2008 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time National Health Amendment (Pharmaceutical and Other Benefits-- Cost Recovery) Bill 2008 No. , 2008 (Health and Ageing) A Bill for an Act to amend the National Health Act 1953, and for related purposes [Page Break] 1 Short title ............................................................................................ 1 2 Commencement .................................................................................. 1 3 Schedule(s) ......................................................................................... 2 Schedule 1--Cost recovery 3 National Health Act 1953 3 i National Health Amendment (Pharmaceutical and Other Benefits--Cost Recovery) Bill 2008 No. , 2008 [Page Break] 2 1953, and for related purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the National Health Amendment 6 (Pharmaceutical and Other Benefits--Cost Recovery) Act 2008. 7 2 Commence ment 8 (1) Each provision of this Act specified in column 1 of the table 9 commences, or is taken to have commenced, in accordance with 10 column 2 of the table. Any other statement in column 2 has effect 11 according to its terms. 12 National Health Amendment (Pharmaceutical and Other Benefits--Cost Recovery) Bill 2008 No. , 2008 1 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedule 1 1 Ju ly 2008. 1 Ju ly 2008 1 Note: This table relates only to the provisions of this Act as originally 2 passed by both Houses of the Parliament and assented to. It will not be 3 expanded to deal with provisions inserted in this Act after assent. 4 (2) Column 3 of the table contains additional information that is not 5 part of this Act. Information in this column may be added to or 6 edited in any published version of this Act. 7 3 Schedule(s) 8 Each Act that is specified in a Schedule to this Act is amended or 9 repealed as set out in the applicable items in the Schedule 10 concerned, and any other item in a Schedule to this Act has effect 11 according to its terms. 12 2 National Health Amendment (Pharmaceutical and Other Benefits--Cost Recovery) Bill 2008 No. , 2008 [Page Break] 1 Schedule 1--Cost recovery 2 3 National Health Act 1953 4 1 After Division 4B of Part VII 5 Insert: 6 Division 4C--Cost recovery 7 Subdivision A--Preliminary 8 99YB What this Division is about 9 This Division enables fees to be charged for certain services 10 provided by the Commonwealth in order to recover the cost to the 11 Commonwealth of providing those services. Those services relate 12 to the exercise of certain powers of the Minister under this Act. 13 Subdivision B provides for regulations to set out the fees that are 14 payable for those services, as well as other matters relating to the 15 payment of those fees and the provision of those services 16 (including some consequences of failing to pay a fee). 17 Subdivision C sets out another possible consequence of failing to 18 pay a fee by providing for the Minister to refuse to exercise certain 19 powers until the fee is paid. 20 Subdivision B--Payment of fees etc. for certain services 21 99YBA Payment of fees etc. for ce rtain services 22 (1) The regulations may make provision in relation to services 23 provided by the Commonwealth in relation to the exercise of a 24 power by the Minister under any of the following: 25 (a) section 9B; 26 (b) a provision in Part VII (other than a provision in that Part 27 prescribed by the regulations). National Health Amendment (Pharmaceutical and Other Benefits--Cost Recovery) Bill 2008 No. , 2008 3 [Page Break] 1 (2) Without limiting subsection (1), the regulations may make 2 provision in relation to the following: 3 (a) the making of applications for those services; 4 (b) prescribing fees for those services; 5 (c) the time that prescribed fees are due and payable (including 6 extending the time for payment of the fees); 7 (d) the manner of payment of prescribed fees (including payment 8 by instalments); 9 (e) the payment of penalties in respect of late payment of 10 prescribed fees; 11 (f) exemptions from prescribed fees; 12 (g) the waiver, remission or refund of prescribed fees; 13 (h) the refusal to provide those services until a prescribed fee is 14 paid; 15 (i) the review of decisions made under the regulations. 16 (3) A prescribed fee must not be such as to amount to taxation. 17 (4) A prescribed fee is payable to the Commonwealth. 18 (5) A prescribed fee that is due and payable may be recovered by the 19 Commonwealth as a debt due to the Commonwealth. 20 Subdivision C--Consequences if fees not paid 21 99YBB Minister may refuse to exercise certain powe rs if prescribed 22 fees not paid 23 (1) If: 24 (a) a person applies for a service referred to in subsection 25 99YBA(1) in relation to the exercise of a power by the 26 Minister; and 27 (b) either: 28 (i) a fee prescribed under paragraph 99YBA(2)(b) is 29 payable by the person for the service; or 30 (ii) a fee prescribed under paragraph 99YBA(2)(b) is 31 payable by the person for another service referred to in 32 subsection 99YBA(1) that the person has applied for; 4 National Health Amendment (Pharmaceutical and Other Benefits--Cost Recovery) Bill 2008 No. , 2008 [Page Break] 1 then, without limiting any power the Minister may otherwise have 2 under section 9B or this Part, the Minister may refuse to exercise 3 the power until the prescribed fee is paid. 4 (2) A refusal referred to in subsection (1) is not a legislative 5 instrument. National Health Amendment (Pharmaceutical and Other Benefits--Cost Recovery) Bill 2008 No. , 2008 5