Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 95 of 1953 as amended
This compilation was prepared on 27
July 2009
taking into account amendments up to Act No. 71 of 2009
[Note: Subsections 90(3A), (3AA), (3AB), (3AC), (3AD), (3AE), (3AF) and (3B) cease to have effect on 30 June 2010, see section 90(3C)
Division 4B of Part VII ceases to have effect on 30 June 2010 , see section 99Y]
The text
of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that
have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of
Legislative Drafting and Publishing,
Attorney‑General's Department, Canberra
Contents
Part I--Preliminary 1
1............ Short title [see Note 1] ....................................................................... 1
2............ Commencement [see Note 1] .............................................................. 1
4............ Interpretation ...................................................................................... 1
4AA...... Recognised days of absence of qualified nursing home patients etc. .. 8
6............ Delegation ......................................................................................... 11
6A......... External Territories ........................................................................... 12
7A......... Application of the Criminal Code .................................................... 12
Part II--National health services 13
8............ Interpretation .................................................................................... 13
9............ Provision of certain medical and dental services ............................... 13
9A......... Provision of medical and surgical aids and appliances etc. by the Commonwealth 13
9B......... Provision of vaccines ........................................................................ 14
9BA...... The National HPV Vaccination Program Register ............................ 15
9C......... Arrangements with States for provision of surgical aids and appliances etc. 18
10.......... Arrangements with other Ministers ................................................. 19
11.......... Arrangements with States ................................................................. 19
Part V--Approved nursing homes 21
39.......... Interpretation .................................................................................... 21
40AA.... Government nursing homes .............................................................. 24
40AB Approval of admission to approved nursing home .............................. 31
40AC.... Declaration that patient not in need of nursing home care ............... 33
40AE..... Request for review of decisions ........................................................ 34
40AEA.. Request for review may be withdrawn ............................................. 36
40AEB.. Refund of lodgment fee ..................................................................... 36
40AEC.. Referral of request to Nursing Homes Fees Review Committee of Inquiry 37
40AED.. Examination of matter by Committee ............................................... 38
40AEE.. Committee Processing Fee ................................................................ 38
40AEF.. Ministerial review of decisions ......................................................... 39
40AEG.. Refund of Committee processing fee etc. ......................................... 39
40AEH.. Effect of change of proprietor on request for review ....................... 40
40AF..... Patients requiring extensive care ....................................................... 41
40AFK.. Proprietor to be given notice of classification of classified patient admitted to nursing home 43
40AG.... Standard fee for non‑classified patients ............................................ 43
40AGA. Standard fee for classified patients ................................................... 46
40AH.... Standard infrastructure allowance and special infrastructure allowance 48
40AI...... Additional patient contribution ........................................................ 48
41.......... Certificate of approval ...................................................................... 48
42.......... Inspection of, and of records of, approved nursing homes .............. 49
43.......... Certain person to give notice on death of proprietor ....................... 50
43A....... Furnishing of audited accounts by proprietors of certain approved nursing homes 50
44.......... Variation or revocation of approval .................................................. 51
45.......... Automatic revocation of approval as nursing home for disabled people 52
45A....... Revocation or extension of suspension ............................................ 52
45B....... Effect of suspension of approval of nursing home ........................... 53
45D....... Standards for nursing home care ....................................................... 53
45DA.... Statements may be published about satisfaction of standards for nursing home care 53
45DB.... General information about approved nursing homes may be made available to the public 54
45DC.... Information about Ministerial action and other information about approved nursing homes may be made available to the public .......................................................................................... 55
Part VA--Commonwealth benefits in respect of nursing home care 58
Division 1--Preliminary 58
46.......... Interpretation .................................................................................... 58
46A....... Approved nursing home patients ..................................................... 59
46AB.... Benefit payable for up to 2 days prior to admission ....................... 59
46B....... Meaning of overpayment ................................................................. 60
46C....... Secretary to determine accounting period in respect of certain approved nursing homes 60
46D....... Setting of notional fees ..................................................................... 62
46E........ Secretary may pay or recover advances of general care benefit before notional scale of fees is set 63
Division 2--Types of benefit payable 65
47.......... Basic benefit for Government nursing homes and nursing homes for disabled people 65
47A....... Benefits for patients in other approved nursing homes ................... 66
48A....... Benefit for nursing home care in transferred homes and adjusted fee government nursing homes 67
48AB.... When general care benefit becomes payable ..................................... 69
48B....... Top‑up benefit ................................................................................. 69
48C....... Isolated nursing home benefit ........................................................... 70
48D....... Benefit in respect of patients receiving nasogastric feeding ............. 71
48E........ Benefit in respect of patients receiving oxygen ................................ 71
49.......... Extensive care benefit ....................................................................... 72
49AA.... Respite Care ..................................................................................... 73
Division 3--Miscellaneous 74
49A....... Commonwealth benefit not payable if approval of nursing home suspended 74
49B....... Payment of Commonwealth benefit to patient ................................ 74
50.......... Payment of Commonwealth benefit and nursing home fund benefit in respect of same patient for same period 75
51.......... Claims for benefit ............................................................................. 75
51A....... Advances of benefit .......................................................................... 76
51B....... Treatment of money overpaid or underpaid by way of an advance . 76
51C....... Recovery of overpayments .............................................................. 76
Part VAB--Commonwealth benefit in respect of newly built nursing homes 78
Division 1--Preliminary 78
52.......... Interpretation .................................................................................... 78
Division 2--Approval‑in‑principle of an approval of a grant in respect of a newly built nursing home 79
52D....... Minister may revoke an AIP at any time before an approval of grant is given 79
Division 3--Approval of grant of Commonwealth benefit in respect of a newly built nursing home 80
53.......... Application for Commonwealth benefit ........................................... 80
54.......... Principles applicable for grant of Commonwealth benefit ............... 80
55.......... Approval of grant ............................................................................. 81
56.......... Entitlement to benefit ....................................................................... 81
57.......... Appropriation .................................................................................. 82
Part VAC--Commonwealth benefit in respect of upgraded nursing homes 83
Division 1--Preliminary 83
58.......... Interpretation .................................................................................... 83
58A....... Principles applicable to determining eligible nursing homes ............. 83
Division 2--Approval‑in‑principle of a grant in respect of an upgraded nursing home 84
58CB..... Minister may revoke an approval‑in‑principle at any time before an approval of grant is given 84
Division 3--Approval of grant of Commonwealth benefit in respect of upgraded nursing homes 85
58CC..... Application for Commonwealth benefit ........................................... 85
58CD.... Principles applicable for grant of Commonwealth benefit ............... 85
58CE..... Approval of grant ............................................................................. 85
58CF..... Entitlement to benefit ....................................................................... 86
58CG.... Appropriation .................................................................................. 87
Part VC--Administration of Parts V, VA, VAB and VD 88
58K....... Interpretation .................................................................................... 88
59.......... Commonwealth benefit not payable where compensation etc. is payable to patient 88
60B....... Information to be furnished by proprietor of approved nursing home 90
61.......... Records to be kept by proprietors of approved nursing homes ...... 90
61AA.... Records to be kept by former proprietors for 12 months ................ 92
61A....... Books and records to be kept at nominated place ............................ 92
61B....... Power to require persons to answer questions and produce documents 93
61C....... Power to examine on oath etc. .......................................................... 94
61D....... Entry on premises and inspection of books etc. .............................. 94
61E........ Offences ............................................................................................ 95
62.......... Offences ............................................................................................ 95
Part VD--Requirements in respect of sale of approved nursing homes 97
Division 1--Preliminary 97
63.......... Object of Part ................................................................................... 97
64.......... Application and operation of Part .................................................... 97
65.......... Interpretation .................................................................................... 99
Division 2--Requirements on sale of approved nursing home 104
65A....... Vendor must give notice of sale of an approved nursing home ...... 104
65B....... Purchaser to give notice of prospective purchase of approved nursing home 105
65C....... Investigation of accounts etc. of approved nursing homes ............. 106
65D....... Secretary may also determine certain matters ................................ 107
65E........ Parties to a contract of sale to be informed of results of investigation etc. 107
65F........ Proprietor gives less than 90 days notice on settlement of contract of sale or settles in less than 90 days 108
65G....... If no notice of sale given or vendor sells before notified date ......... 110
65GAA. Effect on investigation periods of commencement of the Aged Care Act 1997 112
Division 2A--Nursing home charge 113
Subdivision 1--Assessment 113
65GA.... Notice of fee‑reducing benefit ......................................................... 113
65GB.... Liability to pay nursing home charge ............................................. 113
65GC.... Amount of nursing home charge ..................................................... 113
65GD.... Notice of liability to pay nursing home charge ............................... 114
65GE..... Assessment ..................................................................................... 114
65GF..... Amendment of assessments ........................................................... 114
65GG.... Refund of overpaid amounts .......................................................... 115
65GH.... Amended assessment to be an assessment ..................................... 115
65GI...... Objections ....................................................................................... 116
65GJ..... Validity of assessment .................................................................... 116
65GK.... Evidentiary effect of notice of assessment etc. .............................. 116
Subdivision 2--Collection and recovery 117
65GL..... Secretary may extend time for payment ......................................... 117
65GM... Penalty for late payment ................................................................ 117
65GN.... Recovery of unpaid nursing home charge ....................................... 118
65GO.... Recovery of nursing home charge from persons with joint liability 118
65GP..... Recovery of nursing home charge from trustee of deceased chargepayer 118
65GQ.... Recovery of nursing home charge from unadministered deceased estate 119
Subdivision 3--Advance payments 120
65GR.... Overview of Subdivision ................................................................ 120
65GS..... If paragraph 65C(1)(c) investigation done--direction to purchaser to pay amount to the Commonwealth 121
65GT.... If paragraph 65F(1)(c) investigation has been ordered--vendor's and purchaser's liability to pay advance 121
65GU.... Treatment of money paid in advance under section 65GT ............ 123
65GV.... Directions to be in writing .............................................................. 123
65GW... Scale of fees may take account of unpaid nursing home charge ...... 124
Division 3--Payment of certain moneys to the Commonwealth 125
65H....... If paragraphs 65C(1)(c) and (d) investigations done--direction to purchaser to pay amount to the Commonwealth ........................................................................................................ 125
65J........ If amount determined under paragraph 65F(1)(e)--direction to purchaser to pay amount to the Commonwealth ........................................................................................................ 127
65K....... Certain moneys to be paid by proprietor of nursing home to the Commonwealth on or before sale of nursing home ........................................................................................................ 128
65L........ Money paid in settlement of an overpayment outstanding--how to deal with it 130
65M...... Treatment of amount paid in respect of overpayment outstanding to which subsection 65K(2) applies 130
65N....... Treatment of amount paid in respect of overpayment outstanding to which subsection 65K(3) applies 131
65P........ Treatment of amount paid in respect of overpayment outstanding to which subsection 65K(4) applies 132
