendment Act (No. 2) 1982 No. 112 of 1982
Health Legislation Amendment Act (No. 2) 1982 No. 112 of 1982 - TABLE OF PROVISIONS
Health Legislation Amendment Act (No. 2) 1982 No. 112 of 1982 TABLE OF PROVISIONS PART I-PRELIMINARY Section 1. Short title 2. Commencement PART II-AMENDMENTS OF THE HEALTH INSURANCE ACT 1973 3. Principal Act 4. Interpretation 5. Insertion of new section- 4C. Disadvantaged persons, being certain former recipients of invalid pension and sheltered employment allowance 6. Disadvantaged persons, being persons on low incomes 7. Declarations of person to be disadvantaged person not to overlap 8. Offences in relation to disqualifications under section 19B 9. Information with respect to disadvantaged persons 10. Delegation by Director-General of Social Security 11. Evidence 12. Amendments consequential upon the enactment of the Social Services Legislation Amendment Act 1982 PART III-AMENDMENTS OF THE NATIONAL HEALTH ACT 1953 13. Principal Act 14. Interpretation 15. Circumstances in which payment not to be made 16. Revocation, &c., of conditions imposed by Minister 17. Directions by the Minister to registered organizations 18. Minister may give directions to registered organizations concerning management practices 19. Insertion of new section- 73BEB. Directions subject to Parliamentary disallowance 20. Refusal to admit person as contributor on ground of health 21. Refusal of contributions of patient in institution 22. Direction to reinstate person as contributor to a registered organization 23. Offences 24. Interpretation 25. Insertion of new section- 84AA. Concessional benefit prescriptions and pensioner benefit prescriptions 26. Limited charges for pharmaceutical benefits 27. Approved pharmaceutical chemists 28. Approved medical practitioners 29. Approvals to be subject to conditions 30. Approved hospital authorities 31. Payment for supply of benefits 32. Offences 33. Pharmaceutical chemists to furnish statement of stocks 34. Repeal of section 105AA and substitution of new section- 105AA. Interpretation 35. Applications for review by Tribunal 36. Insertion of new section- 105AC. Statement to accompany notification of decisions 37. Defence in certain prosecutions 38. Evidence 39. Amendments consequential upon the enactment of the Social Services Legislation Amendment Act 1982 40. Application of certain amendments SCHEDULE 1 AMENDMENTS OF THE HEALTH INSURANCE ACT 1973 CONSEQUENTIAL UPON THE ENACTMENT OF THE SOCIAL SERVICES LEGISLATION AMENDMENT ACT 1982 SCHEDULE 2 AMENDMENTS OF THE NATIONAL HEALTH ACT 1953 CONSEQUENTIAL UPON THE ENACTMENT OF THE SOCIAL SERVICES LEGISLATION AMENDMENT ACT 1982 Health Legislation Amendment Act (No. 2) 1982 No. 112 of 1982 - SECT. 1. Short title.

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the Health Insurance Commission Act 1973, and for related purposes (Assented to 8 November 1982) BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: PART I-PRELIMINARY Short title 1. This Act may be cited as the Health Legislation Amendment Act (No. 2) 1982. Health Legislation Amendment Act (No. 2) 1982 No. 112 of 1982 - SECT. 2. Commencement
2. (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent. (2) Sub-sections 4 (1) and (4) and 14 (2) and (4) shall come into operation or shall be deemed to have come into operation, as the case requires, on 1 November 1982. (3) Sub-sections 4 (2) and 5 (1), sections 7 and 9, sub-section 24 (1), sections 25 and 26, sub-section 29 (2), section 31, sub-section 32 (2) and section 40 shall come into operation on 1 January 1983. (4) Sub-sections 4 (3), 5 (2), 14 (3) and 24 (2) shall come into operation on 1 March 1983. (5) Sub-section 6 (2) shall come into operation on 1 April 1983. (6) Sub-section 6 (3) shall come into operation on 1 May 1983. (7) Section 8 shall come into operation, or shall be deemed to have come into operation, as the case requires, on the day on which section 8 of the Health Legislation Amendment Act 1982 comes, or came, into operation. (8) The amendment made by sub-section 14 (1) shall be deemed to have taken effect on 1 October 1977. Health Legislation Amendment Act (No. 2) 1982 No. 112 of 1982 - SECT. 3. Principal Act
PART II-AMENDMENTS OF THE HEALTH INSURANCE ACT 1973 3. The Health Insurance Act 1973*1* is in this Part referred to as the Principal Act. Health Legislation Amendment Act (No. 2) 1982 No. 112 of 1982 - SECT. 4. Interpretation
