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National Health Act 1953
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Administered by
Department of Health, Disability and Ageing
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C2006C00013
20 December 2005
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31 December 2005
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Volume 1
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Part I—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
4 Interpretation
4AA Recognised days of absence of qualified nursing home patients etc.
5A Applicable benefits arrangement
5AB Changes in the instruments of a registered organization relating to rates of contribution
5B Declarations in relation to day hospital facilities
5C Extension of this Act and the Health Insurance Act 1973 in relation to outreach services
5D Minister may specify outreach services
5E Review of extension of this Act and the Health Insurance Act 1973 in relation to outreach services
5F Hospital treatment includes prostheses
5G Hospital treatments by accredited podiatrists (podiatric surgeons)
6 Delegation
6A External Territories
7 Application of provisions of Corporations Act—general matters
7A Application of the Criminal Code
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Part II—National health services
8 Interpretation
9 Provision of certain medical and dental services
9A Provision of medical and surgical aids and appliances etc. by the Commonwealth
9B Provision of vaccines
9C Arrangements with States for provision of surgical aids and appliances etc.
10 Arrangements with other Ministers
11 Arrangements with States
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Part V—Approved nursing homes
39 Interpretation
40AA Government nursing homes
40AB Approval of admission to approved nursing home
40AC Declaration that patient not in need of nursing home care
40AE Request for review of decisions
40AEA Request for review may be withdrawn
40AEB Refund of lodgment fee
40AEC Referral of request to Nursing Homes Fees Review Committee of Inquiry
40AED Examination of matter by Committee
40AEE Committee Processing Fee
40AEF Ministerial review of decisions
40AEG Refund of Committee processing fee etc.
40AEH Effect of change of proprietor on request for review
40AF Patients requiring extensive care
40AFK Proprietor to be given notice of classification of classified patient admitted to nursing home
40AG Standard fee for non-classified patients
40AGA Standard fee for classified patients
40AH Standard infrastructure allowance and special infrastructure allowance
40AI Additional patient contribution
41 Certificate of approval
42 Inspection of, and of records of, approved nursing homes
43 Certain person to give notice on death of proprietor
43A Furnishing of audited accounts by proprietors of certain approved nursing homes
44 Variation or revocation of approval
45 Automatic revocation of approval as nursing home for disabled people
45A Revocation or extension of suspension
45B Effect of suspension of approval of nursing home
45D Standards for nursing home care
45DA Statements may be published about satisfaction of standards for nursing home care
45DB General information about approved nursing homes may be made available to the public
45DC Information about Ministerial action and other information about approved nursing homes may be made available to the public
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Part VA—Commonwealth benefits in respect of nursing home care
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Division 1—Preliminary
46 Interpretation
46A Approved nursing home patients
46AB Benefit payable for up to 2 days prior to admission
46B Meaning of overpayment
46C Secretary to determine accounting period in respect of certain approved nursing homes
46D Setting of notional fees
46E Secretary may pay or recover advances of general care benefit before notional scale of fees is set
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Division 2—Types of benefit payable
47 Basic benefit for Government nursing homes and nursing homes for disabled people
47A Benefits for patients in other approved nursing homes
48A Benefit for nursing home care in transferred homes and adjusted fee government nursing homes
48AB When general care benefit becomes payable
48B Top-up benefit
48C Isolated nursing home benefit
48D Benefit in respect of patients receiving nasogastric feeding
48E Benefit in respect of patients receiving oxygen
49 Extensive care benefit
49AA Respite Care
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Division 3—Miscellaneous
49A Commonwealth benefit not payable if approval of nursing home suspended
49B Payment of Commonwealth benefit to patient
50 Payment of Commonwealth benefit and nursing home fund benefit in respect of same patient for same period
51 Claims for benefit
51A Advances of benefit
51B Treatment of money overpaid or underpaid by way of an advance
51C Recovery of overpayments