65Q....... Treatment of amount paid in respect of overpayment outstanding to which subsection 65K(5) applies 133
65R....... Treatment of amount paid in respect of overpayment outstanding to which subsection 65K(6) applies--Step 1: first investigation amount ....................................................................... 134
65S........ Treatment of amount paid in respect of overpayment outstanding to which subsection 65K(6) applies--Step 2: second investigation amount ........................................................... 134
Division 4--Miscellaneous 138
65SA..... Interest payable on repayments to vendors made under Division 3 138
65SB..... Interest payable on repayments to vendors made under Division 2A 138
65T....... Time when principles take effect ................................................... 139
65U....... Parties to a contract of sale to be informed of certain matters after sale 139
Part VII--Pharmaceutical benefits 141
Division 1--Preliminary 141
83Z....... Repeal and saving ........................................................................... 141
84.......... Interpretation .................................................................................. 142
84AAA. Early supply of a specified pharmaceutical benefit ....................... 153
84AA.... Concessional benefit prescriptions, concession card prescriptions and entitlement card prescriptions 154
84A....... Participating dental practitioners .................................................... 156
84AAB. Authorised optometrists ................................................................ 156
84AAC. Secretary may suspend or revoke approval ................................... 156
84AAD. Review of decisions ........................................................................ 157
84AB.... Pharmaceutical items ...................................................................... 158
84ABA. References to pharmaceutical items or combination items having a drug 159
84AC.... When listed drug is on F1 or F2 ..................................................... 159
84AD.... When listed drug is in Part A or Part T of F2 ................................ 160
84AE..... Co‑marketed brands ........................................................................ 160
84AF..... Responsible person for a brand of a pharmaceutical item .............. 162
84AG.... Therapeutic groups ......................................................................... 163
84AH.... Exempt items .................................................................................. 164
84AI...... Rounding amounts .......................................................................... 164
84AJ..... When pharmaceutical benefits are Schedule equivalent .................. 164
Division 1A--Safety net concession cards and pharmaceutical benefits entitlement cards 166
84B....... Family relationships ....................................................................... 166
84BA.... Supplies of out‑patient medication ................................................ 167
84C....... Eligibility for concession and entitlement cards ............................. 168
84CA.... Modification of amounts paid ........................................................ 174
84D....... Pharmaceutical benefits prescription record forms etc. .................. 174
84DA.... Issue of safety net concession card ................................................ 176
84E........ Issue of pharmaceutical benefits entitlement card .......................... 178
84F........ Form of cards .................................................................................. 179
84G....... Persons covered by card ................................................................. 180
84H....... Additional and replacement cards ................................................... 180
84HA.... Fee to approved pharmacist etc. for issuing card ........................... 181
84J........ Period of effect of card ................................................................... 181
84K....... Return of card ................................................................................. 181
84L........ Offences .......................................................................................... 182
Division 2--Supply of pharmaceutical benefits 183
85.......... Pharmaceutical benefits .................................................................. 183
85A....... Determinations of forms of pharmaceutical benefits or pharmaceutical items with respect to classes of persons 184
85AB.... Minister may determine that a listed drug is on F1 or F2 .............. 185
85AC.... Minister may determine that a listed drug is in Part A or Part T of F2 186
85AD.... Price agreements ............................................................................. 187
85B....... Price determinations and special patient contributions .................. 187
86.......... Entitlement to receive pharmaceutical benefits .............................. 189
86A....... Pharmaceutical benefits not to be supplied in respect of persons reasonably believed not to be in Australia 190
86B....... Approved supplier may request provision of medicare number .... 190
86C....... On and after 1 January 2001 approved supplier must request provision of medicare number in certain circumstances ........................................................................................................ 193
86D....... Power of approved suppliers to record and retain medicare numbers and expiry dates 197
86E........ Minister may determine certain persons to be special evidentiary categories 200
87.......... Limited charges for pharmaceutical benefits ................................... 201
87A....... Entitlement to refund in certain circumstances ............................... 205
88.......... Prescribing of pharmaceutical benefits ........................................... 206
88AA.... Power of PBS prescribers to record and retain medicare numbers and expiry dates 210
88A....... Prescription of certain pharmaceutical benefits authorised only in certain circumstances 211
89.......... Pharmaceutical benefits to be supplied only on prescription etc. .. 211
90.......... Approved pharmacists [see Note 1] .............................................. 212
90A....... Minister may substitute decision approving pharmacist ............... 215
90B....... Request to Minister to approve pharmacist .................................. 217
90C....... Circumstances in which request may not be made ......................... 218
90D....... Provision of further information ..................................................... 218
90E........ Effect of decision by Minister to approve pharmacist .................. 219
91.......... Application to supply pharmaceutical benefits following the death of approved pharmacist 220
92.......... Approved medical practitioners ..................................................... 223
92A....... Approvals to be subject to conditions ........................................... 223
92B....... Persons not to enter into certain refund agreements ....................... 226
93.......... Supply of certain pharmaceutical benefits by medical practitioners 226
93A....... Supply of certain pharmaceutical benefits to patients in private hospitals or aged care facilities 227
94.......... Approved hospital authorities ....................................................... 228
95.......... Suspension or revocation of approval ............................................ 229
98.......... Cancellation by Secretary of approval of pharmacists etc. ............ 230
98AA.... Cancellation by Minister of approval of hospital .......................... 232
98AB.... Notification by Department of alterations to pharmaceutical benefits scheme 232
Division 3--Payment for supply of pharmaceutical benefits 233
98A....... Establishment of Pharmaceutical Benefits Remuneration Tribunal 233
98B....... Functions of Tribunal ..................................................................... 233
98BA.... Inquiries by Tribunal ...................................................................... 235
98BAA. Tribunal must give effect to certain agreements ............................. 235
98BB..... Constitution of Tribunal ................................................................. 236
98BC..... Procedure of Tribunal ..................................................................... 236
98BD.... Findings etc. of Tribunal to be made public ................................... 237
98BE..... Date of operation of determination of the Tribunal ....................... 238
98C....... Determinations by Minister ........................................................... 238
98D....... Form, and date of operation, of determinations under section 98C 238
98E........ Secrecy ............................................................................................ 239
99.......... Payment for supply of benefits ..................................................... 239
99AAA. Claim for payment relating to supply of benefits .......................... 244
99AAB. Certain suppliers exempted from requirement to use the Claims Transmission System 246
99AAC. Declaration by Secretary exempting approved supplier from using Claims Transmission System 246
99AA.... Unauthorised payments etc. ........................................................... 247
99AB.... Advances ........................................................................................ 248
Division 3A--Price reductions 250
Subdivision A--Preliminary 250
99AC.... What this Division is about ............................................................ 250
99ACA. Definitions etc. ............................................................................... 250
Subdivision B--12.5% price reductions for new brands of pharmaceutical items that are not combination items 251
99ACB.. 12.5% price reduction for new brands of pharmaceutical items that are not combination items 251
Subdivision C--Price reductions for combination items 254
99ACC.. Price reductions for single brands of combination items ................ 254
99ACD. 12.5% price reduction for new brands of combination items ......... 256
99ACE.. Flow‑on of 12.5% price reduction to related brands of combination items 259
Subdivision D--Other statutory price reductions 261
99ACF.. Statutory price reductions .............................................................. 261
99ACG. Other price reductions do not apply if 12.5% statutory price reduction or price disclosure reduction applies 264
99ACH. 12.5% statutory price reduction flow‑on to related brands ........... 265
99ACI... 2% statutory price reduction .......................................................... 265
99ACJ... 25% statutory price reduction on single day .................................. 266
99ACK. 25% statutory price reduction phased over 2 or more days .......... 266
Division 3B--Price disclosure 268
Subdivision A--Preliminary 268
99AD.... What this Division is about ............................................................ 268
99ADA. Application of this Division ........................................................... 268
99ADB. Definitions etc. ............................................................................... 269
Subdivision B--Price disclosure requirements 270
99ADC. The price disclosure requirements .................................................. 270
Subdivision C--When the price disclosure requirements apply 271
99ADD. Mandatory compliance with the price disclosure requirements ..... 271
99ADE.. Voluntary compliance with the price disclosure requirements ....... 273
Subdivision D--Consequences for failing to comply with the price disclosure requirements 273
99ADF.. Offence for failing to comply with the price disclosure requirements 273
99ADG. Other consequences for failing to comply with the price disclosure requirements 274
Subdivision E--Price reduction 275
99ADH. Price reduction based on information provided under the price disclosure requirements 275
Division 3C--Guarantee of supply 278
Subdivision A--Preliminary 278
99AE..... What this Division is about ............................................................ 278
99AEA.. Definitions ...................................................................................... 278
Subdivision B--Guarantee of supply 279
99AEB.. Guarantee of supply ....................................................................... 279
Subdivision C--Brands that are guaranteed brands 279
99AEC.. Guaranteed brand: new brand ......................................................... 279
99AED.. Guaranteed brand: first brand to offer a lower price ...................... 281
Subdivision D--Meaning of fails to supply and unable to supply 282
99AEE.. Meaning of fails to supply ............................................................... 282
99AEF.. Meaning of unable to supply ........................................................... 283
Subdivision E--Requirement to notify Minister of failure or inability to supply etc. 283
99AEG.. Requirement to notify Minister of failure to supply etc. .............. 283
Subdivision F--Consequences for guaranteed brands of failure or inability to supply 284
99AEH.. Minister's powers if responsible person fails to supply, or is unable to supply, guaranteed brand 284
Subdivision G--Consequences for other brands 285
99AEI... Minister may increase approved price to pharmacists etc. if guaranteed brand delisted 285
99AEJ... Minister may determine drug is on F1 if guaranteed brand delisted 286
99AEK.. Minister may revoke or vary formulary determination if guaranteed brand delisted 287
99AEL.. Minister may determine price disclosure election is revoked if guaranteed brand delisted 287
Division 4--Provisions relating to members of the Pharmaceutical Benefits Remuneration Tribunal 289
99A....... Terms and conditions of appointment ........................................... 289
99B....... Remuneration and allowances ......................................................... 289
99C....... Resignation and removal from office .............................................. 289
99D....... Acting Chairperson ......................................................................... 290
99E........ Acting additional member ............................................................... 291
Division 4A--Indexation 293
99F........ Definitions ...................................................................................... 293
99G....... Indexation ....................................................................................... 293
Division 4B--Australian Community Pharmacy Authority 296
99H....... Interpretation .................................................................................. 296
99J........ Establishment of Authority ............................................................ 296
99K....... Functions ........................................................................................ 296
99L........ Determination of rules by Minister ................................................ 296
99M...... Powers ............................................................................................ 297
99N....... Membership ................................................................................... 297
99P........ Terms and conditions not provided for by this Act ....................... 297
99Q....... Defective appointment not invalid ................................................. 297
99R....... Remuneration and allowances ......................................................... 298
99S........ Leave of absence ............................................................................. 298
99T....... Disclosure of interests .................................................................... 298
99U....... Resignation ..................................................................................... 298
