Commonwealth Numbered Acts

HEALTH INSURANCE AMENDMENT ACT (No. 2) 1978 No. 133 of 1978 - SECT 3

3. (1) Section 3 of the Principal Act is amended-

(a) by inserting in sub-section (1), after the definition of ''approved bed'',
the following definition:

'' 'approved form' means a form approved by the Minister, by writing signed by
him, for the purposes of the provision in which the expression occurs;'';

   (b)  by omitting the definition of ''Australian resident'' in sub-section
        (1) and substituting the following definition:

'' 'Australian resident' means a person who is residing in Australia and
includes-

   (a)  a person whose domicile is in Australia, other than a person in
        respect of whom the Minister is satisfied that the person's permanent
        place of abode is outside Australia; and

   (b)  a person who has been in Australia, whether continuously or
        intermittently, during more than one-half of the year ending on the
        day on which the question whether he is or is not an Australian
        resident arises, other than a person in respect of whom the Minister
        is satisfied that-

        (i)    the person's usual place of abode is outside Australia; and

        (ii)   the person does not intend to take up residence in Australia,

but does not include a person who is-

   (c)  the head of a diplomatic mission, or the head of a consular post,
        established in Australia;

   (d)  a member of the staff of a diplomatic mission, or a member of the
        consular staff of a consular post, established in Australia; or

   (e)  a member of the family of a person referred to in paragraph (c) or
        (d), being a member who forms part of the household of that person,

being a person who is not an Australian citizen and is not a person to whom
paragraph (a) or (b) applies;'';

   (c)  by omitting from sub-section (1) the definition of ''Commission'' and
        substituting the following definition:

'' 'Commonwealth medical benefit' means a Commonwealth medical benefit under
Part II;'';

   (d)  by inserting in sub-section (1), after the definition of ''dental
        practitioner'', the following definition:

'' 'Department' means the Department of Health;'';

   (e)  by adding at the end of sub-paragraph (i) of paragraph (c) of the
definition of ''dependant'' in sub-section (1) ''but is under the age of 25
years'';

(f) by inserting in sub-section (1), after the definition of ''hospital'', the
following definition:

'' 'hospital insured person' means a person who is deemed to be a
hospital insured person for the purposes of this Act by virtue of sub-section
3A (1);'';

   (g)  by omitting from sub-section (1) the definition of ''medical
        benefit'';

   (h)  by inserting in sub-section (1), after the definition of ''medical
        practitioner'', the following definitions:

'' 'medically insured person' means a person who is deemed to be a medically
insured person for the purposes of this Act by virtue of sub-section 3A (2);

'month' means a month of the year;'';

   (j)  by inserting in sub-section (1), after the definition of ''pathology
        service'', the following definition:
'' 'Permanent Head' means the Permanent Head of the Department;'';

   (k)  by omitting from sub-section (1) the definition of ''privately insured
        person'';

   (l)  by inserting in sub-section (1), after the definition of ''registered
        nurse'', the following definition:

'' 'registered person' means a person registered with a registered
medical benefits organization in accordance with the procedures maintained by
that organization in accordance with an agreement in force under section
20C;'';

   (m)  by inserting after sub-section (1) the following sub-section:

''(1A) In this Act, unless the contrary intention appears, a word or phrase
defined for the purposes of the National Health Act 1953 has the meaning that
it would have if used in that Act.''; and

   (n)  by omitting sub-sections (7), (8) and (8A).

(2) Where, immediately before the commencement of paragraph (1) (e), a
dependant of an eligible pensioner was a person who had attained the age of 25
years, that person shall, on and after the commencement of that paragraph,
continue to be treated as a dependant of that eligible pensioner for the
purposes of the Health Insurance Act 1973 notwithstanding the amendment made
by that paragraph.