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Part VAB—Commonwealth benefit in respect of newly built nursing homes
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Division 1—Preliminary
52 Interpretation
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Division 2—Approval-in-principle of an approval of a grant in respect of a newly built nursing home
52D Minister may revoke an AIP at any time before an approval of grant is given
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Division 3—Approval of grant of Commonwealth benefit in respect of a newly built nursing home
53 Application for Commonwealth benefit
54 Principles applicable for grant of Commonwealth benefit
55 Approval of grant
56 Entitlement to benefit
57 Appropriation
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Part VAC—Commonwealth benefit in respect of upgraded nursing homes
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Division 1—Preliminary
58 Interpretation
58A Principles applicable to determining eligible nursing homes
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Division 2—Approval-in-principle of a grant in respect of an upgraded nursing home
58CB Minister may revoke an approval-in-principle at any time before an approval of grant is given
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Division 3—Approval of grant of Commonwealth benefit in respect of upgraded nursing homes
58CC Application for Commonwealth benefit
58CD Principles applicable for grant of Commonwealth benefit
58CE Approval of grant
58CF Entitlement to benefit
58CG Appropriation
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Part VC—Administration of Parts V, VA, VAB and VD
58K Interpretation
59 Commonwealth benefit not payable where compensation etc. is payable to patient
60B Information to be furnished by proprietor of approved nursing home
61 Records to be kept by proprietors of approved nursing homes
61AA Records to be kept by former proprietors for 12 months
61A Books and records to be kept at nominated place
61B Power to require persons to answer questions and produce documents
61C Power to examine on oath etc.
61D Entry on premises and inspection of books etc.
61E Offences
62 Offences
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Part VD—Requirements in respect of sale of approved nursing homes
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Division 1—Preliminary
63 Object of Part
64 Application and operation of Part
65 Interpretation
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Division 2—Requirements on sale of approved nursing home
65A Vendor must give notice of sale of an approved nursing home
65B Purchaser to give notice of prospective purchase of approved nursing home
65C Investigation of accounts etc. of approved nursing homes
65D Secretary may also determine certain matters
65E Parties to a contract of sale to be informed of results of investigation etc.
65F Proprietor gives less than 90 days notice on settlement of contract of sale or settles in less than 90 days
65G If no notice of sale given or vendor sells before notified date
65GAA Effect on investigation periods of commencement of the Aged Care Act 1997
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Division 2A—Nursing home charge
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Subdivision 1—Assessment
65GA Notice of fee-reducing benefit
65GB Liability to pay nursing home charge
65GC Amount of nursing home charge
65GD Notice of liability to pay nursing home charge
65GE Assessment
65GF Amendment of assessments
65GG Refund of overpaid amounts
65GH Amended assessment to be an assessment
65GI Objections
65GJ Validity of assessment
65GK Evidentiary effect of notice of assessment etc.
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Subdivision 2—Collection and recovery
65GL Secretary may extend time for payment
65GM Penalty for late payment
65GN Recovery of unpaid nursing home charge
65GO Recovery of nursing home charge from persons with joint liability
65GP Recovery of nursing home charge from trustee of deceased chargepayer
65GQ Recovery of nursing home charge from unadministered deceased estate
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Subdivision 3—Advance payments
65GR Overview of Subdivision
65GS If paragraph 65C(1)(c) investigation done—direction to purchaser to pay amount to the Commonwealth
65GT If paragraph 65F(1)(c) investigation has been ordered—vendor’s and purchaser’s liability to pay advance
65GU Treatment of money paid in advance under section 65GT
65GV Directions to be in writing
65GW Scale of fees may take account of unpaid nursing home charge
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Division 3—Payment of certain moneys to the Commonwealth
65H If paragraphs 65C(1)(c) and (d) investigations done—direction to purchaser to pay amount to the Commonwealth
65J If amount determined under paragraph 65F(1)(e)—direction to purchaser to pay amount to the Commonwealth
65K Certain moneys to be paid by proprietor of nursing home to the Commonwealth on or before sale of nursing home
