Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the Health Insurance Act 1973 to provide for the revival of certain medical services items should later items be disallowed
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Registered 28 Oct 2009
Introduced Senate 28 Oct 2009

2008‑2009

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Health Insurance Amendment (Revival of Table Items) Bill 2009

 

No.      , 2009

 

(Senators Cormann, Fielding and Xenophon)

 

 

 

A Bill for an Act to amend the Health Insurance Act 1973 to provide for the revival of certain medical services items should later items be disallowed

  

  


Contents

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

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 2

Schedule 1—Amendment relating to revival of medical services items  3

Health Insurance Act 1973                                                                                        3

 


A Bill for an Act to amend the Health Insurance Act 1973 to provide for the revival of certain medical services items should later items be disallowed

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Health Insurance Amendment (Revival of Table Items) Act 2009.

2  Commencement

                   This Act commences on the day after it receives the Royal Assent.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1Amendment relating to revival of medical services items

Health Insurance Act 1973

1  At the end of section 4

Add:

             (3)  If an item in a table of medical services prescribed in accordance with subsection (1) is disallowed under section 42 of the Legislative Instruments Act 2003, the corresponding item, if any, in the previous regulations is taken to apply in place of the disallowed item from the time of disallowance.

             (4)  In subsection (3):

corresponding item means:

                     (a)  the item in the previous regulations with the same item number; or

                     (b)  if no item satisfies paragraph (a)—the item in the previous regulations covering the same medical services;

as the disallowed item.

previous regulations means the regulations that were in force immediately prior to the commencement of the disallowed item.

2  Application

The amendment made by this Schedule applies in relation to any disallowance after 26 October 2009 of an item in a table of medical services prescribed in accordance with subsection 4(1) of the Health Insurance Act 1973.