99V....... Termination of appointment .......................................................... 299
99W...... Meetings ......................................................................................... 299
99X....... Committees ..................................................................................... 300
99Y....... Cessation of operation [see Note 1] ............................................... 300
Division 4C--Cost recovery 301
Subdivision A--Preliminary 301
99YB..... What this Division is about ............................................................ 301
Subdivision B--Payment of fees etc. for certain services 301
99YBA.. Payment of fees etc. for certain services ........................................ 301
Subdivision C--Consequences if fees not paid 302
99YBB.. Minister may refuse to exercise certain powers if prescribed fees not paid 302
Subdivision D--Review of cost‑recovery measures 303
99YBC.. Review of impact of cost‑recovery measures ................................. 303
Division 4D--Export restriction 305
99ZH.... Definitions ...................................................................................... 305
99ZI...... Restrictions on carriage or consignment of drug like substances .... 307
99ZJ...... Detention of certain drug like substances being carried out of Australia and retention of related documents 308
99ZK.... Detention of certain drug like substances consigned for export and retention of related documents 310
99ZL..... Examination and inspection powers ............................................... 313
99ZM... Customs may detain some drug like substances and not others ..... 314
99ZN.... Customs treatment of detained substances and retained documents 314
99ZO.... Treatment by the Medicare Australia CEO of detained substances and retained documents 317
99ZP..... Right of compensation in certain circumstances for substances destroyed 319
99ZQ.... Disposal of forfeited substances .................................................... 320
99ZR..... Liability for acts done in good faith ................................................ 320
99ZS..... Guidelines for detention of, dealing with, and disposal of, substances 321
99ZT..... Forfeiture of substances detained under section 99ZJ or 99ZK .... 322
Division 5--General 323
100........ Special arrangements ....................................................................... 323
100AA.. Special pharmaceutical products .................................................... 323
100A..... Establishment and membership of the Pharmaceutical Benefits Advisory Committee 325
100B..... Appointment etc. of members of the Pharmaceutical Benefits Advisory Committee 326
100C..... Termination of appointment .......................................................... 326
100D..... Remuneration .................................................................................. 327
101........ Functions of Pharmaceutical Benefits Advisory Committee ......... 327
101A..... Sub‑committees of the Pharmaceutical Benefits Advisory Committee 331
102........ Testing of drugs .............................................................................. 331
103........ Offences .......................................................................................... 331
104A..... Pharmacists to furnish statement of stocks .................................... 335
104B..... Report on impact of National Health Amendment (Pharmaceutical Benefits Scheme) Act 2007 335
105........ Regulations ..................................................................................... 336
Part VIIA--Reviews by Administrative Appeals Tribunal 337
105AA.. Interpretation .................................................................................. 337
105AABApplications for review by Tribunal of certain decisions
under
Part V
.............................................................................................. 337
105AB.. Application for review by Tribunal ............................................... 338
105AC.. Statements to accompany notification of decisions ....................... 340
105AD.. Application for review by Tribunal of decisions of the Australian Community Pharmacy Authority 341
105AE... Time limits ...................................................................................... 342
Part VIII--Committees of Inquiry 343
Division 1--Preliminary 343
107........ Interpretation .................................................................................. 343
Division 3--Pharmaceutical Services Committees of Inquiry 344
113........ Pharmaceutical Services Federal Committee of Inquiry ................. 344
114........ Functions of Federal Committee .................................................... 344
115........ Pharmaceutical Services State Committees of Inquiry ................... 344
116........ Functions of State Committee ........................................................ 344
117........ Reports not to relate to conduct of PBS prescribers ...................... 345
Division 3A--Nursing Homes Fees Review Committees of Inquiry 346
117A..... Nursing Homes Fees Review Committees of Inquiry .................... 346
117B..... Functions of State Committees ...................................................... 346
Division 4--Provisions applicable to Committees generally 347
118........ Interpretation .................................................................................. 347
119........ Membership of Committees ........................................................... 347
119A..... Acting Member ............................................................................... 347
120........ Chairperson .................................................................................... 347
120A..... Vacancies in Committees ................................................................ 348
121........ Procedure of Committees ............................................................... 348
122........ Evidence .......................................................................................... 348
123........ Proceedings in private ..................................................................... 348
124........ Determination of questions at meetings ......................................... 348
125........ PBS prescriber or pharmacist affected by inquiry to be given notice 349
126........ Summoning of witnesses ................................................................ 350
127........ Committee may examine upon oath or affirmation ........................ 350
128........ Failure to attend or produce documents ......................................... 350
129........ Refusal to be sworn or give evidence .............................................. 351
130........ Protection of witnesses .................................................................. 351
131........ Allowances to witnesses ................................................................ 351
132........ Protection of members .................................................................... 351
Part IX--Miscellaneous 353
133........ Effect of prosecution for offence .................................................... 353
133A..... Territories ....................................................................................... 355
134........ Effect of suspension or cancellation of approval or authority ....... 355
134A..... Publication of particulars of certain action taken under this Act ... 356
134B..... Time for commencing prosecutions ................................................ 357
134C..... Defence in certain prosecutions ...................................................... 357
134E...... Conduct by directors, servants or agents ....................................... 357
135........ Right of Commonwealth officers to practise .................................. 358
135A..... Officers to observe secrecy ............................................................ 358
135AAAPrescribers and approved suppliers must observe secrecy
in
relation to medicare numbers and expiry dates provided for pharmaceutical
benefit scheme purposes
367
135AA.. Privacy guidelines ........................................................................... 371
135AB.. Breaches of the privacy guidelines ................................................. 375
135AC.. Authorisation of collection of particular health information .......... 375
135B..... Prosecution of offences .................................................................. 376
136........ Committees ..................................................................................... 376
136A..... Filling of vacancies on committees ................................................. 376
137........ Moneys from which payments under this Act are to be made ...... 377
138........ Exercise of Secretary's powers subject to directions of Minister .. 377
138A..... Telephone access to offices ............................................................ 377
139........ Judicial notice of signature of Secretary ......................................... 377
139A..... Evidence .......................................................................................... 378
139B..... Certain instruments subject to disallowance .................................. 379
139C..... Information with respect to concessional beneficiaries .................. 380
140........ Regulations ..................................................................................... 380
Schedule 4--Nursing Homes whose approvals as Nursing Homes for disabled people are to be revoked 381
Notes 383
An Act relating to the provision of pharmaceutical, sickness and hospital benefits, and of medical and dental services
Notes to
the
National Health Act 1953 Note 1 The National Health Act 1953 as shown in this
compilation comprises Act No. 95, 1953 amended as indicated in the Tables
below. The National Health Act 1953
was amended by the National Health Regulations (Statutory Rules 1991 No. 310).
The amendment is incorporated in this compilation. The National Health Act 1953
was amended by the National Health Act 1953 (Amendment) Regulations
(Statutory Rules 1993 No. 274). The amendment is incorporated in this
compilation. The National Health Act 1953 was amended by the Workplace
Relations Amendment (Work Choices) (Consequential Amendments) Regulations 2006
(No. 1) (SLI 2006 No. 50). The amendment is incorporated in this
compilation. The National Health Act 1953
was modified by the National Health Regulations (1954 No. 35 as amended),
the National Health (Nursing Home Respite Care) Regulations (1989 No. 173
as amended) and the National Health Regulations 1998 No. 262 (as amended).
The modifications are not incorporated in this compilation. For cessation details of subsections
90(3A), (3AA), (3AB), (3AC), (3AD), (3AE), (3AF) and (3B) see subsection
90(3C). For cessation details of Division 4B
of Part VII see section 99Y. For application, saving or transitional provisions made by the
Corporations (Repeals, Consequentials and Transitionals) Act 2001, see
Act No. 55, 2001. For application, saving or transitional provisions made by the
Private Health Insurance (Transitional Provisions and Consequential
Amendments) Act 2007, see Act No. 32, 2007. All relevant information pertaining
to application, saving or transitional provisions prior to 7 July 1997 is not included in this compilation. For subsequent information see Table A.
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
95, 1953 |
18 Dec 1953 |
Parts I and II (ss. 1-11): Royal Assent |
|
|
|
National Health Act 1955 |
68, 1955 |
4 Nov 1955 |
S. 13: 14 Apr 1954 |
S. 36(2) |
|
National Health Act 1956 |
55, 1956 |
30 June 1956 |
S. 4: 14 Apr 1954 |
-- |
|
National Health Act (No. 2) 1956 |
95, 1956 |
15 Nov 1956 |
1 Sept 1957 (see s. 2 and Gazette 1957, p. 2631) |
-- |
|
National Health Act 1957 |
92, 1957 |
12 Dec 1957 |
1 Jan 1958 (see Gazette 1957, |
-- |
|
National Health Act 1958 |
68, 1958 |
8 Oct 1958 |
S. 6: 11 Sept 1958 |
-- |
|
National Health Act 1959 |
72, 1959 |
1 Dec 1959 |
Ss. 3-6, 10, 23 and 24: 1 Jan 1960 |
|
|
as amended by |
|
|
|
|
|
National Health Act 1961 |
16, 1961 |
11 May 1961 |
Ss. 3, 6, 7 and 10: 1 July 1961 |
-- |
|
National Health Act 1961 |
16, 1961 |
11 May 1961 |
Ss. 3, 6, 7 and 10: 1 July 1961 |
-- |
|
National Health Act 1962 |
82, 1962 |
12 Dec 1962 |
Ss. 3(b), (c), 4, 5, 12-19, 28 and 29: 1 Jan 1963 |
Ss. 10(2) and 24 |
|
National Health Act 1963 |
77, 1963 |
31 Oct 1963 |
1 Jan 1964 |
S. 4(2) |
|
National Health Act 1964 |
37, 1964 |
28 May 1964 |
S. 3(1): 1 July 1964 |
Ss. 7(2), 18(2) and 20(2) |
|
National Health Act 1965 |
100, 1965 |
13 Dec 1965 |
13 Dec 1965 |
S. 2 |
|
National Health Act (No. 2) 1965 |
146, 1965 |
18 Dec 1965 |
14 Feb 1966 |
-- |
|
National Health Act 1966 |
44, 1966 |
18 Oct 1966 |
18 Oct 1966 |
Ss. 3(2), 5(2) and 6(2) |
|
National Health Act 1967 |
14, 1967 |
8 May 1967 |
21 Apr 1967 (see s. 2) |
|
|
National Health Act (No. 2) 1967 |
100, 1967 |
10 Nov 1967 |
Ss. 4 and 5: 1 Mar 1968 (see Gazette 1968, p.
1117) |
-- |
|
National Health Act 1968 |
100, 1968 |
26 Nov 1968 |
Ss. 1, 2, 5 and 22: Royal Assent |
Ss. 22(2) and 27 |
|
National Health Act 1969 |
102, 1969 |
27 Sept 1969 |
27 Sept 1969 |
-- |
|
National Health Act 1970 |
41, 1970 |
24 June 1970 |
Part I (ss. 1-3), ss. 4, 6, 7, 59 and 60: Royal
Assent |
|
|
National Health Act 1971 |
85, 1971 |
20 Oct 1971 |
S. 3: 21 Oct 1971 |
|
|
National Health Act 1972 |
114, 1972 |
31 Oct 1972 |
Ss. 1, 2, 5, 6, |
|
|
National Health Act 1973 |
49, 1973 |
14 June 1973 |
3 July 1973 |
-- |
|
National Health Act (No. 2) 1973 |
202, 1973 |
18 Dec 1973 |
S. 17: 1 Jan 1974 |
Ss. 31(2), 32(2), 34(2), 36(2), 37(2) and 38(2) |
|
37, 1974 |
7 Aug 1974 |
7 Aug 1974 |
Ss. 5 and 6 |
|
|
1, 1975 |
15 Feb 1975 |
Ss. 3(2), 7, 9, 10(2), 11-14, |
Ss. 3(3), 4(2), 22(2), 33(2) and 34 |
|
|
13, 1975 |
9 Apr 1975 |
9 Apr 1975 |
-- |
|
|
93, 1975 |
28 Aug 1975 |
1 Sept 1975 |
-- |
|
|
1, 1976 |
29 Feb 1976 |
S. 16 |
||
|
60, 1976 |
5 June 1976 |
Ss. 1, 2, 28, 31, 41 and 42: Royal Assent |
Ss. 25(2), 29(2), 33(2),
35(2), 36(2) and 42 |
|
|
as amended by |
|
|
|
|
|
91, 1976 |
20 Sept 1976 |
S. 3: Royal Assent (a) |
||
|
99, 1976 |
29 Sept 1976 |
1 Oct 1976 |
-- |
|
|
91, 1976 |
20 Sept 1976 |
S. 3: (b) |
||
|
99, 1976 |
29 Sept 1976 |
1 Oct 1976 |
S. 23(2) |
|
|
108, 1976 |
29 Oct 1976 |
25 Nov 1976 |
Ss. 4 and 5 |
|
|
Federal Court of Australia (Consequential Provisions) Act 1976 |
157, 1976 |
9 Dec 1976 |
1 Feb 1977 (see s. 2 and Gazette 1977, No. S3) |
|
|
177, 1976 |
13 Dec 1976 |
1 Jan 1977 (see Gazette 1976, No. S240) |
||
|
98, 1977 |
30 Sept 1977 |
1 Nov 1977 (see Gazette 1977, No. S266) |
-- |
|
|
100, 1977 |
30 Sept 1977 |
|||
|
36, 1978 |
12 June 1978 |
12 June 1978 |
||
|
88, 1978 |
22 June 1978 |
Ss. 3, 5-7 and 15: (c) |
-- |
|
|
as amended by |
|
|
|
|
|
132, 1978 |
31 Oct 1978 |
(see 132, 1978 below) |
-- |
|
|
132, 1978 |
31 Oct 1978 |
Ss. 1, 2, 3(1)(b), 3(2) and 44: Royal Assent |
S. 3(2) |
|
|
189, 1978 |
4 Dec 1978 |
4 Dec 1978 |
-- |
|
|
54, 1979 |
14 June 1979 |
Ss. 3(1)(b)-(d) and 16: 1 Sept 1979 |
Ss. 3(2), 9(2), 13(2), 14(2), 15 and 16 |
|
|
91, 1979 |
31 Aug 1979 |
1 Sept 1979 |
-- |
|
|
122, 1979 |
29 Oct 1979 |
1 Nov 1979 |
-- |
|
|
117, 1980 |
8 Sept 1980 |
8 Sept 1980 |
||
|
131, 1980 |
19 Sept 1980 |
Ss. 1, 2, 7-10 and 15: 4 Sept 1980 |
Ss. 4(2) and 15 |
|
|
National Health (Pharmaceutical Benefits) Amendment Act 1981 |
40, 1981 |
12 May 1981 |
12 May 1981 |
|
|
74, 1981 |
18 June 1981 |
Part IX (s. 177): Royal Assent (d) |
S. 264 |
|
|
92, 1981 |
18 June 1981 |
Part I (ss. 1, 2): Royal Assent |
-- |
|
|
118, 1981 |
25 June 1981 |
Ss. 1-3, 20, 24-31, 33 and 34: Royal Assent |
Ss. 55(2), (3), 70(2) and 75(2) |
|
|
163, 1981 |
26 Nov 1981 |
S. 3: 1 Dec 1981 |
||
|
176, 1981 |
2 Dec 1981 |
Part XIV (ss. 48, 49): 1 Sept 1981 (e) |
-- |
|
|
49, 1982 |
9 June 1982 |
Ss. 5 and 7: 1 Feb 1984 (see Gazette 1984, No.