65L Money paid in settlement of an overpayment outstanding—how to deal with it
65M Treatment of amount paid in respect of overpayment outstanding to which subsection 65K(2) applies
65N Treatment of amount paid in respect of overpayment outstanding to which subsection 65K(3) applies
65P Treatment of amount paid in respect of overpayment outstanding to which subsection 65K(4) applies
65Q Treatment of amount paid in respect of overpayment outstanding to which subsection 65K(5) applies
65R Treatment of amount paid in respect of overpayment outstanding to which subsection 65K(6) applies—Step 1: first investigation amount
65S Treatment of amount paid in respect of overpayment outstanding to which subsection 65K(6) applies—Step 2: second investigation amount
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Division 4—Miscellaneous
65SA Interest payable on repayments to vendors made under Division 3
65SB Interest payable on repayments to vendors made under Division 2A
65T Time when principles take effect
65U Parties to a contract of sale to be informed of certain matters after sale
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Part VI—Health benefits organizations
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Division 1—General
66 Interpretation
67 Health insurance business to be carried on only by registered organisations
67A Injunctions for contravention of section 67
67B Conduct of health insurance business
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Division 2—Registration
68 Application for registration as health benefits organization
69 Lodgment of application and giving of information by applicant organisations
70 Registration Committee
71 Application to be referred to Committee
72 Report of the Committee
72A Matters to be taken into account by Committee and by Council
73 Registration and permission to carry on business as registered health benefits organisation
73AA Unincorporated registered organizations must become incorporated
73AAB Registered organization to maintain eligibility status
73AAC Certain duties of registered organization regarding assets of its health benefits fund
73AAD Payments from health benefits fund
73AAE Restrictions on certain financial transactions by registered organizations
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Division 3—Conditions of registration
73AAF Registration is subject to conditions in this Division and in Schedule 1
73AAG Matters ancillary to particular conditions in Schedule 1
73AAH General condition concerning community rating
73AAI Community rating condition concerning admission of persons as contributors and cancellations of membership
73AAJ Community rating condition concerning quantum and payment of benefits
73AAK Limited exception from community rating for restricted membership organizations
73AAL Discrimination on basis of place of residence
73A Condition concerning entry into, and records relating to, refund agreements
73AB Condition concerning provision of information required under Hospital Casemix Protocol
73ABB Registered health benefits organization to comply with requirements of health insurance incentives legislation
73ABBA Registered health benefits organization to pay Reinsurance Trust Fund levy and late payment penalty
73ABC Registered organization to make agreements under Division 4 available to public
73ABD Further conditions and revocation or variation of conditions—Council’s powers
73B Further conditions and revocation or variation of conditions—Minister’s powers
73BAAA Lifetime Health Cover
73BAA Waiver of waiting periods
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Division 3AA—Health Benefits Reinsurance Trust Fund
73BB Determinations in relation to records to be maintained to assist Council in respect of Health Benefits Reinsurance Trust Fund
73BC Health Benefits Reinsurance Trust Fund
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Division 3A—The solvency standard for registered organizations
73BCA Purpose of Division
73BCB Council to establish solvency standards
73BCC Purpose of solvency standard
73BCD Registered organizations to comply with solvency standards
73BCE Council may give solvency directions
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Division 3B—The capital adequacy standard for registered organizations
73BCF Purpose of Division
73BCG Council to establish capital adequacy standard
73BCH Purpose of capital adequacy standard
73BCI Registered organization to comply with capital adequacy standard
73BCJ Council may give capital adequacy directions
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Division 4—Purchaser-provider agreements
73BD Hospital purchaser-provider agreements
73BDAAA Prosthesis payments under hospital purchaser-provider agreements
73BDAA Extension of hospital purchaser-provider agreements to cover rendering of some professional services
73BDA Medical purchaser-provider agreements
73BDB Certain documents not liable to duty etc.
