Commonwealth Numbered Acts

Health Legislation Amendment Act 1983 No. 54 of 1983 - SECT 4

4. (1) Section 3 of the Principal Act is amended by omitting from
sub-section (1) the definition of ''proprietor'' and substituting the
following definition:

'' 'proprietor', in relation to premises, means the person, authority or body
of persons having effective control of the premises, whether or not he or it
is the holder of an estate or interest in the premises;''.

(2) Section 3 of the Principal Act is amended-

         (a)  by omitting from the definition of ''agreement'' in sub-section
(1) ''section 30'' and substituting ''section 23F'';

         (b)  by omitting paragraph (a) of the definition of ''approved
pathology practitioner'' in sub-section (1);

         (c)  by omitting from sub-section (1) the definitions of ''Australian
resident'' and ''Commonwealth medical benefit'' and substituting the following
definitions:
'' 'Australian resident' means a person who is ordinarily resident in
Australia and includes a person domiciled in Australia but does not include a
person who is-

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

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

   (c)  a member of the family of a person referred to in paragraph (a) or
        (b), 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 domiciled
in Australia;

'' 'Commission' means the Health Insurance Commission established under the
Health Insurance Commission Act 1973;'';

   (d)  by omitting paragraph (a) of the definition of ''dependant'' in
        sub-section (1);

         (e)  by omitting from sub-section (1) the definition of ''eligible
pensioner'';

         (f)  by omitting from sub-section (1) the definitions of ''hospital''
and ''hospital insured person'' and substituting the following definition:

'' 'hospital' means a recognized hospital, a private hospital or a hospital
that is declared by the Minister, by writing signed by him, to be a hospital
for the purposes of this definition;'';

   (g)  by omitting from sub-section (1) the definition of ''medically insured
        person'' and substituting the following definition:

'' 'medicare benefit' means a medicare benefit under Part II;'';

         (h)  by omitting ''60 days commencing on or after 1 July 1979'' from
the definition of ''nursing-home type patient'' in sub-section (1) and
substituting ''35 days'';

   (j)  by inserting after the definition of ''Permanent Head'' in sub-section
        (1) the following definition:

'' 'person domiciled in Australia' means 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;'';

   (k)  by omitting from sub-section (1) the definition of ''private
        hospital'' and substituting the following definition:

'' 'private hospital' means-

   (a)  a private hospital within the meaning of Part III; or

   (b)  premises, not being a recognized hospital, included in a class of
        premises that, under an agreement, are to be taken to be
        private hospitals for the purposes of the agreement;'';

   (m)  by omitting from paragraph (c) of the definition of ''recognized
        hospital'' in sub-section (1) ''an internal Territory'' and
        substituting ''the Australian Capital Territory (including the Jervis
        Bay Territory)'';

   (n)  by omitting from sub-section (1) the definition of ''registered
        person'';

   (o)  by omitting from sub-section (7) ''who is an eligible pensioner or'';

   (p)  by omitting from sub-section (7) all the words after ''claim lodged
        before'' (first occurring) and substituting the following words and
        paragraphs:

''1 November 1982 and-

   (c)  if paragraph 4C (1) (a) applied to the person immediately before the
        day on which the person became such a disadvantaged person-the pension
        that was being paid to or in respect of the person was granted
        pursuant to a claim lodged before 1 November 1982; or

   (d)  if paragraph 4C (1) (b) applied to the person immediately before the
        day on which the person became such a disadvantaged person-the pension
        that would, if the person were not a person to whom paragraph 4C (1)
        (b) applied, have been payable to or in respect of the person, was
        granted pursuant to a claim lodged before 1 November 1982.'';

   (q)  by omitting sub-sections (8) and (9);

   (r)  by omitting from sub-section (10) ''sub-sections (7) and (9)'' and
        substituting ''sub-section (7)'';

   (s)  by omitting from sub-section (11) ''60'' and substituting ''35''; and

   (t)  by adding at the end thereof the following sub-sections:

''(15) For the purposes of the definition of 'recognized hospital' in
sub-section (1), 'State' includes the Northern Territory.

''(16) In approving a form for the purposes of the definition of 'approved
form' in sub-section (1), the Minister may specify a disc, tape, film or other
medium as the means by which the information to be contained in the form is to
be or may be set out.''.