Federal Register of Legislation - Australian Government

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Act No. 132 of 1995 as made
An Act to make certain amendments relating to the Health and Other Services (Compensation) Act 1995
Date of Assent 14 Nov 1995
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

HEALTH AND OTHER SERVICES (COMPENSATION) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 132, 1995

Making Information
- Assented to 14 November 1995

HEALTH AND OTHER SERVICES (COMPENSATION) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 132 of 1995 - LONG TITLE

An Act to make certain amendments relating to the Health
and Other Services (Compensation) Act 1995

HEALTH AND OTHER SERVICES (COMPENSATION) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 132 of 1995 - SECT 1
Short title

1. This Act may be cited as the Health and Other Services (Compensation) (Consequential Amendments) Act 1995.


(Minister's second reading speech made in-
House of Representatives on 9 December 1994
Senate on 1 February 1995)

HEALTH AND OTHER SERVICES (COMPENSATION) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 132 of 1995 - SECT 2
Commencement

2. This Act commences on the day on which the Health and Other Services (Compensation) Act 1995 commences.

HEALTH AND OTHER SERVICES (COMPENSATION) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 132 of 1995 - SECT 3
Amendments of Acts

3. The Acts referred to in the Schedule are amended as set out in the Schedule.

HEALTH AND OTHER SERVICES (COMPENSATION) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 132 of 1995 - SCHEDULE

SCHEDULE Section 3
AMENDMENTS OF ACTS
Health Insurance Act 1973
1. Subsection 18(4):
Omit "Where", substitute "Subject to subsection (4A), where".
2. After subsection 18(4):
Insert:
"(4A) A direction under subsection (4) cannot be made on or after
the day on which the Health and Other Services (Compensation) Act 1995
commences.".
3. Subsection 130(25) (definition of "officer"):
Omit "under, or in relation to, this Act", substitute ", under or in
relation to this Act or the Health Insurance Commission Act 1973".
Health Insurance Commission Act 1973
4. After paragraph 3A(1)(b):
Insert:
"(ba) an offence against the Health and Other Services
(Compensation) Act 1995; or".
5. Paragraph 3A(1)(c):
Omit "or Part VII of the National Health Act 1953", substitute ", Part
VII of the National Health Act 1953 or the Health and Other Services
(Compensation) Act 1995".
6. Subsection 3A(2):
Omit "Divisions 2 and 3", substitute "Division 2".
7. After subsection 3A(2):
Insert:
"(2A) For the purposes of Division 3 of Part IID, a relevant offence
is:
(a) an offence against section 128A, 128B, 129, 129AA or 129AAA of
the Health Insurance Act 1973; or
(b) an offence against subsection 84L(1) or (2) or section 103 of
the National Health Act 1953; or
(c) an offence against the Health and Other Services (Compensation)
Act 1995; or
(d) an offence against section 6, 7 or 7A or paragraph 86(1)(a) of
the Crimes Act 1914 that relates to an offence referred to in
paragraph (a), (b) or (c); or
(e) an offence against subsection 29A(1) or (2), section 29B, 29C,
29D or 30, paragraph 67(b) or (e) or section 86A of the Crimes Act
1914 that is an offence relating to a claim for payment in respect of
the rendering of a professional service; or
(f) an offence against section 6, 7 or 7A of the Crimes Act 1914
that relates to an offence referred to in paragraph (e).".
8. Subsection 3A(3):
Omit "paragraph (2)(d)", substitute "paragraphs (2)(d) and (2A)(e)".
9. After section 8C:
Insert:
Administration of the Health and Other Services (Compensation) Act
1995 etc.
"8D. The functions of the Commission include administering the
Health and Other Services (Compensation) Act 1995, the Health and
Other Services (Compensation) Care Charges Act 1995 and the Health and
Other Services (Compensation) Administration Fee Act 1995.".
10. Subsection 41B(1):
(a) After "Part IIB" insert "of this Act or section 40 of the Health
and Other Services (Compensation) Act 1995".
(b) After "section 42" insert "of this Act".
National Health Act 1953
11. Subsection 59(4):
Omit "Where", substitute "Subject to subsection (4A), where".
12. After subsection 59(4):
Insert:
"(4A) A direction under subsection (4) cannot be made on or after
the day on which the Health and Other Services (Compensation) Act 1995
commences.".