73BDC Application of the Trade Practices Act 1974
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Division 4A—Gap cover schemes
73BDDA Purpose of gap cover schemes
73BDD Registered organizations may apply to Minister for approval of gap cover schemes
73BDE Review and revocation of gap cover schemes
73BDEA Regulations
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Division 5—Enforcement and remedies
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Subdivision A—Performance indicators and preliminary explanations
73BEA Performance indicators
73BEB Minister may require registered organizations to explain their operations
73BEC Consequences of a failure to provide a satisfactory explanation
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Subdivision B—Investigations
73BED Minister may conduct investigation
73BEE Offences relating to requirements under section 73BED
73BEF Minister may consult Council
73BEG Consequences of investigation
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Subdivision C—Enforceable undertakings
73BEH The Minister may accept written undertakings given by a registered organization
73BEI Enforcement of undertakings
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Subdivision D—Ministerial directions
73BEJ Directions given by Minister to registered organizations
73BEK Direction requirements
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Subdivision E—Removal of entitlement to offer rebate as a premium reduction
73BEL Minister may revoke registered organization’s status as participating fund
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Subdivision F—Court imposed sanctions
73BEM Minister may apply to the Court for orders redressing breach of Act or imposing pecuniary penalties
73BEN Imposition and enforcement of orders by the Court
73BEO Restrictions relating to payment of pecuniary penalties
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Subdivision G—Miscellaneous
73BEP Jurisdiction
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Division 5A—Removal of hospitals etc. from non-contracted benefits
73E Definitions
73EA Determinations relating to non-contracted benefits in respect of particular treatments at particular hospitals etc.
73EB Guidelines for making determinations
73EC Effect of determinations
73ED Revocation of determinations
73EE Date of effect of revocation
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Division 6—Miscellaneous
73F The Private Patients’ Hospital Charter
73G Liability for disclosure of information
74 Public officer of registered organisation
74BA Inducing contributors to transfer to other funds etc.
74C Registered organization to keep records and furnish information
74D Returns of information by registered organizations
75 Provision of services by organizations
78 Changes of rules etc. by registered organisations
79 Cancellation of registration of organisation
81 Notification of registrations etc.
82 Offences
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Part VIAA—Private Health Insurance Administration Council
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Division 1—Preliminary
82A Interpretation
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Division 2—Establishment and constitution of Council
82B Establishment
82BA Purposes of Council
82C Constitution of Council
82D Appointment of members
82F Guidelines
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Division 3—Functions and powers of Council
82G Functions
82H Powers
82J Directions by Minister
82K Examination of records, books and accounts of registered organisations
82L Registered organisation to give information to the Council annually
82M Registered organisation to comply with Council’s reporting requirements
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Division 4—Administration
82N Meetings of Council
82P Delegation by Council
82PA Report on registered organisations
82PAA Modification of the Commonwealth Authorities and Companies Act 1997
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Division 5—Offices of members
82PB Validity of appointments
82PC Acting Commissioner
82PCA Deputy Commissioner to act as Commissioner in certain circumstances
82PCB Powers and duties of persons acting as Commissioner
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Division 6—Conditions of members
82PE Remuneration and allowances of members
82PEA Leave of absence
82PF Resignation
82PG Termination of appointment
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Division 7—Chief Executive Officer and staff
82PH Chief Executive Officer
82PJ Duties of Chief Executive Officer
82PK Conflict of interests
82PL Staff and consultants
82PM Remuneration and allowances of Chief Executive Officer
82PN Leave of absence of Chief Executive Officer
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Division 8—Finance
82PO Amounts payable to Council for certain purposes
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Part VIA—Conduct and supervision of the affairs of registered organizations
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Division 1—Preliminary
82QA Outline of Part
82QB Purpose of the Part
82QC Limitation on administration and winding up of health benefits funds and registered organizations
82Q Interpretation
82QAA Special provisions relating to certain registered organizations
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Division 2—Investigations into affairs of registered organizations
82R Investigation of organization by inspector
82S Powers of inspector
82T Person may be represented by legal practitioner
82U Persons to comply with requirements of inspector
82V Access to premises
82W Report of inspector
82WA Minister and Council to inform each other about action taken
82WB Delegation by inspector
82WC Records etc. not to be concealed
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Division 3—Administration of funds and registered organizations
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Subdivision 1—Preliminary
82XA Purpose of Division
82XB The basis of the law relating to administration
82XC Definitions
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Subdivision 2—Appointment of an administrator
82XD Council may appoint administrator
82XE Qualifications for appointment as administrator
82XF Grounds of appointment of an administrator
82XG Council may give directions to administrator
82XH Remuneration of administrator
82XI Administrator to displace management of fund or registered organization
82XJ Administrator of fund may recommend whole organization be placed under administration
82XK Termination of appointment of administrator
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Subdivision 3—Duties and powers of the administrator