S24) |
||
|
as amended by |
|
|
|
|
|
Health and Community Services Legislation Amendment Act 1991 |
211, 1991 |
24 Dec 1991 |
(see 211, 1991 below) |
-- |
|
80, 1982 |
22 Sept 1982 |
Part LXXVII |
S. 280(2) and (3) |
|
|
112, 1982 |
8 Nov 1982 |
Ss. 4(1), (4) and 14(2), (4): 1 Nov 1982 |
Ss. 2(8), 14(4), 17(2), 35(3), (4) and 40 |
|
|
35, 1983 |
19 June 1983 |
Ss. 6, 7, 9 and 10: 18 July 1983 (see Gazette 1983, No. S151) |
||
|
54, 1983 |
1 Oct 1983 |
Ss. 1-3, 4(1), 31(1),
32(4)-(8), 39, 45, 64-67, 70-82, 83(1), 85-88, 89(2), 95-99, 115(1), 119(1),
120(1), 123, 124, 126, 128 and 129: Royal Assent |
Ss. 2(3), 95(2), 96(2), 98(2), 100(2), 102(2), 103(2), (3), 105(2), 113(2), 116 (2), 119(3), 120(3), 133, 134(2) and 136 |
|
|
139, 1983 |
22 Dec 1983 |
Ss. 24, 26, 27, 28(1),
(3)-(7), (9), 29-33, 35(2), |
Ss. 26(2), 28(3)-(9), 29(2), 30(2), 31(2), 33(2), 35(5)-(11), 36(3)-(5), 37(2), 38(3), 39(2), 42(2), (3), 44(2), (3), 45(2), (3), 46(2), 51(2) and 54(4) |
|
|
as amended by |
|
|
|
|
|
165, 1984 |
25 Oct 1984 |
S. 3: (i) |
S. 9(5) and (8) |
|
|
115, 1986 |
24 Nov 1986 |
Part V (ss. 40, 41): Royal Assent (j) |
-- |
|
|
Cocos (Keeling) Islands Self‑Determination (Consequential Amendments) Act 1984 |
46, 1984 |
25 June 1984 |
Part VII (ss. |
-- |
|
63, 1984 |
25 June 1984 |
S. 151(1): 1 July 1984 (see Gazette 1984, No. S245) (k) |
S. 151(9) |
|
|
72, 1984 |
25 June 1984 |
S. 3: 23 July 1984 (l) |
S. 5(7) |
|
|
Christmas Island Administration (Miscellaneous Amendments) Act 1984 |
120, 1984 |
18 Oct 1984 |
Part VIII (ss. |
-- |
|
135, 1984 |
25 Oct 1984 |
S. 7: 1 Feb 1984 |
Ss. 22(2), (3), |
|
|
165, 1984 |
25 Oct 1984 |
S. 3: (m) |
||
|
24, 1985 |
22 May 1985 |
Ss. 1, 2 and 5: Royal Assent |
S. 5 |
|
|
53, 1985 |
4 June 1985 |
1 July 1985 |
S. 6(2) and (3) |
|
|
65, 1985 |
5 June 1985 |
S. 3: 3 July 1985 (n) |
-- |
|
|
70, 1985 |
5 June 1985 |
Ss. 1-3 and 11: Royal Assent |
S. 21(2) and (3) |
|
|
Social Security and Repatriation Legislation Amendment Act 1985 |
95, 1985 |
5 Sept 1985 |
Part XI (ss. 60-62): (p) |
-- |
|
Social Security and Repatriation (Budget Measures) Amendment Act 1985 |
127, 1985 |
28 Oct 1985 |
Ss. 7 and 10(2): Royal Assent (q) |
-- |
|
167, 1985 |
16 Dec 1985 |
Ss. 1-25, 26(2), 27, 37, 38, 42, 43, 55, 57, 65-70 and |
-- |
|
|
Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 |
28, 1986 |
19 May 1986 |
S. 61: Royal Assent |
-- |
|
75, 1986 |
24 June 1986 |
Ss. 57 and 61-71: 22 July 1986 (r) |
S. 71 |
|
|
94, 1986 |
13 Oct 1986 |
Ss. 4(1), 6-8, 10, 12, 14(2) and 36: 1 Oct 1986 |
Ss. 21(2), 27(2), 28(2), 34(2) and 38 |
|
|
as amended by |
|
|
|
|
|
141, 1987 |
18 Dec 1987 |
S. 3: 13 Oct 1986 (s) |
S. 5(1) |
|
|
115, 1986 |
24 Nov 1986 |
Ss. 6, 8-15, 18-20 and 23: Royal Assent (t) |
S. 23 |
|
|
as amended by |
|
|
|
|
|
Community Services and Health Legislation Amendment Act 1991 |
84, 1991 |
26 June 1991 |
(see 84, 1991 below) |
-- |
|
22, 1987 |
26 May 1987 |
S. 3(1): 1 Nov 1986 (see s. 2(2)) |
Ss. 3(3), 5(2) and 8(2) |
|
|
as amended by |
|
|
|
|
|
Health and Community Services Legislation Amendment Act (No. 2) 1992 |
192, 1992 |
21 Dec 1992 |
(see 192, 1992 below) |
-- |
|
44, 1987 |
5 June 1987 |
1 Aug 1987 |
||
|
72, 1987 |
5 June 1987 |
Ss. 1 and 2: Royal Assent |
Ss. 13(2), 30, 32 and 33 |
|
|
as amended by |
|
|
|
|
|
Community Services and Health Legislation Amendment Act 1988 |
79, 1988 |
24 June 1988 |
(see 79, 1988 below) |
-- |
|
118, 1987 |
16 Dec 1987 |
Ss. 1 and 2: Royal Assent |
||
|
131, 1987 |
16 Dec 1987 |
S. 4: 13 Dec 1987 |
-- |
|
|
Community Services and Health Legislation Amendment Act 1987 |
132, 1987 |
16 Dec 1987 |
Ss. 1-3, 4(d), (g), 5-7, 21, 22 and 31: 16 Dec 1987 |
-- |
|
46, 1988 |
15 June 1988 |
1 July 1988 |
||
|
Community Services and Health Legislation Amendment Act 1988 |
79, 1988 |
24 June 1988 |
Part II (ss. 3-6): 28 June 1989 (see s. 2(3) and Gazette 1989, No. S206) |
Ss. 15(2) and 17(2) |
|
as amended by |
|
|
|
|
|
Community Services and Health Legislation Amendment Act (No. 2) 1988 |
155, 1988 |
26 Dec 1988 |
(see 155, 1988 below) |
-- |
|
87, 1988 |
8 Nov 1988 |
Ss. 1 and 2: Royal Assent |
||
|
Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988 |
99, 1988 |
2 Dec 1988 |
2 Dec 1988 |
-- |
|
Community Services and Health Legislation Amendment Act (No. 2) 1988 |
155, 1988 |
26 Dec 1988 |
S. 10: 1 Jan 1989 |
Ss. 27(3)‑ (7) and 37 |
|
Community Services and Health Legislation Amendment Act 1989 |
95, 1989 |
28 June 1989 |
S. 10: 10 Oct 1989 (see Gazette 1989, No. S323) |
|
|
Social Security and Veterans' Affairs Legislation Amendment Act (No. 4) 1989 |
164, 1989 |
19 Dec 1989 |
Ss. 11 and 12(a): Royal Assent (u) |
-- |
|
175, 1989 |
24 Dec 1989 |
24 Dec 1989 |
||
|
Community Services and Health Legislation Amendment Act (No. 2) 1989 |
3, 1990 |
17 Jan 1990 |
Ss. 4, 26(b), (c), 28 and 31: 1 July 1990 |
S. 25(2) |
|
Social Welfare Legislation (Pharmaceutical Benefits) Amendment Act 1990 |
84, 1990 |
30 Oct 1990 |
Ss. 3 and 9: Royal Assent (v) |
-- |
|
Community Services and Health Legislation Amendment Act 1990 |
106, 1990 |
18 Dec 1990 |
Ss. 19-21, 23, 25, 26 and 29-31: Royal Assent (w)
|
-- |
|
Community Services and Health Legislation Amendment Act (No. 2) 1990 |
141, 1990 |
28 Dec 1990 |
Ss. 48, 50, 51(a), 52-55 and 72-74: Royal Assent (x)
|
S. 72(2) |
|
6, 1991 |
8 Jan 1991 |
-- |
||
|
Social Security (Job Search and Newstart) Amendment Act 1991 |
68, 1991 |
25 June 1991 |
(z) |
-- |
|
70, 1991 |
25 June 1991 |
(za) |
-- |
|
|
73, 1991 |
25 June 1991 |
S. 19: (zb) |
-- |
|
|
83, 1991 |
26 June 1991 |
Ss. 4, 5 (in part), 7(1), 11, 12, 16 and 23: 1 Jan 1991 |
Ss. 3 and 24 |
|
|
Community Services and Health Legislation Amendment Act 1991 |
84, 1991 |
26 June 1991 |
S. 14: 1 Aug 1991 (see s. 2 and Gazette 1991,
No. S207) |
-- |
|
115, 1991 |
27 June 1991 |
-- |
||
|
116, 1991 |
27 June 1991 |
(zd) |
-- |
|
|
Health Legislation (Pharmaceutical Benefits) Amendment Act 1991 |
119, 1991 |
27 June 1991 |
Ss. 4 (in part), 5, 7(c), 8 and 9: 1 July 1991 |
S. 2 (am. by 136, 1992, |
|
as amended by |
|
|
|
|
|
Health and Community Services Legislation Amendment Act 1992 |
136, 1992 |
11 Nov 1992 |
(see 136, 1992 below) |
-- |
|
Human Services and Health Legislation Amendment Act (No. 3) 1995 |
149, 1995 |
16 Dec 1995 |
Schedule 2 (item 16): (ze) |
-- |
|
122, 1991 |
27 June 1991 |
Ss. 4(1), 10(b) and 15-20: 1 Dec 1988 |
S. 31(2) |
|
|
Social Security (Disability and Sickness Support) Amendment Act 1991 |
141, 1991 |
9 Oct 1991 |
-- |
|
|
169, 1991 |
20 Nov 1991 |
1 July 1992 |
-- |
|
|
175, 1991 |
25 Nov 1991 |
Ss. 4-12 and Schedule (Part 2): 17 Aug 1991 |
-- |
|
|
208, 1991 |
24 Dec 1991 |
-- |
||
|
Health and Community Services Legislation Amendment Act 1991 |
211, 1991 |
24 Dec 1991 |
Ss. 10 and 11: 29 Apr 1992 |
-- |
|
as amended by |
|
|
|
|
|
Human Services and Health Legislation Amendment Act (No. 3) 1995 |
149, 1995 |
16 Dec 1995 |
Schedule 2 (item 4): 24 Dec 1991 (zg) |
-- |
|
70, 1992 |
26 June 1992 |
-- |
||
|
81, 1992 |
30 June 1992 |
S. 117: Royal Assent (zi) |
-- |
|
|
Health, Housing and Community Services Legislation Amendment Act 1992 |
88, 1992 |
30 June 1992 |
Ss. 49-59, 65 and 67: 1 Jan 1992 (zj) |
Ss. 61(2) and 71(2) |
|
as amended by |
|
|
|
|
|
Health and Community Services Legislation Amendment Act 1993 |
12, 1994 |
18 Jan 1994 |
-- |
|
|
Health and Community Services Legislation Amendment Act 1992 |
136, 1992 |
11 Nov 1992 |
Ss. 38, 39(a), 41, 43, 44(d) and 49: 12 May 1954 (see
s. 2(2) and Gazette 1954, p. 1179) |
|
|
Health and Community Services Legislation Amendment Act (No. 2) 1992 |
192, 1992 |
21 Dec 1992 |
Ss. 3-6: 28 Apr 1993 |
|
|
as amended by |
|
|
|
|
|
Health and Community Services Legislation Amendment Act 1993 |
12, 1994 |
