National Health (Budget Measures) Amendment Act 1996

No. 79, 1996

An Act to amend the National Health Act 1953

Contents

1                Short title ...................................................................................................................... 2597

2                Commencement ......................................................................................................... 2597

3                Schedule(s) ................................................................................................................... 2598

Schedule 1—Increase in charges                                                                            2599

National Health Act 1953                                                                                                               2599

Schedule 2—Indexation of charges                                                                        2601

National Health Act 1953                                                                                                               2601

Schedule 3—Access to Pharmaceutical Benefits Scheme                                     2602

National Health Act 1953                                                                                                               2602

National Health (Budget Measures) Amendment Act 1996

No. 79, 1996

An Act to amend the National Health Act 1953

[Assented to 19 December 1996]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the National Health (Budget Measures) Amendment Act 1996.

2 Commencement

(1) Subject to subsection (2), this Act commences on 1 January 1997.

(2) Item 1 of Schedule 2 commences on 2 January 1997.

3 Schedule(s)

Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Increase in charges

National Health Act 1953

1 Paragraph 84C(4)(c)

Omit “$15.00” (wherever occurring), substitute “$20.00”.

2 Paragraph 84C(4)(d)

Omit “$2.50” (wherever occurring), substitute “$3.20”.

3 Subsection 84C(4)(note)

Omit “$15.00 and $2.50”, substitute “$20.00 and $3.20”.

4 Section 84CA

Omit “$2.50”, substitute “$3.20”.

5 Section 84CA (note)

Omit “$2.50”, substitute “$3.20”.

6 Paragraphs 87(2)(a), (b) and (c)

Omit “$2.50”, substitute “$3.20”.

7 Paragraph 87(2)(e)

Omit “$15.00”, substitute “$20.00”.

8 Subsection 87(2) (note)

Omit “$2.50”, substitute “$3.20”.

9 Subsection 87(2) (note)

Omit “$15.00”, substitute “$20.00”.

10 Paragraphs 99(2A)(a), (aa) and (b)

Omit “$15.00”, substitute “$20.00”.

11 Subsection 99(2A) (note)

Omit “$15.00”, substitute “$20.00”.

12 Paragraphs 99(2AB)(a), (b) and (c)

Omit “$2.50”, substitute “$3.20”.

13 Subsection 99(2AB) (note)

Omit “$2.50”, substitute “$3.20”.

14 Paragraphs 99(2B)(a), (b) and (c)

Omit “$2.50”, substitute “$3.20".

15 Subsection 99(2B) (note)

Omit “$2.50”, substitute “$3.20”.

16 Section 99F (definition of concessional beneficiary charge)

Omit “$2.50”, substitute “$3.20”.

17 Section 99F (definition of general patient charge)

Omit “$15.00”, substitute “$20.00”.

18 Section 99F (definition of general patient reduced charge)

Omit “$2.50”, substitute “$3.20”.

Schedule 2—Indexation of charges

National Health Act 1953

1 Subsection 99G(1)

Omit “down to the nearest multiple of 10 cents”, substitute “to the nearest multiple of 10 cents. However, if the amount is not a multiple of 10 cents but it is a multiple of 5 cents, the amount is to be increased by 5 cents”.

2 Subsection 99G(1) (table item 1)

Omit “1 August", substitute “l January”.

3 Subsection 99G(1) (table item 1)

Omit “March”, substitute “September".

4 After subsection 99G(1A)

Insert:

(1B) The general patient charge, the general patient reduced charge and the concessional beneficiary charge are not to be indexed in 1997.

5 Subsection 99G(2) (note)

Omit “Department of Health, Housing, Local Government and Community Services”, substitute “Department of Health and Family Services”.

6 After subsection 99G(3A)

Insert:

(3B) For the purposes of the definition of Current figure in subsection, the general patient charge, the general patient reduced charge and the concessional beneficiary charge are taken not to have been indexed on or before 1 January 1997.

Schedule 3—Access to Pharmaceutical Benefits Scheme

National Health Act 1953

1 Subsection 4(1) (definition of dependant (second occurring))

After “means”, insert “a person who is both an eligible person within the meaning of the Health Insurance Act 1973 and".

2 Subsection 84(1) (definition of concessional beneficiary)

After “means", insert “a person who is both an eligible person within the meaning of the Health Insurance Act 1973 and”.

3 Subsection 84(1) (definition of general patient)

After “person”, insert “who is an eligible person within the meaning of the Health Insurance Act 1973, but”.

4 Subsection 84(4)

After “is” (first occurring), insert “a person who is both an eligible person within the meaning of the Health Insurance Act 1973 and".

5 Subsection 84(5)

Repeal the subsection, substitute:

(5) A dependant, in relation to a person to whom paragraph (c) of the definition of concessional beneficiary applies, is a person who is:

(a) within the meaning of the Health Insurance Act 1973, a dependent of that person; and

(b) an eligible person within the meaning of that Act.

6 At the end of paragraphs 87(3A)(ba) and (c)

Add “or”.

7 After paragraph 87(3A)(e)

Insert:

; or (f) a general patient;

8 At the end of paragraphs 87(3B)(ba) and (c)

Add “or”.

9 After paragraph 87(3B)(e)

Insert:

; or (f) a general patient;

10 After subsection 87A(1)

Insert:

(2) A person is entitled to be paid by the Commonwealth an amount equal to the difference between the amount payable for the supply of a pharmaceutical benefit on terms that are appropriate for the supply of the benefit to a general patient and an amount equal to the Commonwealth price for the supply of the benefit if:

(a) an approved supplier did not supply the benefit to the person on those terms because the supplier was not satisfied that the person was entitled to receive the benefit on those terms; and

(b) the Secretary is satisfied that the person was entitled at the time to receive the benefit on those terms.

[Minister’s second reading speech made in—

House of Representatives on 9 October 1996

Senate on 31 October 1996]