COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT 1990 No. 106, 1990
COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT 1990 No. 106 of 1990 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART 1 - PRELIMINARY Section 1. Short title 2. Commencement PART 2 - AMENDMENTS OF THE CHILD CARE ACT 1972 3. Principal Act 4. Interpretation 5. Insertion of new sections: 4A. Child care centres 4B. Eligible child care centres 4C. Guidelines for eligible child care centres 6. Grants for recurrent expenditure 7. Grants in relation to establishment of new eligible child care centres 8. Grants for fee relief 9. Conditions relating to grants 10. Repeal of section 20A and insertion of new section: 20A. Agreements may be entered into with transferees of land etc. 11. Consequential and minor amendments PART 3 - AMENDMENTS OF THE HEALTH INSURANCE ACT 1973 12. Principal Act 13. Declaration not to be made in respect of dependant 14. Entitlement to medicare benefit 15. Insertion of new section: 10A. Indexation 16. Medicare benefits in relation to pathology services 17. Repeal of sections 21 and 22 18. Officers to observe secrecy PART 4 - AMENDMENTS OF THE NATIONAL HEALTH ACT 1953 19. Principal Act 20. Interpretation 21. Concessional benefit prescriptions and entitlement card prescriptions 22. Eligibility for pharmaceutical benefits entitlement cards 23. Issue of pharmaceutical benefits entitlement card 24. Limited charges for pharmaceutical benefits 25. Approved pharmacists 26. Approvals to be subject to conditions 27. Payment for supply of benefits 28. Interpretation 29. Insertion of new Divisions: Division 4B - Pharmacy Restructuring Authority 99H. Interpretation 99J. Establishment of Authority 99K. Functions 99L. Determination of guidelines by Minister 99M. Powers 99N. Membership 99P. Terms and conditions not provided for by this Act 99Q. Defective appointment not invalid 99R. Remuneration and allowances 99S. Leave of absence 99T. Disclosure of interests 99U. Resignation 99V. Termination of appointment 99W. Meetings 99X. Committees 99Y. Cessation of operation Division 4C - Financial assistance for restructuring of pharmacy industry 99Z. Interpretation 99ZA. Essential pharmacy allowance 99ZB. Amalgamation agreement 99ZC. Financial assistance - amalgamation of pharmacies 99ZD. Financial assistance - closure of pharmacies 99ZE. Time limit for making applications 99ZF. Appropriation 99ZG. Cessation of operation 30. Application for review by Tribunal 31. Officers to observe secrecy SCHEDULE CONSEQUENTIAL AND MINOR AMENDMENTS OF THE CHILD CARE ACT 1972 COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT 1990 No. 106 of 1990 - LONG TITLE
An Act to amend various Acts relating to matters dealt with by the Department of Community Services and Health, and for related purposes
Back to Top
COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT 1990 No. 106 of 1990 - PART 1 PART 1 - PRELIMINARY
COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT 1990 No. 106 of 1990 - SECT 1 Short title
(Assented to 18 December 1990) 1. This Act may be cited as the Community Services and Health Legislation Amendment Act 1990. Commencement: Day of Royal Assent Minister's second reading speech made in- House of Representatives on 20 September 1990 Senate on 10 October 1990 COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT 1990 No. 106 of 1990 - SECT 2 Commencement
2. Each provision of this Act commences, or is taken to have commenced, on the day, or at the time, shown by the note in italics at the foot of that provision. Commencement: Day of Royal Assent COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT 1990 No. 106 of 1990 - PART 2 PART 2 - AMENDMENTS OF THE CHILD CARE ACT 1972
COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT 1990 No. 106 of 1990 - SECT 3 Principal Act
3. In this Part, "Principal Act" means the Child Care Act 1972.*1* Commencement: Day of Royal Assent *1* No. 121, 1972, as amended. For previous amendments, see No. 216, 1973; No. 91, 1976; No. 63, 1984; Nos. 95 and 158, 1985; and No. 155, 1988. COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT 1990 No. 106 of 1990 - SECT 4 Interpretation
4. Section 4 of the Principal Act is amended: (a) by omitting the definition of "child care centre" and substituting the following definition: " `child care centre' has the meaning given by section 4A;"; (b) by omitting the definitions of "eligible organization", "local governing body", "organization" and "pre-school aged child"; (c) by inserting the following definitions: " `body' includes an association and society; `building' includes a part of a building and an addition to a building and, in Part VI, includes any other improvement on land; `eligible child care centre' has the meaning given by section 4B; `operator', in relation to an eligible child care centre, means the person or body operating, or proposing to operate, the centre; `place' includes a proposed place; `quarter' means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October in any year.". Commencement: 1 January 1991 COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT 1990 No. 106 of 1990 - SECT 5
5. After section 4 of the Principal Act the following sections are inserted in Part I: Child care centres "4A. (1) Subject to subsection (2), a child care centre is a place: (a) that provides, or proposes to provide, child care for children: (i) all of whom are residing in their own homes; and (ii) all or the majority of whom are of pre-school age; and (iii) all or the majority of whom attend the place on a regular basis; and (b) in relation to which either of the following subparagraphs applies: (i) the place provides, or proposes to provide, that child care: (A) for not less than 8 hours on each normal working day; and (B) on all normal working days in not less than 48 weeks in the year; (ii) the place is a place that the Minister determines should be treated as a child care centre for the purposes of this Act. "(2) For the purposes of Part IVA, a place is a child care centre whether or not all or the majority of the children for whom child care is provided at the place attend the place on a regular basis. Eligible child care centres "4B. (1) For the purposes of this Act (other than section 12A), a child care centre is an eligible child care centre if: (a) the centre is operated, or proposed to be operated, by: (i) a body corporate, other than: (A) a body corporate that is carried on for the purpose of profit or gain; or (B) a Commonwealth, State or Territory authority; or (ii) the Australian Capital Territory; or (iii) a local governing body established by or under State or Territory law; or
