Federal Register of Legislation - Australian Government

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Determinations/Health as made
This instrument amends the Health Insurance (Section 3C Pathology Services – COVID-19) Determination 2020 to expand the SARS-COV-2 testing item introduced on 28 July 2020 to apply to a person who drives a heavy vehicle interstate.
Administered by: Health
General Comments: This instrument was registered at 10:59am (by legal time in the Australian Capital Territory) on 3 August 2020.
Registered 03 Aug 2020
Tabling HistoryDate
Tabled HR24-Aug-2020
Tabled Senate24-Aug-2020
To be repealed 01 Dec 2020
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

Commonwealth Coat of Arms of Australia

 

Health Insurance (Section 3C Pathology Services – COVID-19) Amendment (No. 5) Determination 2020

I, Paul McBride, delegate of the Minister for Health, make the following Determination.

Dated   2 August 2020

Paul McBride

First Assistant Secretary

Medical Benefits Division

Health Financing Group

Department of Health

 

 

 


Contents

1  Name........................................................................................................................................ 1

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

3  Authority.................................................................................................................................. 1

4  Schedules................................................................................................................................. 1

Schedule 1— Amendments................................................................................................... 2

 

 


1  Name

            This instrument is the Health Insurance (Section 3C Pathology Services – COVID-19) Amendment (No. 5) Determination 2020.

2  Commencement

(1)       Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

Immediately after registration of this instrument.

 

                Note:        This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)       Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                        This instrument is made under subsection 3C(1) of the Health Insurance Act 1973.

4  Schedules

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


 

Schedule 1— Amendments

Health Insurance (Section 3C Pathology Services – COVID-19) Determination 2020

1     Section 5 (below the definition of approved provider)

Insert:

      driver has the same meaning as defined by the Heavy Vehicle National Law.  

            heavy vehicle has the meaning as given by the Heavy Vehicle National Law.

Heavy Vehicle National Law means the Heavy Vehicle National Law Act 2012 (Qld) which has been adopted in New South Wales; Heavy Vehicle National Law (ACT) Act 2013; Heavy Vehicle National Law (South Australia) Act 2013; Heavy Vehicle National Law (Tasmania) Act 2013; and Heavy Vehicle National Law Application Act 2013 (Vic). 

        Note: Although the Heavy Vehicle Nation Law has not commenced in Western Australia or the Norther Territory, the Heavy Vehicle Nation Law applies equally to vehicles from those jurisdictions when they cross into one of the states or territories where the Heavy Vehicle National Law applies.

2     Schedule 1 (after item 69480)

Repeal and substitute:

69501

Detection of a SARS‑CoV‑2 nucleic acid 1 or more tests if:

(a)     the person is employed, hired, retained or contracted;

(i)       by an approved provider, or works in an aged care service, in Victoria; or

(ii)     to travel interstate as a driver of a heavy vehicle; and

(b)     the person is informed of the results of the tests within 24 hours of receipt of the specimen at an accredited pathology laboratory; and

(c)     the results of the test are reported in adherence with the applicable State
or Territory reporting requirements within 24 hours of receipt of the specimen
at an accredited pathology laboratory; and

(d)     the person is not a private patient in a recognised hospital; and

(e)     the person is not an admitted patient of a hospital; and

(f)      the service is not performed in a prescribed laboratory as described in 4.1 of the pathology services table

Other than a service to which an item in this instrument or an item in the pathology services tables applies.

Where the service is bulk‑billed.

110.00