82XL Main duties of administrator
82XM Day-to-day duties of administrator
82XN Powers of administrator
82XO Powers of other officers of registered organization suspended
82XP Administrator taken to act as agent of organization
82XQ Additional powers of the administrator
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Subdivision 4—Information concerning, and records and property of, funds or organizations under administration
82XR Directors to help administrator
82XS Administrator’s rights to certain records
82XT Only administrator can deal with property of fund or organization under administration
82XU Order for compensation where officer involved in void transaction
82XV Effect of administration on the members of a registered organization
82XW Protection of property during administration
82XX Rights of chargee, owner or lessor of property of fund or organization under administration
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Subdivision 5—Procedure for considering whether to execute voluntary deeds of arrangement
82XY Definitions
82XZ Administrator may convene meeting and inform creditors
82XZA Conduct of the meeting
82XZB What creditors may decide
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Subdivision 6—Administrator to report to Council
82XZC Administrator to give report to Council
82XZD Dealing with the report given to the Council
82XZE Administrator to seek order of Court in respect of certain courses of action
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Subdivision 7—Execution, variation, termination and avoidance of voluntary deeds of arrangement
82XZF Execution of voluntary deeds of arrangement
82XZG Variation, termination and avoidance of voluntary deeds of arrangement
82XZH Effect of termination of voluntary deeds of arrangement
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Subdivision 8—Additional powers of the Court in relation to administration
82XZI Court may make orders to protect interests of contributors during administration
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Subdivision 9—Miscellaneous
82XZJ When an administration begins and ends
82XZK Indemnity
82XZL Effect of things done during administration of fund or registered organization
82XZM Time for doing act does not run while act prevented by this Division
82XZN Disclaimer of onerous property
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Division 4—Winding up of funds and registered organizations
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Subdivision 1—Preliminary
82YA Purpose of Division
82YB The basis of the law relating to winding up
82YC Regulations may modify provisions of this Division for certain purposes
82YD Definitions
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Subdivision 2—The circumstances in which winding up can occur
82YE When winding up of funds can occur
82YF When winding up of registered organizations can occur
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Subdivision 3—Starting the voluntary winding up of health benefits funds
82YG Resolution for the voluntary winding up of fund cannot be passed in certain circumstances
82YH Resolution for the voluntary winding up of fund
82YI Effect of appointing liquidator of fund
82YJ Duty of liquidator where fund turns out to be insolvent
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Subdivision 4—Starting the voluntary winding up of registered organizations
82YK Resolution for the voluntary winding up of organization cannot be passed in certain circumstances
82YL Resolution for the voluntary winding up of registered organization
82YM Effect of appointing liquidator of registered organization
82YN Duty of liquidator where registered organization turns out to be insolvent
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Subdivision 5—Starting the winding up of insolvent funds
82YO Application by Council to the Court for winding up a fund
82YP Application by administrator to the Court for winding up of a fund under administration
82YQ Orders made on applications for winding up
82YR Scheme for winding up of fund to be prepared by liquidator
82YS Binding nature of Court orders
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Subdivision 6—Starting the winding up of insolvent registered organizations
82YT Application by Council to the Court for winding up of a registered organization
82YU Application by administrator to the Court for winding up of a registered organization under administration
82YV Orders made on applications for winding up
82YW Scheme for winding up of a registered organization to be prepared by liquidator
82YX Binding nature of orders
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Subdivision 7—Procedural provisions relating to winding up of funds or registered organizations
82YY Notification provisions
82YZ Council may require liquidator to provide information
82YZA Liquidator of fund or registered organization to determine amounts owed to contributors
82YZB Application of the assets of funds in winding up situations
82YZC Liquidator to apportion liabilities between health insurance business and other businesses
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Subdivision 8—Miscellaneous
82YZD When winding up of registered organizations taken to have begun
82YZE Liability of officers of registered organization for loss to health benefits fund
82YZF Actions etc. to be stayed on application for winding up
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Division 5—Miscellaneous
82ZA Order of Court to be binding on all persons
82ZB Compensation for acquisition of property
82ZC Continued application of other provisions of Act
82ZD Regulations may set out modifications of this Act in relation to funds or organizations under administration or being wound up
82ZE Jurisdiction of Federal Court of Australia
82ZF Regulations dealing with various matters
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Part VIB—Merger of health benefits funds
82ZN Interpretation
82ZP Merger of funds
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Volume 2
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Part VIC—Private Health Insurance Ombudsman
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Division 1—Preliminary
82ZQ Interpretation
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Division 2—Private Health Insurance Ombudsman
82ZR Private Health Insurance Ombudsman
82ZRAA Commonwealth Authorities and Companies Act 1997 applies as though Health Insurance Ombudsman were a director
82ZRA Appointment
82ZRB Guidelines
82ZRC Functions of Health Insurance Ombudsman
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Division 3—Complaints
82ZS Who may make a complaint?