18 Jan 1994 |
S. 6: (zm) |
-- |
|
200, 1992 |
21 Dec 1992 |
S. 19 (in part): Royal Assent |
-- |
|
|
Health and Community Services Legislation Amendment Act (No. 3) 1992 |
204, 1992 |
21 Dec 1992 |
21 Dec 1992 |
-- |
|
230, 1992 |
24 Dec 1992 |
S. 32: 20 Mar 1993 (zn) |
-- |
|
|
28, 1993 |
9 June 1993 |
9 June 1993 |
||
|
61, 1993 |
3 Nov 1993 |
S. 17: 1 July 1994 (zo) |
-- |
|
|
Health and Community Services Legislation Amendment Act (No. 2) 1993 |
76, 1993 |
25 Nov 1993 |
Part 5 (ss. 18-21): Royal Assent (zp) |
S. 20(2) |
|
as amended by |
|
|
|
|
|
Human Services and Health Legislation Amendment Act (No. 3) 1995 |
149, 1995 |
16 Dec 1995 |
Schedule 2 (item 5): 25 Nov 1993 (zq) |
-- |
|
106, 1993 |
22 Dec 1993 |
1 Jan 1994 |
S. 3 |
|
|
as amended by |
|
|
|
|
|
Human Services and Health Legislation Amendment Act (No. 2) 1994 |
116, 1994 |
16 Sept 1994 |
S. 3: 1 Jan 1994 (zr) |
-- |
|
Health and Community Services Legislation Amendment Act 1993 |
12, 1994 |
18 Jan 1994 |
Part 6 (ss. 18-31): (zs) |
-- |
|
as amended by |
|
|
|
|
|
Human Services and Health Legislation Amendment Act (No. 3) 1995 |
149, 1995 |
16 Dec 1995 |
Schedule 2 (item 6): (zt) |
-- |
|
Health Legislation (Professional Services Review) Amendment Act 1994 |
22, 1994 |
16 Feb 1994 |
1 July 1994 |
S. 15 |
|
23, 1994 |
16 Feb 1994 |
-- |
||
|
63, 1994 |
19 May 1994 |
S. 33: 20 Mar 1993 (zu) |
-- |
|
|
78, 1994 |
21 June 1994 |
-- |
||
|
80, 1994 |
23 June 1994 |
S. 13: Royal Assent (zw) |
-- |
|
|
Health Legislation (Powers of Investigation) Amendment Act 1994 |
85, 1994 |
23 June 1994 |
21 July 1994 |
S. 2 (rep. by 19, 1996, Sch. 1 [item 1]) |
|
as amended by |
|
|
|
|
|
Health Legislation (Powers of Investigation) Amendment Act 1996 |
19, 1996 |
28 June 1996 |
28 June 1996 |
-- |
|
Human Services and Health Legislation Amendment Act (No. 2) 1994 |
116, 1994 |
16 Sept 1994 |
S. 3: (zx) |
-- |
|
Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act (No. 2) 1994 |
164, 1994 |
16 Dec 1994 |
S. 27 (items 2-5): 20 Mar 1995 (zy) |
-- |
|
Social Security (Parenting Allowance and Other Measures) Legislation Amendment Act 1994 |
174, 1994 |
16 Dec 1994 |
S. 5(2) (item 39): 1 Jan 1995 (zz) |
-- |
|
Student Assistance (Youth Training Allowance--Transitional Provisions and Consequential Amendments) Act 1994 |
184, 1994 |
23 Dec 1994 |
1 Jan 1995 (zza) |
-- |
|
Evidence (Transitional Provisions and Consequential Amendments) Act 1995 |
3, 1995 |
23 Feb 1995 |
S. 14: Royal Assent (zzb) |
S. 14 |
|
24, 1995 |
31 Mar 1995 |
S. 3 (items 1-25, 27-44): 1 Apr 1995 |
S. 3 (item 45) |
|
|
Health Legislation (Private Health Insurance Reform) Amendment Act 1995 |
41, 1995 |
29 May 1995 |
S. 5: 1 Oct 1995 |
|
|
as amended by |
|
|
|
|
|
Human Services and Health Legislation Amendment Act (No. 3) 1995 |
149, 1995 |
16 Dec 1995 |
Schedule 2 (item 17): Royal Assent (zzc) |
-- |
|
43, 1996 |
25 Oct 1996 |
Schedule 3 (item 28): 29 May 1995 (zzd) |
-- |
|
|
Social Security (Non‑Budget Measures) Legislation Amendment Act 1995 |
105, 1995 |
29 Sept 1995 |
Ss. 50-53: Royal Assent (zze) |
-- |
|
Health and Other Services (Compensation) (Consequential Amendments) Act 1995 |
132, 1995 |
14 Nov 1995 |
1 Feb 1996 (see s. 2 and Gazette 1996, No. GN2) |
-- |
|
Human Services and Health Legislation Amendment Act (No. 3) 1995 |
149, 1995 |
16 Dec 1995 |
Schedule 1 (items 69-78) and Schedule 2
(items 19, 21, 22): Royal Assent (zzf) |
Sch. 1 (item 78) |
|
Human Services and Health Legislation Amendment Act (No. 2) 1995 |
164, 1995 |
16 Dec 1995 |
Schedule (items |
-- |
|
Social Security and Veterans' Affairs Legislation Amendment Act 1995 |
1, 1996 |
9 Jan 1996 |
Schedule 10 (Part 1): 20 Mar 1996 (zzg) |
-- |
|
43, 1996 |
25 Oct 1996 |
Schedule 2 (items 76, 77): (zzh) |
-- |
|
|
National Health (Budget Measures) Amendment Act 1996 |
79, 1996 |
19 Dec 1996 |
Schedule 2 (item 1): 2 Jan 1997 |
-- |
|
Social Security Legislation Amendment (Budget and Other Measures) Act 1996 |
84, 1996 |
23 Dec 1996 |
Schedule 14 (items 4, 5) and Schedule 16 (item 3): 1 July 1997 (zzi) |
-- |
|
Commonwealth Services Delivery Agency (Consequential Amendments) Act 1997 |
29, 1997 |
17 Apr 1997 |
1 July 1997 (see s. 2) |
-- |
|
Health Legislation Amendment (Private Health Insurance Incentives) Act 1997 |
45, 1997 |
22 Apr 1997 |
22 Apr 1997 |
-- |
|
114, 1997 |
7 July 1997 |
Schedule 1: (zzj) |
Sch. 1 (items 45A, 49A) (ad. by 132, 1999, Sch. 5 [items 3, 4]) [see Table A] |
|
|
as amended by |
|
|
|
|
|
132, 1999 |
13 Oct 1999 |
Schedule 5: (items 3, 4): (zzja) |
-- |
|
|
152, 1997 |
24 Oct 1997 |
Schedule 2 (items 963-972): 1 Jan 1998 (see Gazette 1997, No. GN49) (zzk) |
-- |
|
|
Veterans' Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997 |
157, 1997 |
3 Nov 1997 |
Schedule 7: 1 Dec 1997 (zzl) |
-- |
|
Social Security Legislation Amendment (Parenting and Other Measures) Act 1997 |
197, 1997 |
11 Dec 1997 |
Schedule 1 (items 345, 346): 20 Mar 1998 (zzm) |
Sch. 1 (item 346) [see Table A] |
|
19, 1998 |
17 Apr 1998 |
Schedule 3 (items 2, 3): 1 May 1998 (zzn) |
-- |
|
|
37, 1998 |
24 Apr 1998 |
Schedules 1-3, Schedule 4 (items 1-14)
and Schedules 5, 6, 9 and Schedule 10 (items 5, 8, 11): Royal
Assent (zzo) |
Sch. 2 (items 8-11) |
|
|
Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 |
45, 1998 |
17 June 1998 |
Schedule 13 (items 43-47): 1 July 1998 (zzp) |
Sch. 13 (item 46) |
|
48, 1998 |
29 June 1998 |
Schedule 1 (item 121): 1 July 1998 ( see Gazette 1998, No. S310) (zzq) |
-- |
|
|
1998 Budget Measures Legislation Amendment (Social Security and Veterans' Entitlements) Act 1998 |
116, 1998 |
11 Dec 1998 |
Schedule 3 (Part 2): 1 July 1999 (zzr) |
-- |
|
Assistance for Carers Legislation Amendment Act 1999 |
13, 1999 |
9 Apr 1999 |
Schedule 2 (items 43-49) and Schedule 3 (items 3, 4): 1 July 1999 (zzs) |
Sch. 3 (items 3, 4) [see Table A] |
|
21, 1999 |
19 Apr 1999 |
Schedules 1 and 2: 20 Oct 1999 |
Sch. 1 (items 3, 15) [see Table A] |
|
|
35, 1999 |
31 May 1999 |
Schedule 1: 1 Dec 1999 |
-- |
|
|
Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 |
44, 1999 |
17 July 1999 |
Schedule 6 (item 26) and Schedule 7 (item 122): (zzt) |
S. 3(2)(e) (am. by 160, 2000, Sch. 4 [item 4]) |
|
as amended by |
|
|
|
|
|
160, 2000 |
21 Dec 2000 |
Schedule 1 (item 21): Royal Assent |
-- |
|
|
A New Tax System (Compensation Measures Legislation Amendment) Act 1999 |
68, 1999 |
8 July 1999 |
Schedule 3: 1 July 2000 (zzu) |
-- |
|
118, 1999 |
22 Sept 1999 |
22 Sept 1999 |
Sch. 2 (item 44) [see Table A] |
|
|
130, 1999 |
13 Oct 1999 |
1 July 2000 |
S. 4 [see Table A] |
|
|
Public Employment (Consequential and Transitional) Amendment Act 1999 |
146, 1999 |
11 Nov 1999 |
Schedule 1 (items 628-637): 5 Dec 1999 (see Gazette 1999, No. S584) (zzv) |
-- |
|
156, 1999 |
24 Nov 1999 |
Schedule 10 (items 96-98): 13 Mar 2000 (see Gazette 2000, No. S114) (zzw) |
-- |
|
|
159, 1999 |
8 Dec 1999 |
Schedule 1 and Schedule 2 (items 1-51): 1 Jan 2000 (see Gazette 1999, No. S635) (zzx) |
Sch. 1 (items 13, 21, 51, 52) |
|
|
72, 2000 |
27 June 2000 |
11 Aug 2000 (see Gazette 2000, No. S435) |
S. 4 [see Table A] |
|
|
75, 2000 |
28 June 2000 |
Schedule 1 (items 1, 3-9, |
Sch. 1 (items 9, 12) [see Table A] |
|
|
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 |
137, 2000 |
24 Nov 2000 |
Ss. 1-3 and Schedule 1 (items 1, 4, 6, 7, |
Sch. 2 (items 418, 419) [see Table A] |
|
National Health Amendment (Improved Monitoring of Entitlements to Pharmaceutical Benefits) Act 2000 |
146, 2000 |
11 Dec 2000 |
Schedule 2: 1 Jan 2001 |
-- |
|
6, 2001 |
21 Mar 2001 |
Schedule 1: 8 June 2001 (see Gazette 2001,
No. S193) |
Ss. 4 and 5 [see Table A] |
|
|
Corporations (Repeals, Consequentials and Transitionals) Act 2001 |
55, 2001 |
28 June 2001 |