Back to Top
(iv) the trustees of a trust established for charitable or benevolent purposes; or (v) the trustees of a trust established by a person or body mentioned in subparagraph (i), (ii), (iii) or (iv); or (vi) an unincorporated body (other than an unincorporated body that is carried on for the purpose of profit or gain) approved by the Minister for the purposes of this subparagraph; and (b) the Minister determines that the centre is an eligible child care centre for the purposes of this Act (other than section 12A). "(2) For the purposes of section 12A, a child care centre is an eligible child care centre if the Minister determines that the centre is an eligible child care centre for the purposes of that section. Guidelines for eligible child care centres "4C. (1) The Minister may make guidelines, not inconsistent with this Act, with respect to the exercise of any of the Minister's powers under section 4B. "(2) A guideline is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.". Commencement: 1 January 1991 COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT 1990 No. 106 of 1990 - SECT 6 Grants for recurrent expenditure
6. Section 11 of the Principal Act is amended by omitting subsections (1) and (2) and substituting the following subsection: "(1) The Minister may, on behalf of the Commonwealth, approve the making of grants to the operator of an eligible child care centre to assist the operator to meet the operating expenses of the centre in respect of each quarter while the approval is in force.". Commencement: 1 January 1991 COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT 1990 No. 106 of 1990 - SECT 7 Grants in relation to establishment of new eligible child care centres
7. Section 12 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection: "(1) Where, at any time during the 6 weeks immediately before an eligible child care centre first begins to provide child care, a person is employed by the operator of the centre to establish it, the Minister may, on behalf of the Commonwealth, approve the making of a grant to the operator of an amount not exceeding the amount of the salary or wages paid to the person in respect of that period by the operator.". Commencement: 1 January 1991 COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT 1990 No. 106 of 1990 - SECT 8 Grants for fee relief
8. (1) Section 12A of the Principal Act is amended: (a) by omitting from subparagraph (1) (a) (i) "a child care centre operated by an eligible organization" and substituting "an eligible child care centre"; (b) by omitting from subparagraph (1) (a) (ii) "an eligible organization in respect of a child care centre" and substituting "the operator of an eligible child care centre"; (c) by omitting subsection (2) and substituting the following subsections: "(2) Where the operator of an eligible child care centre provides child care for a child who is identified as a child in economic need, the Minister may, on behalf of the Commonwealth, approve the making of a grant to the operator to enable the operator to allow fee relief for the child in relation to a particular period. "(3) A guideline is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.". (2) A guideline in force under subsection 12A (1) of the Principal Act immediately before the commencement of this section has effect, after that commencement, as if: (a) a reference to a child care centre operated by an eligible organization were a reference to an eligible child care centre; and (b) a reference to an eligible organization were a reference to the operator of the eligible child care centre concerned. Commencement: 1 January 1991 COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT 1990 No. 106 of 1990 - SECT 9 Conditions relating to grants
9. Section 20 of the Principal Act is amended: (a) by omitting from subsection (2) "and to give security for the carrying out of the agreement"; (b) by omitting subsections (3) and (4) and substituting the following subsection: "(3) An agreement may include provision for: (a) the repayment of the whole or a part of a grant; and (b) the giving of security for: (i) the repayment of the whole or a part of a grant; or (ii) the payment to the Commonwealth of the amount that under the terms and
Back to Top
conditions is taken to represent the Commonwealth's interest in: (A) land purchased (with or without buildings); and (B) buildings constructed or altered; and (C) equipment acquired, altered, added to or installed; as a result of the application of a grant or a grant and other money (whether or not that amount is more than the amount of the grant); and (c) the use and disposal of, and the recovery of, the amount that under the terms and conditions is taken to represent the Commonwealth's interest in: (i) land purchased (with or without buildings); and (ii) buildings constructed or altered; and (iii) equipment acquired, altered, added to or installed; as a result of the application of a grant or a grant and other money (whether or not that amount is more than the amount of the grant).". Commencement: 1 January 1991 COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT 1990 No. 106 of 1990 - SECT 10
10. Section 20A of the Principal Act is repealed and the following section is substituted: Agreements may be entered into with transferees of land etc. "20A. (1) If: (a) either of the following subparagraphs applies: (i) a grant under Part II has been made to the operator of an eligible child care centre on terms and conditions with respect to any land, building or equipment; (ii) the operator of an eligible child care centre has entered into an agreement under this section under which it is required to comply with terms and conditions with respect to any land, building or equipment; and (b) the operator has transferred, or proposes to transfer, the whole or a part of its interest in the land, building or equipment to another person or body; the Minister may enter into an agreement with the other person or body under which the other person or body is required to comply, or will, on the transfer being effected, be required to comply, with terms and conditions (whether with respect to the land, building, equipment or otherwise). "(2) Where an agreement under subsection (1) between the Minister and a person or body is in force, the Minister may vary the agreement with the consent of the person or body.". Commencement: 1 January 1991 COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT 1990 No. 106 of 1990 - SECT 11 Consequential and minor amendments