Commonwealth Numbered Acts

Health Legislation Amendment Act 1983 No. 54 of 1983 - SECT 8

8. After section 5J of the Principal Act the following section is inserted:
Certain persons in Australia to be treated as eligible persons, &c.

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

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

''(3) The Minister may, by order in writing, declare that, notwithstanding
anything contained in this Act, a specified person, or every person included
in a specified class of persons, being a person who, but for this sub-section,
would not be an Australian resident for the purposes of section 21, shall, or
shall in specified circumstances in which he is outside Australia, be treated
as if he were an Australian resident for those purposes.

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

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

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

''(7) An order made under this section shall be deemed not to be a statutory
rule within the meaning of the Statutory Rules Publication Act 1903, but
sub-sections 5 (3) to (3C) (inclusive) of that Act apply in relation to an
order in like manner as they apply in relation to a statutory rule.

''(8) For the purposes of the application of sub-section 5 (3B) of the
Statutory Rules Publication Act 1903, in accordance with sub-section (7), the
reference in that first-mentioned sub-section to the Minister of State for
Administrative Services shall be read as the reference to the Minister
administering this Act.''.