4. (1) Section 3 of the Principal Act is amended- (a) by omitting '', a sheltered employment allowance or a sickness benefit'' from sub-paragraph (a) (i) of the definition of ''eligible pensioner'' in sub-section (1) and substituting ''or a sheltered employment allowance''; (b) by inserting after paragraph (a) of the definition of ''eligible pensioner'' in sub-section (1) the following paragraph: ''(aa) a person to whom or in respect of whom- (i) there is being paid a sickness benefit under the Social Security Act 1947; or (ii) such a benefit would be payable if the person were not a person in receipt of a training allowance under section 135D of the Social Security Act 1947;''; (c) by inserting after sub-section (6) the following sub-sections: ''(7) Notwithstanding anything in the definition of 'dependant' in sub-section (1), a person to whom or in respect of whom- (a) a supporting parent's benefit under the Social Security Act 1947 is being paid; or (b) such a benefit would be payable if the person were not a person in receipt of a training allowance under section 135D of the Social Security Act 1947, shall not be taken to be a dependant of another person who is an eligible pensioner unless- (c) that benefit was granted pursuant to a claim lodged before the prescribed date; and (d) the pension that is being paid to or in respect of the other person,
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or that would, if the other person were not a person in receipt of a training allowance under section 135D of the Social Security Act 1947, be payable to or in respect of the other person, was granted pursuant to a claim lodged before the prescribed date. ''(8) In sub-section (7), 'prescribed date' means 1 November 1982, or if the day on which the Social Security Legislation Amendment Act 1982 receives the Royal Assent is a later day than 1 November 1982, that later day.''; and (d) by omitting from sub-section (10) ''sub-section (9)'' and substituting ''sub-sections (7) and (9)''. (2) Section 3 of the Principal Act is amended- (a) by inserting after paragraph (a) of the definition of ''dependant'' in sub-section (1) the following paragraph: ''(aa) in relation to a person who is a disadvantaged person by virtue of section 4C- (i) the wife of the person; (ii) a child under the age of 16 years who is in the custody, care and control of the person or of the wife or husband of the person; or (iii) a person who- (A) has attained the age of 16 years but is under the age of 25 years; (B) is receiving full-time education at a school, college or university; (C) is not in receipt of an invalid pension under Part III of the Social Security Act 1947; and (D) is wholly or substantially dependent on the person or on the wife or husband of the person;''; (b) by omitting from sub-section (7) all the words after ''eligible pensioner'' and substituting the following words and paragraphs: ''or who is a disadvantaged person by virtue of section 4C unless that benefit was granted pursuant to a claim lodged before the prescribed date and- (c) in a case where the other person is an eligible pensioner-the pension that is being paid to or in respect of the other person, or that would, if that other person were not a person in receipt of a training allowance under section 135D of the Social Security Act 1947, be payable to or in respect of the other person, was granted pursuant to a claim lodged before the prescribed date; or (d) in a case where the other person is a disadvantaged person by virtue of section 4C- (i) if paragraph 4C (1) (a) applied to the person immediately before the day on which the person became such a disadvantaged person-the pension that was being paid to or in respect of the person was granted pursuant to a claim lodged before the prescribed date; or (ii) if paragraph 4C (1) (b) applied to the person immediately before the day on which the person became such a disadvantaged person-the pension that would, if the person were not a person to whom paragraph 4C (1) (b) applied, have been payable to or in respect of the person, was granted pursuant to a claim lodged before the prescribed date''; (c) by inserting after sub-section (10) the following sub-section: ''(10A) In paragraph (aa) of the definition of 'dependant' in sub-section (1), a reference to the wife or husband of a person includes a reference to a person who, although not legally married to the first-mentioned person, is living with the first-mentioned person as the wife or husband of the first-mentioned person on a bona fide domestic basis.''; and (d) by inserting in sub-section (13) ''or is a disadvantaged person by virtue of section 4C in respect of a period,'' after ''period,'' (first occurring). (3) Section 3 of the Principal Act is amended- (a) by omitting sub-sub-paragraph (a) (iii) (C) of the definition of