82ZSA Grounds for complaint
82ZSAA Preliminary notification of complaint and power to examine records
82ZSB Health Insurance Ombudsman may deal with complaints
82ZSBA Health Insurance Ombudsman may refer matters to the Australian Competition and Consumer Commission
82ZSC Health Insurance Ombudsman may refer matters to other bodies
82ZSD Health Insurance Ombudsman may make recommendations
82ZSDA Report to Minister on outcome of investigations under subsection 82ZSB(2)
82ZSE Health Insurance Ombudsman must keep complainant informed
82ZSG Health Insurance Ombudsman may decide not to investigate
82ZSH Minister may direct Health Insurance Ombudsman to investigate, or to continue to investigate, a complaint
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Division 4—Health Insurance Ombudsman may conduct investigations
82ZT Health Insurance Ombudsman may initiate investigations
82ZTA Minister may request Health Insurance Ombudsman to conduct investigations
82ZTB Health Insurance Ombudsman may require production of records for purposes of an investigation
82ZTBB Health Insurance Ombudsman to consult with Australian Competition and Consumer Commission
82ZTC Health Insurance Ombudsman may make recommendations to registered organizations
82ZTCA Report to the Minister on outcome of investigations under section 82ZT and 82ZTA
82ZTD Protection from civil actions
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Division 5—Provisions relating to the Health Insurance Ombudsman
82ZU Validity of appointments
82ZUA Acting appointments
82ZUB Remuneration and allowances
82ZUBA Disclosure of interest by Health Insurance Ombudsman
82ZUC Outside employment
82ZUD Leave of absence
82ZUE Resignation
82ZUF Termination of appointment
82ZUG Staff
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Division 6—Miscellaneous
82ZV Minister may issue guidelines
82ZVA Extra matters to be included in annual report
82ZVB Victimisation
82ZVC Collection of levy
82ZVD Delegation
82ZVE Health Insurance Ombudsman, and staff, not personally liable
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Part VID—Private health insurance levy
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Division 1—Introduction
83A Guide to this Part
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Division 2—Collection and recovery of private health insurance levy
83B When private health insurance levy must be paid
83C Late payment penalty
83D Payment of levy and late payment penalty
83E Recovery of levy and late payment penalty
83F Council may waive late payment penalty in respect of certain levies
83G Waiver of collapsed organization levy and late payment penalty in respect of that levy
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Division 3—Returns, requesting information and keeping records
83H Returns must be lodged with Council
83I Organization must keep records
83J Council may request information from organization
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Division 4—Power to enter premises and search for documents
83K Definitions
83L Authorised officer may enter premises with consent
83M Authorised officer may enter premises under warrant
83N Announcement before entry
83O Executing a warrant to enter premises
83P Identity cards
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Part VII—Pharmaceutical benefits
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Division 1—Preliminary
83Z Repeal and saving
84 Interpretation
84AAA Early supply of a specified pharmaceutical benefit
84AA Concessional benefit prescriptions, concession card prescriptions and entitlement card prescriptions
84A Participating dental practitioners
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Division 1A—Safety net concession cards and pharmaceutical benefits entitlement cards
84B Family relationships
84BA Supplies of out-patient medication
84C Eligibility for concession and entitlement cards
84CA Modification of amounts paid
84D Pharmaceutical benefits prescription record forms etc.
