Health Insurance (Section 3C General Medical Services—Cataract) Determination 2017
made under subsection 3C(1) of the Health Insurance Act 1973
Compilation No. 2
Compilation date: 1 July 2018
Includes amendments up to: Health Insurance (Section 3C – Cataract and Optometric Services) Amendment Determination 2018
About this compilation
This compilation
This is a compilation of the Health Insurance (Section 3C – Cataract and Optometric Services) Amendment Determination 2018 that shows the text of the law as amended and in force on 1 July 2018 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
This Determination is the Health Insurance (Section 3C General Medical Services—Cataract) Determination 2017.
This Determination is taken to:
(a) have commenced on 1 May 2017; and
(b) is repealed at the end of 31 December 2018.
This Determination is made under subsection 3C(1) of the Health Insurance Act 1973.
(1) In this Determination:
Act means the Health Insurance Act 1973.
relevant provisions means all provisions, of the Act and regulations made under the Act, and the National Health Act 1953 and regulations made under the National Health Act 1953, relating to medical services, professional services or items.
relevant service means a health service, as defined in subsection 3C(8) of the Act, that is specified in a Schedule.
Schedule means a Schedule to this Determination.
Note: The following terms are defined in subsection 3(1) of the Act:
- clinically relevant service
- item
- general medical services table
- professional service
(2) Unless the contrary intention appears, a reference in this Determination to a provision of the Act or the National Health Act 1953 or regulations made under the Act or under the National Health Act 1953 as applied, adopted or incorporated in relation to specifying a matter is a reference to those provisions as in force from time to time and any other reference to provisions of an Act or regulations is a reference to those provisions as in force from time to time.
For subsection 3C(1) of the Act a relevant service, provided in accordance with this Determination and as a clinically relevant service, is to be treated, for the relevant provisions, as if:
(a) it were both a professional service and a medical service; and
(b) there were an item in the general medical services table that:
(i) related to the service; and
(ii) specified for the service a fee in relation to each State, being the fee specified in the Schedule in relation to the service.
(1) Clause 1.2.5 of the general medical services table shall have effect as if item 42705 were also specified in subclause 1.2.5(1).
(2) Clause 1.2.6 of the general medical services table shall have effect as if item 42705 were also specified in subclause 1.2.6(1).
(3) Clauses 1.2.1 and 2.45.2 of the general medical services table shall have effect as if item 42705 were also specified in the clause.
(4) An item of the general medical services table mentioned in column 1 of an item of the table shall have effect as if the reference to a medical service or item, as appropriate, in column 2 of the table item included a reference to the health service or item that relates to the health service mentioned in column 3 of the table item.
Item | Column 1 Item of the general medical services table | Column 2 Reference to service or item | Column 3 Health service or item that relates to the health service |
1 | 42719 | item 42698, 42702, 42716, 42725 or 42731 | item 42705 |
2 | 42731 | item 42698, 42702, 42719 or 42725 | item 42705 |
3 | 42789 | item 42702 | item 42705 |
4 | 45051 | service listed in Group T8 | health service specified in the Schedule |
5 | 45572 | item in Group T8 | item 42705 |
6 | 51315 | item 42698, 42701, 42702, 42704 or 42707 | item 42705 |
Group T8—Surgical operations |
Subgroup 9—Ophthalmology |
Item | Service | Fee ($) |
42705 | Lens extraction and insertion of intraocular lens, excluding surgery performed for the correction of refractive error except for anisometropia greater than 3 dioptres following the removal of cataract in the first eye, performed in association with a trans-trabecular drainage device or devices, in a patient diagnosed with open angle glaucoma who is not adequately responsive to topical anti-glaucoma medications or who is intolerant of anti-glaucoma medication (Anaes.) | 760.65 |
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| o = order(s) |
ad = added or inserted | Ord = Ordinance |
am = amended | orig = original |
amdt = amendment | par = paragraph(s)/subparagraph(s) |
c = clause(s) | /sub‑subparagraph(s) |
C[x] = Compilation No. x | pres = present |
Ch = Chapter(s) | prev = previous |
def = definition(s) | (prev…) = previously |
Dict = Dictionary | Pt = Part(s) |
disallowed = disallowed by Parliament | r = regulation(s)/rule(s) |
Div = Division(s) | |
exp = expires/expired or ceases/ceased to have | reloc = relocated |
effect | renum = renumbered |
F = Federal Register of Legislation | rep = repealed |
gaz = gazette | rs = repealed and substituted |
LA = Legislation Act 2003 | s = section(s)/subsection(s) |
LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
(md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |
effect | SLI = Select Legislative Instrument |
(md not incorp) = misdescribed amendment | SR = Statutory Rules |
cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
mod = modified/modification | SubPt = Subpart(s) |
No. = Number(s) | underlining = whole or part not |
| commenced or to be commenced |
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Health Insurance (Section 3C General Medical Services—Cataract) Determination 2017 | 3 May 2017 (see F2017L00497) | 1 May 2017 | — |
Health Insurance (Section 3C General Medical Services—Cataract) Amendment Determination (No. 2) 2017 | 11 December 2017 (see F2017L01605) | 12 December 2017 | — |
Health Insurance (Section 3C – Cataract and Optometric Services) Amendment Determination 2018 | 13 June 2018 (see F2018L00767) | 1 July 2018 | — |
Endnote 4—Amendment history
Provision affected | How affected |
Paragraph 2(b)……………... Subsection 6(1)……………. Subsection 6(2)……………. Subsection 6(3)……………. | am. (No.2) 2017 am F2018L00767 am F2018L00767 am F2018L00767 |
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