Commonwealth Numbered Acts

HEALTH AND OTHER SERVICES (COMPENSATION) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 132 of 1995 - SCHEDULE

                                 SCHEDULE                   Section 3

AMENDMENTS OF ACTS
Health Insurance Act 1973 1. Subsection 18(4): Omit "Where", substitute
"Subject to subsection (4A), where". 2. After subsection 18(4): Insert:

"(4A) A direction under subsection (4) cannot be made on or after the day on
which the Health and Other Services (Compensation) Act 1995 commences.". 3.
Subsection 130(25) (definition of "officer"): Omit "under, or in relation to,
this Act", substitute ", under or in relation to this Act or the
Health Insurance Commission Act 1973". Health Insurance Commission Act 1973 4.
After paragraph 3A(1)(b): Insert:

"(ba) an offence against the Health and Other Services  (Compensation) Act
1995 ; or". 5. Paragraph 3A(1)(c): Omit "or Part VII of the
National Health Act 1953", substitute ", Part VII of the
National Health Act 1953 or the Health and Other Services  (Compensation) Act
1995 ". 6. Subsection 3A(2): Omit "Divisions 2 and 3", substitute "Division
2". 7. After subsection 3A(2): Insert:

"(2A) For the purposes of Division 3 of Part IID, a relevant offence is:

   (a)  an offence against section 128A, 128B, 129, 129AA or 129AAA of the
        Health Insurance Act 1973; or

   (b)  an offence against subsection 84L(1) or (2) or section 103 of the
        National Health Act 1953; or

   (c)  an offence against the Health and Other Services (Compensation)  Act
        1995 ; or

   (d)  an offence against section 6, 7 or 7A or paragraph 86(1)(a) of the
        Crimes Act 1914 that relates to an offence referred to in paragraph
        (a), (b) or (c); or

   (e)  an offence against subsection 29A(1) or (2), section 29B, 29C, 29D or
        30, paragraph 67(b) or (e) or section 86A of the Crimes Act  1914 that
        is an offence relating to a claim for payment in respect of the
        rendering of a professional service; or

   (f)  an offence against section 6, 7 or 7A of the Crimes Act 1914 that
        relates to an offence referred to in paragraph (e).". 8. Subsection
        3A(3): Omit "paragraph (2)(d)", substitute "paragraphs (2)(d) and
        (2A)(e)". 9. After section 8C: Insert: Administration of the
        Health and Other Services (Compensation) Act  1995 etc.

"8D. The functions of the Commission include administering the
Health and Other Services (Compensation) Act 1995, the Health and  Other
Services (Compensation) Care Charges Act 1995 and the Health and Other
Services (Compensation) Administration Fee Act 1995.". 10. Subsection 41B(1):

   (a)  After "Part IIB" insert "of this Act or section 40 of the Health and
        Other Services (Compensation) Act 1995".

   (b)  After "section 42" insert "of this Act".
National Health Act 1953 11. Subsection 59(4): Omit "Where", substitute
"Subject to subsection (4A), where". 12. After subsection 59(4): Insert:

"(4A) A direction under subsection (4) cannot be made on or after the day on
which the Health and Other Services (Compensation) Act 1995 commences.".