84DA Issue of safety net concession card
84E Issue of pharmaceutical benefits entitlement card
84F Form of cards
84G Persons covered by card
84H Additional and replacement cards
84HA Fee to approved pharmacist etc. for issuing card
84J Period of effect of card
84K Return of card
84L Offences
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Division 2—Supply of pharmaceutical benefits
85 Pharmaceutical benefits
85A Determinations of forms of pharmaceutical benefits with respect to classes of persons
85B Determination of special patient contribution in respect of certain drugs etc.
86 Entitlement to receive pharmaceutical benefits
86A Pharmaceutical benefits not to be supplied in respect of persons reasonably believed not to be in Australia
86B Approved supplier may request provision of medicare number
86C On and after 1 January 2001 approved supplier must request provision of medicare number in certain circumstances
86D Power of approved suppliers to record and retain medicare numbers and expiry dates
86E Minister may determine certain persons to be special evidentiary categories
87 Limited charges for pharmaceutical benefits
87A Entitlement to refund in certain circumstances
88 Prescribing of pharmaceutical benefits
88AA Power of medical practitioners and participating dental practitioners to record and retain medicare numbers and expiry dates
88A Prescription of certain pharmaceutical benefits authorised only in certain circumstances
89 Pharmaceutical benefits to be supplied only on prescription etc.
90 Approved pharmacists [see Note 1]
91 Application to supply pharmaceutical benefits following the death of approved pharmacist
92 Approved medical practitioners
92A Approvals to be subject to conditions
92B Persons not to enter into certain refund agreements
93 Supply of certain pharmaceutical benefits by medical practitioners
93A Supply of certain pharmaceutical benefits to patients in private hospitals or aged care facilities
94 Approved hospital authorities
95 Suspension or revocation of approval
98 Cancellation by Secretary of approval of pharmacists etc.
98AA Cancellation by Minister of approval of hospital
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Division 3—Payment for supply of pharmaceutical benefits
98A Establishment of Pharmaceutical Benefits Remuneration Tribunal
98B Functions of Tribunal
98BA Inquiries by Tribunal
98BAA Tribunal must give effect to certain agreements
98BB Constitution of Tribunal
98BC Procedure of Tribunal
98BD Findings etc. of Tribunal to be made public
98BE Date of operation of determination of the Tribunal
98C Determinations by Minister
98D Form, and date of operation, of determinations under section 98C
98E Secrecy
99 Payment for supply of benefits
99AAA Claim for payment relating to supply of benefits
99AAB Certain suppliers exempted from requirement to use the Claims Transmission System
99AAC Declaration by Secretary exempting approved supplier from using Claims Transmission System
99AA Unauthorised payments etc.