Ss. 4-14 and Schedule 3 (items 340-389): 15 July 2001 (see Gazette 2001, No. S285) (zzza) |
Ss. 4-14 [see Note 1] |
|
Social Security Legislation Amendment (Concession Cards) Act 2001 |
80, 2001 |
30 June 2001 |
1 July 2001 |
-- |
|
Health and Aged Care Legislation Amendment (Application of Criminal Code) Act 2001 |
111, 2001 |
17 Sept 2001 |
17 Sept 2001 |
S. 4 [see Table A] |
|
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001 |
159, 2001 |
1 Oct 2001 |
29 Oct 2001 |
Sch. 1 (item 97) [see Table A] |
|
63, 2002 |
3 July 2002 |
Schedule 1 (item 22): (zzzb) |
-- |
|
|
Health Legislation Amendment (Private Health Industry Measures) Act 2002 |
76, 2002 |
8 Oct 2002 |
Schedule 1 (items 1-7): Royal Assent |
-- |
|
133, 2002 |
19 Dec 2002 |
1 Jan 2003 |
-- |
|
|
National Health Amendment (Private Health Insurance Levies) Act 2003 |
69, 2003 |
15 July 2003 |
1 July 2004 |
Sch. 1 (item 29) [see Table A] |
|
Health Legislation Amendment (Private Health Insurance Reform) Act 2004 |
1, 2004 |
27 Feb 2004 |
Schedule 1 (items 1-27): 1 July 2004 ( see Gazette 2004, S125) |
Sch. 1 (items 17, 54, 59, 64, 73) |
|
as amended by |
|
|
|
|
|
31, 2005 |
21 Mar 2005 |
Schedule 2: (see 31, 2005 below) |
-- |
|
|
17, 2004 |
23 Mar 2004 |
24 Mar 2004 |
-- |
|
|
50, 2004 |
21 Apr 2004 |
Schedule 1 (items 1-4, 7-22, 24-35): Royal
Assent |
Sch. 1 (items 10, 35) [see Table A] |
|
|
Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 |
52, 2004 |
27 Apr 2004 |
Schedule 3 (items 30-32): 1 July 2004 ( see s. 2(1)) |
-- |
|
Medical Indemnity Legislation Amendment (Run‑off Cover Indemnity and Other Measures) Act 2004 |
77, 2004 |
23 June 2004 |
Schedule 2 (item 16): 1 July 2004 |
-- |
|
Health Legislation Amendment (Podiatric Surgery and Other Matters) Act 2004 |
117, 2004 |
13 July 2004 |
Schedule 1 (item 6): Royal Assent |
-- |
|
as amended by |
|
|
|
|
|
Health Legislation Amendment (Australian Community Pharmacy Authority) Act 2005 |
60, 2005 |
26 June 2005 |
Schedule 1 (item 1): (see 60, 2005 below) |
-- |
|
National Health Amendment (Pharmaceutical Benefits--Budget Measures) Act 2004 |
119, 2004 |
13 July 2004 |
Schedule 1: 1 Jan 2005 |
Sch. 1 (item 24) [see Table A] |
|
9, 2005 |
22 Feb 2005 |
22 Feb 2005 |
Sch. 2 (item 3) [see Table A] |
|
|
31, 2005 |
21 Mar 2005 |
Schedule 1: 31 Oct 2005 (see F2005L02548) |
Sch. 1 (items 8, 12) [see Table A] |
|
|
Health Legislation Amendment (Australian Community Pharmacy Authority) Act 2005 |
60, 2005 |
26 June 2005 |
Schedule 1 (item 1):
(zzzc) |
-- |
|
111, 2005 |
6 Sept 2005 |
Schedule 2 (items 551-605): 1 Oct 2005 |
-- |
|
|
Medical Indemnity Legislation Amendment (Competitive Neutrality) Act 2005 |
126, 2005 |
19 Oct 2005 |
Schedule 1 (item 14): 1 July 2005 |
-- |
|
140, 2005 |
18 Nov 2005 |
Schedule 1: 1 Jan 2006 (see F2005L04086) |
Sch. 1 (item 9) [see Table A] |
|
|
National Health Amendment (Budget Measures--Pharmaceutical Benefits Safety Net) Act 2005 |
151, 2005 |
14 Dec 2005 |
Schedule 1 (items 3-11, 13) and Schedule 2
(items 8, 9): 1 Jan 2006 |
Sch. 1 (item 13) [see Table A] |
|
155, 2005 |
19 Dec 2005 |
Schedule 2: 20 Dec 2005 |
-- |
|
|
Health Legislation Amendment (Pharmacy Location Arrangements) Act 2006 |
37, 2006 |
3 May 2006 |
Schedule 1 (items 3, 4) and Schedule 2: 1 July 2006 |
Sch. 2 (item 13) [see Table A] |
|
National Health and Medical Research Council Amendment Act 2006 |
50, 2006 |
9 June 2006 |
Schedule 1: 1 July 2006 |
-- |
|
Health Legislation Amendment (Private Health Insurance) Act 2006 |
83, 2006 |
30 June 2006 |
1 July 2006 |
-- |
|
99, 2006 |
14 Sept 2006 |
14 Sept 2006 |
-- |
|
|
105, 2006 |
27 Sept 2006 |
27 Sept 2006 |
-- |
|
|
Australian Participants in British Nuclear Tests (Treatment) (Consequential Amendments and Transitional Provisions) Act 2006 |
136, 2006 |
30 Nov 2006 |
Schedules 1 and 2: 1 Dec 2006 (see s. 2(1)) |
Sch. 2 (items 1, 2) [see Table A] |
|
160, 2006 |
11 Dec 2006 |
Schedule 1 (items 4-7): 12 Dec 2006 |
-- |
|
|
8, 2007 |
15 Mar 2007 |
Schedule 4 (item 21): Royal Assent |
-- |
|
|
Private Health Insurance (Transitional Provisions and Consequential Amendments) Act 2007 |
32, 2007 |
30 Mar 2007 |
Schedule 1 (items 6-59) and Schedule 2 (items 81-103): 1 Apr 2007 (see s. 2(1)) |
[see Note 1] |
|
National Health Amendment (Pharmaceutical Benefits Scheme) Act 2007 |
111, 2007 |
28 June 2007 |
1 Aug 2007 |
Sch. 1 (items |
|
National Health Amendment (National HPV Vaccination Program Register) Act 2007 |
135, 2007 |
20 Aug 2007 |
20 Aug 2007 |
-- |
|
National Health Amendment (Pharmaceutical Benefits) Act 2007 |
169, 2007 |
28 Sept 2007 |
Schedule 1 (items 12, 13, 36, 43): 1 Jan 2008 |
Sch. 2 (item 21) [see Table A] |
|
180, 2007 |
28 Sept 2007 |
Schedule 1 (items 1-3, 5): 1 April 2007 |
-- |
|
|
National Health Amendment (Pharmaceutical Benefits Scheme) Act 2008 |
49, 2008 |
25 June 2008 |
Schedule 2: 26 June 2008 |
Sch. 1 (item 6), Sch. 3 (item 3) and Sch. 4 (item 6) [see Table A] |
|
Same‑Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008 |
144, 2008 |
9 Dec 2008 |
Schedule 9 (items 15-29): 1 Jan 2009 |
-- |
|
Customs Legislation Amendment (Name Change) Act 2009 |
33, 2009 |
22 May 2009 |
Schedule 2 (items 43-45): 23 May 2009 |
-- |
|
Fair Work (State Referral and Consequential and Other Amendments) Act 2009 |
54, 2009 |
25 June 2009 |
Schedule 11 (items 5-9): (zzzf) |
-- |
|
National Health Amendment (Pharmaceutical and Other Benefits--Cost Recovery) Act 2009 |
71, 2009 |
22 July 2009 |
Schedule 1: 1 July 2008 |
-- |
(a) The National Health Amendment Act 1976 was amended by section 3 only of the Administrative Changes (Consequential Provisions) Act 1976, subsection 2(5) of which provides as follows:
(5) The amendment of the National Health Amendment Act 1976 made by this Act shall come into operation on the day on which this Act receives the Royal Assent.
(b) The National Health Act 1953 was amended by section 3 only of the Administrative Changes (Consequential Provisions) Act 1976, subsection 2(7) of which provides as follows:
(7) The amendments of each other Act specified in the Schedule made by this Act shall be deemed to have come into operation on 22 December 1975.
(c) Sections 3, 5-7 and 15 of the National Health Amendment Act 1978 were repealed by subsection 44(2) of the National Health Amendment Act (No. 2) 1978 before a date was fixed for their commencement.
(d) The National Health Act 1953 was amended by Part IX (section 177) only of the Commonwealth Functions (Statutes Review) Act 1981, subsection 2(1) of which provides as follows:
(1) Parts I, IV, IX, X, XI, XII, XIII, XV, XVII (other than sections 220, 221, 222, 223, 225, 226, 227, 228 and 230), XX, XXI, XXII and XXIII shall come into operation on the day on which this Act receives the Royal Assent.
(e) The National Health Act 1953 was amended by Part XIV (sections 48 and 49) and section 68 only of the Statute Law (Miscellaneous Amendments) Act 1981, subsections 2(8) and (12) of which provide as follows:
(8) Parts XII and XIV shall be deemed to come into operation on 1 September 1981.
(12) The remaining provisions of this Act shall come into operation on the twenty‑eighth day after the day on which this Act receives the Royal Assent.
(f) Sections 10, 11 and 41 of the Health Legislation Amendment Act 1982 were repealed by section 29 of the Health and Community Services Legislation Amendment Act 1991 before a date was fixed for their commencement.
(g) The National Health Act 1953 was amended by Part LXXVII (section 280) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2(1) of which provides as follows:
(1) Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI, XXXVI, XLIV, LI, LIII, LIV, LXI and LXXVII shall come into operation on the day on which this Act receives the Royal Assent.
