Commonwealth Consolidated Acts

HEALTH INSURANCE ACT 1973 - SECT 3C

             (1)  The Minister may, by writing, determine that:

                     (a)  a specified health service, or a health service included in a specified class of health services, being a health service not specified in an item in the table, shall, or shall in specified circumstances, be treated, for the purposes of specified provisions of this Act, the regulations, the National Health Act 1953 or the regulations under that Act, as if:

                              (i)  the health service were whichever of the following is specified in the determination, namely:

                                        (A)  both a professional service and a medical service;

                                        (B)  a medical service; and

                             (ii)  there were an item in the general medical services table, the pathology services table or the diagnostic imaging services table that:

                                        (A)  related to the health service; and

                                        (B)  specified in respect of the health service a fee in relation to a State, being the fee and the State specified in the determination in relation to the health service; and

                     (b)  a specified provision of the regulations, a specified instrument made under or given pursuant to this Act or a specified provision of a specified instrument made under or given pursuant to this Act, being a provision or instrument, as the case may be, in which all or any of the following are specified, namely, a professional service, medical service or item, shall, or shall in specified circumstances, have effect as if:

                              (i)  the health service; or

                             (ii)  the item that, by virtue of subparagraph (a)(ii), relates to the health service;

                            as the case requires, were also specified in the provision or instrument, as the case may be.

          (1A)  The Minister may refer to the Medicare Benefits Advisory Committee (being the committee established under section 66), for its consideration and recommendation, the question whether a determination should be made under subsection (1) in respect of a specified health service, or a health service included in a specified class of health services.

          (1B)  The Minister is not bound by any recommendation made by the Medicare Benefits Advisory Committee following a reference to it by the Minister under subsection (1A).

             (2)  A determination made under subsection (1) may be expressed to have taken effect from a day earlier than the day on which the determination was made (not being a day earlier than 1 February 1984).

          (2A)  A determination under subsection (1) may provide that the total of all amounts of medicare benefit paid or payable in respect of one or more eligible dental services provided to a person in a specified period must not exceed a specified amount.

          (2B)  If a determination makes provision as mentioned in subsection (2A), medicare benefit is not payable, despite Part II, in respect of an eligible dental service provided to a person in the specified period to the extent that the total of all amounts of medicare benefit paid or payable for all such eligible dental services provided to the person in the specified period exceeds the specified amount.

             (3)  A determination made under subsection (1) may make provision for and in relation to the specification of a matter or thing by applying, adopting or incorporating, with or without modification, the provisions of this Act, the regulations or a determination made under section 4A as in force at a particular time or as in force from time to time.

             (4)  Sections 48, 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to a determination made under subsection (1) as if, in those sections, references to regulations were references to a determination, references to a regulation were references to a provision of a determination and references to a repeal were references to a revocation.

             (5)  A determination made under subsection (1) shall be deemed not to be a statutory rule within the meaning of the Statutory Rules Publication Act 1903 , but subsections 5(3) to (3C) (inclusive) of that Act apply in relation to a determination made under subsection (1) in like manner as they apply in relation to a statutory rule.

             (6)  For the purposes of the application of subsection 5(3B) of the Statutory Rules Publication Act 1903 in accordance with subsection (5), the reference in that first‑mentioned subsection to the Minister of State for Administrative Services shall be read as a reference to the Minister administering this Act.

             (7)  For the purposes of this section, an internal Territory shall be deemed to form part of the State of New South Wales.

             (8)  In this section:

"eligible dental service" means:

                     (a)  dental treatment; and

                     (b)  a health service described in paragraph (d) of the definition of health service .

"health service" means:

                     (a)  medical, surgical, obstetric, dental or optometrical treatment; and

                     (b)  any other prescribed service, or service included in a prescribed class of services, whether or not related to treatment referred to in paragraph (a), that relates to health; and

                     (c)  the supply of prostheses in connection with a service rendered by an accredited dental practitioner to a prescribed dental patient; and

                     (d)  the supply of prostheses in connection with dental treatment, other than in circumstances described in paragraph (c);

but does not include the supply of any other prostheses.

"service" includes the supply of goods.