99AB Advances
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Division 4—Provisions relating to members of the Pharmaceutical Benefits Remuneration Tribunal
99A Terms and conditions of appointment
99B Remuneration and allowances
99C Resignation and removal from office
99D Acting Chairperson
99E Acting additional member
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Division 4A—Indexation
99F Definitions
99G Indexation
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Division 4B—Australian Community Pharmacy Authority
99H Interpretation
99J Establishment of Authority
99K Functions
99L Determination of rules 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 [see Note 1]
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Division 4D—Export restriction
99ZH Definitions
99ZI Restrictions on carriage or consignment of drug like substances
99ZJ Detention of certain drug like substances being carried out of Australia and retention of related documents
99ZK Detention of certain drug like substances consigned for export and retention of related documents
99ZL Examination and inspection powers
99ZM Customs may detain some drug like substances and not others
99ZN Customs treatment of detained substances and retained documents
99ZO Treatment by the Medicare Australia CEO of detained substances and retained documents
99ZP Right of compensation in certain circumstances for substances destroyed
99ZQ Disposal of forfeited substances
99ZR Liability for acts done in good faith
99ZS Guidelines for detention of, dealing with, and disposal of, substances
99ZT Forfeiture of substances detained under section 99ZJ or 99ZK
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Division 5—General
100 Special arrangements
100AA Special pharmaceutical products
100A Establishment and membership of the Pharmaceutical Benefits Advisory Committee
100B Appointment etc. of members of the Pharmaceutical Benefits Advisory Committee
100C Termination of appointment
100D Remuneration
101 Functions of Pharmaceutical Benefits Advisory Committee
101A Sub-committees of the Pharmaceutical Benefits Advisory Committee
102 Testing of drugs
103 Offences
104A Pharmacists to furnish statement of stocks
105 Regulations
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Part VIIA—Reviews by Administrative Appeals Tribunal
105AA Interpretation
105AAB Applications for review by Tribunal of certain decisions under Part V
105AB Application for review by Tribunal
105AC Statements to accompany notification of decisions
105AD Application for review by Tribunal of decisions of the Australian Community Pharmacy Authority
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Part VIII—Committees of Inquiry
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Division 1—Preliminary
107 Interpretation
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Division 3—Pharmaceutical Services Committees of Inquiry
113 Pharmaceutical Services Federal Committee of Inquiry
114 Functions of Federal Committee
115 Pharmaceutical Services State Committees of Inquiry
116 Functions of State Committee
117 Reports not to relate to conduct of medical practitioners or participating dental practitioners
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Division 3A—Nursing Homes Fees Review Committees of Inquiry
117A Nursing Homes Fees Review Committees of Inquiry
117B Functions of State Committees
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Division 4—Provisions applicable to Committees generally
118 Interpretation
119 Membership of Committees
119A Acting Member
120 Chairperson
120A Vacancies in Committees
121 Procedure of Committees
122 Evidence
123 Proceedings in private
124 Determination of questions at meetings
125 Medical practitioner, dental practitioner or pharmacist affected by inquiry to be given notice
126 Summoning of witnesses
127 Committee may examine upon oath or affirmation
128 Failure to attend or produce documents
129 Refusal to be sworn or give evidence
130 Protection of witnesses
131 Allowances to witnesses
132 Protection of members
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Part IX—Miscellaneous
133 Effect of prosecution for offence
133A Territories
134 Effect of suspension or cancellation of approval or authority
134A Publication of particulars of certain action taken under this Act
134B Time for commencing prosecutions
134C Defence in certain prosecutions
134D Continuing obligation to comply with Act
134E Conduct by directors, servants or agents
135 Right of Commonwealth officers to practise
135A Officers to observe secrecy
135AAA Prescribers and approved suppliers must observe secrecy in relation to medicare numbers and expiry dates provided for pharmaceutical benefit scheme purposes
135AA Privacy guidelines
135AB Breaches of the privacy guidelines
135B Prosecution of offences
136 Committees
136A Filling of vacancies on committees
137 Moneys from which payments under this Act are to be made
138 Exercise of Secretary’s powers subject to directions of Minister
138A Telephone access to offices
139 Judicial notice of signature of Secretary
139A Evidence
139B Certain instruments subject to disallowance
139C Information with respect to concessional beneficiaries
140 Regulations
Schedule 1—Conditions of registration of an organization
Schedule 2—Lifetime Health Cover
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Part 1—General rules
1 People who are late in taking out hospital cover
2 People who cease to have hospital cover after 1 July 2000
3 Meaning of permitted days without hospital cover
4 Meaning of hospital cover
5 Meaning of Schedule 2 application day
6 Loyalty bonus schemes and discounted rates of contribution are unaffected
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Part 2—Exceptions to the general rules
7 People born on or before 1 July 1934
8 Increases cannot exceed 70% of base rates
9 Joint hospital cover
10 Hardship cases
11 This Part overrides the general rules
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Part 3—Administrative matters
12 Notification to contributors etc.
13 Evidence of having had hospital cover, or of a person’s age
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Schedule 4—Nursing Homes whose approvals as Nursing Homes for disabled people are to be revoked
Notes to the STYLEREF ShortT \* MERGEFORMAT National Health Act 1953