(h) The National Health Act 1953 was amended by sections 24-57 only of the Health Legislation Amendment Act (No. 2) 1983, subsections 2(1), (2), (7), (9) and (10) of which provide as follows:
(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(2) Subsection 4(2) and sections 25 and 52 shall come into operation, or shall be deemed to have come into operation, as the case requires, on 1 December 1983.
(7) Subsections 6(2) and (4), 7(2) and (4), sections 8, 9 and 12 and subsections 28(2) and (8) shall come into operation on 1 February 1984.
(9) Part III, section 34, subsections 35(3), (4), (9), (10) and (11), 36(2), 38(2), 40(2), (3) and (4) and 41(2), section 48, subsections 50(2), 54(2), (3) and (5) and 55(2), section 60, subsections 61(3), (8), (9) and (10), 62(2), 66(2), 69(2) and (3) and 72(2) and section 74 shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation.
(10) Subsections 35(1) and 62(1) shall be deemed to have come into operation on 1 January 1975.
In pursuance of subsection 2(9), subsections 35(4), 40(2)-(4), 41(2), 54(3) and (5) of the Health Legislation Amendment Act (No. 2) 1983 were repealed by section 41 of the Nursing Homes and Hostels Legislation Amendment Act 1986 before a date was fixed for their commencement.
(i) The Health Legislation Amendment Act (No. 2) 1983 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2(11) of which provides as follows:
(11) The amendment of the Health Legislation Amendment Act (No. 2) 1983 made by this Act shall come into operation, or be deemed to have come into operation, as the case requires, on the commencement of subsection 40(2) of that Act.
In pursuance of subsection 2(11), section 40(2) was repealed by section 41 of the Nursing Homes and Hostels Legislation Amendment Act 1986 before a date was fixed for the commencement.
(j) The Health Legislation Amendment Act (No. 2) 1983 was amended by Part V (sections 40 and 41) only of the Nursing Homes and Hostels Legislation Amendment Act 1986, subsection 2(5) of which provides as follows:
(5) The remaining provisions of this Act shall come into operation on the day on which it receives the Royal Assent.
(k) The National Health Act 1953 was amended by subsection 151(1) only of the Public Service Reform Act 1984, subsection 2(4) of which provides as follows:
(4) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation.
(l) The National Health Act 1953 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.
(m) The National Health Act 1953 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2(29) of which provides that section 9 and the amendments made to the National Health Act 1953 (other than the amendments made by this Act to subsections 105AAA(1), (2), (4), (5) and (6) and paragraphs 105AC(1AA)(a) and (b) and (1B)(a) of that Act), shall come into operation on the day fixed by Proclamation for the purposes of subsection 2(20) of that Act.
Subsection 2(15) of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984 provides as follows:
(15) The amendments of subsections 105AAA(1), (2), (4), (5) and (6) and paragraphs 105AC(1AA)(a) and (b) and (1B)(a) of the National Health Act 1953 made by this Act shall be deemed to have come into operation on 23 July 1984.
In pursuance of subsection 2(20) the date of commencement was 13 December 1984 (see Gazette 1984, No. S519).
(n) The National Health Act 1953 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.
(p) The National Health Act 1953 was amended by Part XI (sections 60-62) only of the Social Security and Repatriation Legislation Amendment Act 1985, subsection 2(5) of which provides as follows:
(5) Part XI shall come into operation, or shall be deemed to have come into operation, as the case requires, immediately after the commencement of section 12 of the Health Legislation Amendment Act 1984.
Section 12 commenced on 1 July 1985 (see Gazette 1985, No. S235).
(q) The National Health Act 1953 was amended by sections 7-11 only of the Social Security and Repatriation (Budget Measures) Amendment Act 1985, subsections 2(1), (2) and (5) of which provide as follows:
(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(2) Section 9 and subsection 10(1) shall be deemed to have come into operation on 1 July 1985.
(5) Sections 8, 11, 13 to 28, inclusive, 36, 41, 42, 43, 44, 46, 48, 49, 50, 52, 60, 61, 62 and 68 to 74, inclusive, and subsections 45(1), 57(1), 63(1), 66(1) and 67(1) shall come into operation, or shall be deemed to have come into operation, as the case requires, on 1 November 1985.
(r) The National Health Act 1953 was amended by sections 57-71 only of the Health Legislation Amendment Act 1986, subsections 2(1), (2) and (5) of which provide as follows:
(1) Section 1, this section, section 3, subsection 19(2), section 23, subsection 47(1), section 53, Part III, section 57, sections 61 to 71 (inclusive) and Parts V and VI shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent.
(2) Subsection 4(2) and sections 58 and 59 shall come into operation, or be deemed to have come into operation, as the case requires, on 1 July 1986.
(5) Section 60 shall be deemed to have come into operation on 16 February 1979.
(s) The Health Legislation Amendment Act (No. 2) 1986 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection 2(16) of which provides as follows:
(16) The amendments of section 46 of,
and Schedules 1 and 2 to, the Health Legislation Amendment Act (No. 2)
1986 made by this Act shall be respectively deemed to have come into
operation on the commencement of sections 46 and 37 of the
first‑mentioned Act.
(t) The National Health Act 1953 was amended by sections 6-23 only of the Nursing Homes and Hostels Legislation Amendment Act 1986, subsections 2(4) and (5) of which provide as follows:
(4) Sections 7, 16, 17, 21 and 22, subsection 25(2) and sections 34, 35, 37 and 38 shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation.
(5) The remaining provisions of this Act shall come into operation on the day on which it receives the Royal Assent.
In pursuance of subsection 2(4), section 22 was repealed by section 16 of the Community Services and Health Legislation Amendment Act 1991 before a date was fixed for the commencement.
(u) The National Health Act 1953 was amended by sections 11 and 12 only of the Social Security and Veterans' Affairs Legislation Amendment Act (No. 4) 1989, section 2 of which provides as follows:
2. Each provision of this Act commences, or is to be taken to have commenced, as the case requires, on the day, or at the time, shown by the note in italics at the foot of that provision.
(v) The National Health Act 1953 was amended by sections 3-11 only of the Social Welfare Legislation (Pharmaceutical Benefits) Amendment Act 1990, section 2 of which provides as follows:
2. Each provision of this Act commences on the day shown by the note in italics at the foot of that provision.
(w) The National Health Act 1953 was amended by sections 19-31 only of the Community Services and Health Legislation Amendment Act 1990, section 2 of which provides as follows:
2. Each provision of this Act commences, or is taken to have commenced, on the day, or at the time, shown by the note in italics at the foot of that provision.
Commencement of paragraph 22(a) provides as follows:
Immediately after the commencement of paragraph 5(c) of the Social Welfare Legislation (Pharmaceutical Benefits) Amendment Act 1990.
Paragraph 5(c) commenced on 1 November 1990.
Commencement of section 24 provides as follows:
Immediately after the commencement of paragraph 8(b) of the Social Welfare Legislation (Pharmaceutical Benefits) Amendment Act 1990.
Paragraph 8(b) commenced on 1 January 1991.
Commencement of section 28 provides as follows:
Immediately after the commencement of section 11 of the Social Welfare Legislation (Pharmaceutical Benefits) Amendment Act 1990.
Section 11 commenced on 1 February 1991.
(x) The National Health Act 1953 was amended by sections 48-74 only of the Community Services and Health Legislation Amendment Act (No. 2) 1990, subsections 2(1)-(3) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) Section 49 is taken to have commenced on 1 March 1990.
(3) Paragraph 51(b) and sections 56 to 71 (inclusive) commence on 1 January 1991.
(y) The National Health Act 1953 was amended by Part 6 (sections 91-93) only of the Social Security Legislation Amendment Act 1990, section 2 of which provides as follows:
2. Each provision of this Act commences, or is taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of the provision.
(z) Section 2 of the Social Security (Job Search and Newstart) Amendment Act 1991 provides as follows:
2. This Act commences immediately after the commencement of the Social Security Act 1991.
The Social Security Act 1991 came into operation on 1 July 1991.
(za) Section 2 of the Social Security (Rewrite) Transition Act 1991 provides as follows:
2. This Act commences immediately after the Social Security Act 1991 commences.
The Social Security Act 1991 came into operation on 1 July 1991.
(zb) Subsection 2(2) of the Veterans' Entitlements (Rewrite) Transition Act 1991 provides as follows:
2. Section 19 commences immediately after the commencement of section 22.
Section 22 commenced on 1 July 1991.
(zc) The National Health Act 1953 was amended by Part 5 (sections 41 and 42) only of the Social Security Legislation Amendment Act (No. 2) 1991, subsection 2(5) of which provides as follows:
(5) Parts 5 and 6 are taken to have commenced on 1 March 1991.
(zd) Section 2 of the Social Security (Rewrite) Amendment Act 1991 provides as follows:
2. This Act commences immediately after the Social Security (Rewrite) Transition Act 1991 and the Social Security (Job Search and Newstart) Amendment Act 1991 commence.
The Social Security (Rewrite) Transition Act 1991 and the Social Security (Job Search and Newstart) Amendment Act 1991 came into operation on 1 July 1991, immediately after the commencement of the Social Security Act 1991.
(ze) The Health Legislation (Pharmaceutical Benefits) Amendment Act 1991 was amended by the Human Services and Health Legislation Amendment Act (No. 3) 1995, subsection 2(7) of which provides as follows:
(7) Item 16 of Schedule 2 is taken to have commenced immediately before the commencement of section 13 of the Health Legislation (Pharmaceutical Benefits) Amendment Act 1991.
Section 13 commenced on 1 August 1991 (see Gazette 1991, No. S209).
(zf) The National Health Act 1953 was amended by sections 3-9 only of the Veterans' Affairs Legislation Amendment Act (No. 2) 1991, section 2 of which provides as follows:
2. Each provision of this Act commences, or is taken to have commenced, as the case requires, on the day, or at the time, shown by the note in italics at the foot of the provision.
(zg) The Health and Community Services Legislation Amendment Act 1991 was amended by the Human Services and Health Legislation Amendment Act (No. 3) 1995, subsection 2(4) of which provides as follows:
(4) Item 4 of Schedule 2 is taken to have commenced on the commencement of section 43 of the Health and Community Services Legislation Amendment Act 1991.
(zh) The National Health Act 1953 was amended by Part 6 (section 87) only of the Veterans' Affairs Legislation Amendment Act 1992, subsection 2(5) of which provides as follows:
(5) Part 6 is taken to have commenced on 1 March 1991.
(zi) The National Health Act 1953 was amended by section 117 and Schedule 2 (Part 2) only of the Social Security Legislation Amendment Act 1992, subsections 2(1)(f) and (4) of which provide as follows:
(1) The following provisions commence on the day on which this Act receives the Royal Assent:
(f) Part 3;
(4) Part 2 of Schedule 1 and Part 2 of Schedule 2 are taken to have commenced on 1 July 1991.
(zj) The National Health Act 1953 was amended by sections 49-67 and Part 7 (sections 68-81) only of the Health, Housing and Community Services Legislation Amendment Act 1992, subsections 2(1) and (6) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(6) Part 6 (other than sections 60 to 64 (inclusive) and section 66) is taken to have commenced on 1 January 1992.
(zk) The Health, Housing and Community Services Legislation Amendment Act 1992 was amended by Part 4 (sections 8 and 9) only of the Health and Community Services Legislation Amendment Act 1993, subsection 2(3) of which provides as follows:
(3) Part 4 is taken to have commenced immediately after the commencement of section 63 of the Health, Housing and Community Services Legislation Amendment Act 1992.
Section 63 commenced on 30 June 1992.
(zl) Subsection 2(7) of the Health and Community Services Legislation Amendment Act (No. 2) 1992 provides as follows:
(7) Part 6 is taken to have commenced immediately after the commencement of section 11 of the National Health Amendment Act 1987.
Section 11 commenced on 26 May 1987.