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''dependant'' in sub-section (1) and substituting the following sub-sub-paragraph: ''(C) is not being paid an invalid pension under Part III of the Social Security Act 1947 or, in a case where the person is being paid a rehabilitation allowance under that Act, was not eligible to receive such a pension immediately before the person became eligible to receive that allowance; and''; (b) by omitting sub-sub-paragraph (aa) (iii) (C) of the definition of ''dependant'' in sub-section (1) and substituting the following sub-sub-paragraph: ''(C) is not being paid an invalid pension under Part III of the Social Security Act 1947 or, in a case where the person is being paid a rehabilitation allowance under that Act, was not eligible to receive such a pension immediately before the person became eligible to receive that allowance; and''; (c) by omitting paragraphs (a) and (aa) of the definition of ''eligible pensioner'' in sub-section (1) and substituting the following paragraphs: ''(a) a person to whom or in respect of whom there is being paid an age pension, an invalid pension, a widow's pension, a supporting parent's benefit, a sheltered employment allowance or a rehabilitation allowance under the Social Security Act 1947 other than such a person who is a person to whom paragraph (aa) applies or who is a prescribed person within the meaning of section 83CA of the Social Security Act 1947; ''(aa) a person- (i) to whom or in respect of whom there is being paid a sickness benefit under the Social Security Act 1947; or (ii) who is in receipt of a rehabilitation allowance under the Social Security Act 1947 and was, immediately before the person became eligible to receive that allowance, eligible to receive such a sickness benefit;''; (d) by omitting from sub-section (7) the following words and paragraphs: ''a person to whom or in respect of whom- (a) a supporting parent's benefit under the Social Security Act 1947 is being paid; or (b) such a benefit would be payable if the person were not a person in receipt of a training allowance under section 135D of the Social Security Act 1947,'' and substituting the following words and paragraphs: ''a person- (a) to whom or in respect of whom a supporting parent's benefit under the Social Security Act 1947 is being paid; or (b) who is in receipt of a rehabilitation allowance under that Act and was, immediately before the person became eligible to receive that allowance, eligible to receive such a benefit,''; (e) by omitting paragraph (7) (c) and substituting the following paragraph: ''(c) in a case where the other person is an eligible pensioner- (i) unless sub-paragraph (ii) applies-the pension that is being paid to or in respect of the other person was granted pursuant to a claim lodged before the prescribed date; or (ii) if the pension that is being paid to or in respect of the other person is a rehabilitation allowance under the Social Security Act 1947 and, immediately before the person became eligible to receive that allowance, the person was eligible to receive another pension-that other pension was granted pursuant to a claim lodged before the prescribed date; or''; (f) by omitting from sub-section (9) all the words after ''pensioner,'' (third occurring); and (g) by omitting from paragraph (10) (a) ''or a sickness benefit'' and substituting '', a sickness benefit or a rehabilitation allowance''. (4) The amendments made by sub-section (1) apply in relation to a person,
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and to a person who is a dependant of the first-mentioned person, on and after 1 November 1982, if that day is a day on which an instalment of sickness benefit or training allowance under the Social Security Act 1947 in respect of the first-mentioned person falls due, or if it is not, on and after the first day on which an instalment of such sickness benefit or training allowance falls due after 1 November 1982. Health Legislation Amendment Act (No. 2) 1982 No. 112 of 1982 - SECT. 5.
5. (1) After section 4B of the Principal Act the following section is inserted: Disadvantaged persons, being certain former recipients of invalid pension and sheltered employment allowance ''4C. (1) This section applies to a person to whom or in respect of whom- (a) there is being paid an invalid pension or sheltered employment allowance under the Social Security Act 1947; or (b) such a pension or allowance would be payable if the person were not a person in receipt of a training allowance under section 135D of the Social Security Act 1947. ''(2) Where a person to whom this section applies- (a) undertakes paid employment (other than sheltered employment within the meaning of Part VIIA of the Social Security Act 1947); and (b) by reason only of an increase in the income (if any) of the person, being an increase attributable to his undertaking that employment- (i) in the case of a person to whom paragraph (1) (a) applies-ceases to be a person to whom that paragraph applies; or (ii) in the case of a person to whom paragraph (1) (b) applies-would, if he had been a person to whom paragraph (1) (a) had applied, have ceased to be a person to whom paragraph (1) (a) applied, the person shall be a disadvantaged person in respect of the period of 12 months commencing on the day on which he ceases to be a person to whom paragraph (1) (a) applies or the day on which he would have ceased to be a person to whom paragraph (1) (a) applied, as the case requires.''.