Commonwealth Consolidated Acts

HEALTH INSURANCE ACT 1973 - SECT 6

             (1)  The Minister may, by order in writing, declare that a specified person, or every person included in a specified class of persons, being a person who, but for this subsection, would not be an eligible person for the purposes of this Act, shall, or shall in specified circumstances (whether circumstances that occurred before or occur after the making of the order) in which he or she was or is in Australia, be treated as having been or as being an eligible person for the purposes of this Act.

             (2)  The Minister may, by order in writing, declare that, notwithstanding anything in this Act, a specified person, or every person included in a specified class of persons, being a person who, but for this subsection, would be an eligible person for the purposes of this Act, shall, or shall in specified circumstances, be treated as if he or she were not an eligible person for the purposes of this Act.

             (4)  Nothing in any other provision of this Act shall be taken, by implication, to limit the generality of this section.

             (5)  Where an order is made under this section specifying a class of persons a copy of the order shall be published in the Gazette .

             (6)  Sections 48, 48A, 48B, 49, 49A and 50 of the Acts Interpretation Act 1901 apply in relation to orders made under subsection (2) as if in those sections references to regulations were references to orders, references to a regulation were references to an order and references to a repeal were references to a revocation.

             (7)  An order made under this section 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 an order in like manner as they apply in relation to a statutory rule.

             (8)  For the purposes of the application of subsection 5(3B) of the Statutory Rules Publication Act 1903 , in accordance with subsection (7), the reference in that first‑mentioned subsection to the Minister for Sport, Recreation and Tourism shall be read as the reference to the Minister administering this Act.