(zm) The Health and Community Services Legislation Amendment Act (No. 2) 1992 was amended by sections 6 and 7 only of the Health and Community Services Legislation Amendment Act 1993, subsections 2(1) and (2) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) Section 6 is taken to have commenced immediately after the commencement of section 2 of the Health and Community Services Legislation Amendment Act (No. 2) 1992.
Section 2 commenced on 21 December 1992.
(zn) The National Health Act 1953 was amended by section 32 and Schedule 3 (Part 2) only of the Social Security Legislation Amendment Act (No. 3) 1992, subsections 2(8)(a) and (10) of which provide as follows:
(8) The following provisions commence on 20 March 1993:
(a) Divisions 2, 3, 5 and 8 of Part 2 (except sections 20, 23, 24 and 25 and paragraphs 41(b) and (c));
(10) Division 10 of Part 2 and Part 2 of Schedule 3 commence on 1 April 1993.
(zo) The National Health Act 1953 was amended by section 17 only of the Social Security Legislation Amendment Act (No. 2) 1993, subsection 2(5) of which provides as follows:
(5) Part 3 commences on 1 July 1994.
(zp) The National Health Act 1953 was amended by Part 5 (sections 18-21) only of the Health and Community Services Legislation Amendment Act (No. 2) 1993, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(zq) The Health and Community Services Legislation Amendment Act (No. 2) 1993 was amended by the Human Services and Health Legislation Amendment Act (No. 3) 1995, subsection 2(5) of which provides as follows:
(5) Item 5 of Schedule 2 is taken to have commenced on the commencement of section 19 of the Health and Community Services Legislation Amendment Act (No. 2) 1993.
(zr) The National Health Amendment Act (No. 2) 1993 was amended by section 3 only of the Human Services and Health Legislation Amendment Act (No. 2) 1994, subsection 2(6) of which provides as follows:
(6) The amendment made by this Act to the National Health Amendment Act (No. 2) 1993 is taken to have commenced on 1 January 1994, immediately after the commencement of that Act.
(zs) The National Health Act 1953 was amended by Part 6 (sections 18-31) only of the Health and Community Services Legislation Amendment Act 1993, subsection 2(4) of which provides as follows:
(4) Part 6 commences immediately after the commencement of the National Health Amendment Act 1992 as provided under subsection 2(1) of that Act.
The National Health Amendment Act 1992 came into operation on 1 July 1993.
(zt) The Health and Community Services Legislation Amendment Act 1993 was amended by the Human Services and Health Legislation Amendment Act (No. 3) 1995, subsection 2(6) of which provides as follows:
(6) Item 6 of Schedule 2 is taken to have commenced immediately before the commencement of section 24 of the Health and Community Services Legislation Amendment Act 1993.
Section 24 commmenced on 1 July 1993.
(zu) The National Health Act 1953 was amended by section 33 only of the Social Security Legislation Amendment Act 1994, subsection 2(6) of which provides as follows:
(6) Section 33 and Part 6 of Schedule 4 are taken to have commenced on 20 March 1993.
(zv) The National Health Act 1953 was amended by sections 8 and 9 only of the Veterans' Affairs Legislation Amendment Act 1994, subsection 2(3) of which provides as follows:
(3) Part 2 commences, or is taken to have commenced, on 1 July 1994, immediately after the commencement of Part 3 of the Social Security Legislation Amendment Act (No. 2) 1993.
(zw) The National Health Act 1953 was amended by section 13 only of the Human Services and Health Legislation Amendment Act 1994, subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(zx) The National Health Act 1953 was amended by section 3 only of the Human Services and Health Legislation Amendment Act (No. 2) 1994, subsections 2(1), (4) and (5) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(4) The amendment made by this Act to section 103 of the National Health Act 1953 commences on 1 December 1994.
(5) The amendment made by this Act to subsection 84C(1AA) of the National Health Act 1953 commences on 1 January 1995.
(zy) The National Health Act 1953 was amended by section 27 (items 2-5) only of the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act (No. 2) 1994, subsection 2(3) of which provides as follows:
(3) Divisions 3 and 7 of Part 2 commence on 20 March 1995, immediately after the commencement of Divisions 6 and 7 of Part 2 of the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994.
(zz) The National Health Act 1953 was amended by the Social Security (Parenting Allowance and Other Measures) Legislation Amendment Act 1994, subsections 2(1) and (3) of which provide as follows:
(1) Subject to this section, this Act commences on 1 July 1995.
(3) Item 39 of Schedule 3 commences on 1 January 1995, and subsection 5(2) is taken to commence on that day to the extent necessary in order to enable that item to commence on that day.
(zza) Section 2 of the Student Assistance (Youth Training Allowance--Transitional Provisions and Consequential Amendments) Act 1994 provides as follows:
(2) This Act commences on 1 January 1995 immediately after the commencement of the Student Assistance (Youth Training Allowance) Amendment Act 1994.
(zzb) The National Health Act 1953 was amended by sections 14, 15 and 27 only of the Evidence (Transitional Provisions and Consequential Amendments) Act 1995, subsections 2(1), (12) and (13) of which provide as follows:
(1) This Part and Parts 2 and 3 commence on the day on which this Act receives the Royal Assent.
(12) Sections 25 and 26 of this Act commence on the day on which section 3 of the Evidence Act 1995 commences.
(13) Section 27 of this Act and the Schedule to this Act commence:
(a) on the day on which sections 153 and 155 of the Evidence Act 1995 commence; or
(b) if those sections commence on different days--the first day on which both of those sections are in force.
(zzc) The Health Legislation (Private Health Insurance Reform) Amendment Act 1995 was amended by Schedule 2 (item 17) only of the Human Services and Health Legislation Amendment Act (No. 3) 1995, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(zzd) The Health Legislation (Private Health Insurance Reform) Amendment Act 1995 was amended by Schedule 3 (item 28) only of the Statute Law Revision Act 1996, subsection 2(3) of which provides as follows:
(3) Each item in Schedule 3 is taken to have commenced when the Act containing the provision amended by the item received the Royal Assent.
(zze) The National Health Act 1953 was amended by sections 50-53 only of the Social Security (Non‑Budget Measures) Legislation Amendment Act 1995, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(zzf) The National Health Act 1953 was amended by Schedule 1 (items 69-78) and Schedule 2 (items 19-22) only of the Human Services and Health Legislation Amendment Act (No. 3) 1995, subsections 2(1) and (9) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(9) Item 20 of Schedule 2 is taken to have commenced immediately before the commencement of Schedule 2 to the Health Legislation (Private Health Insurance Reform) Amendment Act 1995.
Schedule 2 commenced on 1 October 1995.
(zzg) The National Health Act 1953 was amended by Schedule 10 only of the Social Security and Veterans' Affairs Legislation Amendment Act 1995, subsections 2(3)(b), (4)(c) and (5)(c) of which provide as follows:
(3) The following provisions commence, or are taken to have commenced, on 20 March 1996:
(b) Part 1 of Schedule 10.
(4) The following provisions commence, or are taken to have commenced, on 1 July 1996:
(c) Part 2 of Schedule 10;
(5) The following provisions commence, or are taken to have commenced, on 20 September 1996:
(c) Part 3 of Schedule 10;
(zzh) The National Health Act 1953 was amended by Schedule 2 (items 76 and 77) and Schedule 4 (item 102) only of the Statute Law Revision Act 1996, subsections 2(1) and (2) of which provide as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(2) Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item.
Items 76 and 77 are taken to have commenced immediately after the commencement of Schedule 3 to the Competition Policy Reform Act 1995.
Schedule 3 to the Competition Policy Reform Act 1995 commenced on 6 November 1995 (see Gazette 1995, No. S423).
(zzi) The National Health Act 1953 was amended by Schedule 14 (items 4 and 5) and Schedule 16 (item 3) only of the Social Security Legislation Amendment (Budget and Other Measures) Act 1996, subsection 2(4) of which provides as follows:
(4) Schedules 1, 2, 14, 15 and 16 commence on 1 July 1997.
(zzj) The National Health Act 1953 was amended by Schedules 1 and 6 only of the Aged Care (Consequential Provisions) Act 1997, subsections 2(1) and (5) of which provide as follows:
(1) Subject to this section, this Act commences immediately after the commencement of the Aged Care Act 1997 (other than Division 1 of that Act).
(5) Schedule 6 commences on 1 July 1998.
The Aged Care Act 1997 (other than Division 1) commenced on 1 October 1997.
(zzja) The Aged Care Consequential Provisions) Act 1997 was amended by Schedule 5 (items 3 and 4) only of the Aged Care Amendment (Omnibus) Act 1999, subsection 2(4) of which provides as follows:
(4) Items 3 and 4 of Schedule 5 are taken to have commenced immediately after the commencement of Schedule 1 to the Aged Care (Consequential Provisions) Act 1997.
Schedule 1 commences immediately after the commencement of sections 2-1 to 96-13 and Schedule 1 of the Aged Care Act 1997.
Sections 2-1 to 96-13 and Schedule 1 commenced on 1 October 1997 (see Gazette 1997, No. GN36).
(zzk) The National Health Act 1953 was amended by Schedule 2 (items 963-972) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:
(2) Schedules 1, 2 and 4 commence on the same day as the Fianancial Management and Accountability Act 1997.
(zzl) The National Health Act 1953 was amended by Schedule 7 only of the Veterans' Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997, subsection 2(8) of which provides as follows:
(8) Schedules 5 and 7 commence on the 28th day after the day on which this Act receives the Royal Assent.
(zzm) The National Health Act 1953 was amended by Schedule 1 (item 345) only of the Social Security Legislation Amendment (Parenting and Other Measures) Act 1997, subsection 2(2) of which provides as follows:
(2) Part 3 of Schedule 1 commences on 1 July 1998. The remaining items of Schedule 1 commence on 20 March 1998.
(zzn) The National Health Act 1953 was amended by Schedule 3 only of the Health Legislation Amendment Act 1998, subsections 2(1) and (4) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(4) Items 2 and 3 of Schedule 3 commence on 1 May 1998.
(zzo) The National Health Act 1953 was amended
by Schedules 1-6, 9 and Schedule 10
(items 4-11) only of the Health Legislation Amendment Act (No. 2)
1998, subsections 2(1), (2) and (5)-(8) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) Part 2 of Schedule 4 commences on 1 July 1998.
(5) Item 4 of Schedule 10 is taken to have commenced on 16 December 1995, immediately after the commencement of item 74 of Schedule 1 to the Human Services and Health Legislation Amendment Act (No. 3) 1995.
(6) Items 6 and 7 of Schedule 10 are taken to have commenced on 29 May 1995, immediately after the commencement of Schedule 1 to the Health Legislation (Private Health Insurance Reform) Amendment Act 1995.
(7) Item 9 of Schedule 10 is taken to have commenced on 16 December 1995, immediately after the commencement of item 22 of Schedule 2 to the Human Services and Health Legislation Amendment Act (No. 3) 1995.
(8) Item 10 of Schedule 10 is taken to have commenced on 1 January 1997, immediately after the commencement of Schedule 3 to the National Health (Budget Measures) Amendment Act 1996.
(zzp) The National Health Act 1953 was amended by Schedule 13 (items 43-47) only of the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998, subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) to (10), this Act commences on 1 July 1998.
(zzq) The National Health Act 1953 was amended by Schedule 1 (item 121) only of the Financial Sector Reform (Consequential Amendments) Act 1998, subsection 2(2) of which provides as follows:
(2) Subject to subsections (3) to (14), Schedules 1, 2 and 3 commence on the commencement of the Australian Prudential Regulation Authority Act 1998.
(zzr) The National Health Act 1953 was amended by Schedule 3 (Part 2) only of the 1998 Budget Measures Legislation Amendment (Social Security and Veterans' Entitlements) Act 1998, subsection 2(4) of which provides as follows:
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