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National Health Act 1976

  • - C2004A01432
  • No longer in force
Act No. 1 of 1976 as made
An Act to amend the National Health Act 1953-1975
Administered by: Health
Date of Assent 29 Feb 1976
Date of repeal 25 Mar 2015
Repealed by Amending Acts 1970 to 1979 Repeal Act 2015
 

NATIONAL HEALTH ACT 1976 No. 1, 1976

NATIONAL HEALTH ACT 1976 No. 1, 1976 - SECT. 1.
Short title.

NATIONAL HEALTH ACT 1976
No. 1 of 1976

An Act to amend the National Health Act 1953-1975.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:-
Short title and citation.
1. (1) This Act may be cited as the National Health Act 1976.*1*

(2) The National Health Act 1953-1975*2* is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the National Health Act 1953-1976.

NATIONAL HEALTH ACT 1976 No. 1, 1976 - SECT. 2.
Commencement.

2. (1) Sections 1, 2, 4 and 7 shall come into operation on the day on which this Act receives the Royal Assent.*1*

(2) The remaining provisions of this Act shall come into operation on 1 March 1976.

NATIONAL HEALTH ACT 1976 No. 1, 1976 - SECT. 3.
Interpretation.

3. Section 13 of the Principal Act is amended by omitting sub-section (3).

NATIONAL HEALTH ACT 1976 No. 1, 1976 - SECT. 4.

4. After section 13 of the Principal Act the following section is inserted:-
Commonwealth benefit to cease to be payable.
''13AA. Notwithstanding any other provision of this Part, Commonwealth benefit is not, and shall be deemed never to have been, payable in respect of-

(a) a professional service in respect of which medical expenses were incurred on or after 1 July 1975; or

(b) a medical service rendered outside Australia on or after 1 July 1975.''.

NATIONAL HEALTH ACT 1976 No. 1, 1976 - SECT. 5.
Entitlement to Commonwealth benefit.

5. Section 14 of the Principal Act is amended by omitting sub-section (3).

NATIONAL HEALTH ACT 1976 No. 1, 1976 - SECT. 6.
Interpretation.

6. Section 38 of the Principal Act is amended by omitting sub-section (3).

NATIONAL HEALTH ACT 1976 No. 1, 1976 - SECT. 7.

7. After section 38 of the Principal Act the following section is inserted:-
Commonwealth benefit, &c., to cease to be payable.
''38A. Notwithstanding any other provision of this Part-

(a) no Commonwealth benefit is payable in respect of hospital treatment received by a qualified hospital patient in Australia on or after 1 April 1976; and

(b) no hospital benefit is payable in respect of hospital treatment received by a patient in a hospital outside Australia on or after 1 April 1976.''.

NATIONAL HEALTH ACT 1976 No. 1, 1976 - SECT. 8.
Commonwealth benefit payable in respect of contributors.

8. Section 46 of the Principal Act is amended by omitting sub-section (3).

NATIONAL HEALTH ACT 1976 No. 1, 1976 - SECT. 9.
Conditions to which registrations are to be deemed to be subject.

9. Section 73B of the Principal Act is amended by omitting paragraph (a).

NATIONAL HEALTH ACT 1976 No. 1, 1976 - SECT. 10.
Contributors at concessional rates.

10. Section 82F of the Principal Act is amended by omitting sub-section (2).

NATIONAL HEALTH ACT 1976 No. 1, 1976 - SECT. 11.
Repeal of Division 3 of Part VI.

11. Division 3 of Part VI of the Principal Act is repealed.

NATIONAL HEALTH ACT 1976 No. 1, 1976 - SECT. 12.
Interpretation.

12. Section 84 of the Principal Act is amended-

(a) by omitting from sub-section (1) the definition of ''dependant'';

(b) by inserting in sub-section (1), after the definition of ''pharmaceutical benefit'', the following definition:-

'' 'prescribed maximum amount', in relation to a prescription (other than a prescription that is marked, in accordance with the regulations, as a prescription in respect of a pensioner), means an amount of $2;'';

(c) by omitting from sub-section (1) the definition of ''the appropriate maximum amount''; and

(d) by omitting sub-section (1AA).

NATIONAL HEALTH ACT 1976 No. 1, 1976 - SECT. 13.
Limited charges for pharmaceutical benefits.

13. Section 87 of the Principal Act is amended-

(a) by omitting from sub-section (2) the word ''appropriate'' and substituting the word ''prescribed''; and

(b) by omitting from sub-section (3) the word ''appropriate'' (wherever occurring) and substituting the word ''prescribed''.

NATIONAL HEALTH ACT 1976 No. 1, 1976 - SECT. 14.
Payment for supply of benefits.

14. Section 99 of the Principal Act is amended by omitting from sub-section (2A) the word ''appropriate'' (wherever occurring) and substituting the word ''prescribed''.

NATIONAL HEALTH ACT 1976 No. 1, 1976 - SECT. 15.
Moneys from which payments under this Act are to be made.

15. Section 137 of the Principal Act is amended by omitting sub-section (3).

NATIONAL HEALTH ACT 1976 No. 1, 1976 - SECT. 16.
Application of amendments made by sections 12, 13 and 14.

16. The amendments made by sections 12, 13 and 14 apply in relation to the supply of a pharmaceutical benefit on or after 1 March 1976.
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NATIONAL HEALTH ACT 1976 No. 1, 1976 - NOTES


NOTES
1. Act No. 1, 1976; assented to 29 February 1976.
2. Act No. 95, 1953, as amended by No. 68, 1955; Nos. 55 and 95, 1956; No. 92, 1957; No. 68, 1958; No. 72, 1959; No. 16, 1961; No. 82, 1962; No. 77, 1963; No. 37, 1964; Nos. 100 and 146, 1965; No. 44, 1966; Nos. 14 and 100, 1967; No. 100, 1968; No. 102, 1969; No. 41, 1970; No. 85, 1971; No. 114, 1972; Nos. 49 and 202, 1973; No. 37, 1974; and Nos. 1, 13 and 93, 1975.