Commonwealth Numbered Acts

HEARING SERVICES ACT 1991 No. 169 of 1991 - SECT 5

5.(1) For the purposes of this Act, an eligible person is:

   (a)  a person that holds a card issued by the Commonwealth and known as a
        Pensioner Health Benefits Card, a Health Benefits Card, a Red Service
        Pensioner Benefits Card, a Yellow Personal Treatment Entitlement Card
        or a White Specific Treatment Entitlement Card, other than a person
        who only holds such a card for purposes connected with the obtaining
        of treatment for an injury, disease or condition that does not involve
        hearing loss; or

   (b)  a person who is dependant, within the meaning of the National Health 
        Act 1953 , of a person of a kind mentioned in paragraph (a) of this
        subsection; or

   (c)  a person under 21 years of age; or

   (d)  a member of the Australian Defence Force; or

   (e)  a person whom the Commission for the Safety, Rehabilitation and
        Compensation of Commonwealth Employees has, in the performance of its
        functions or the exercise of its powers under the
        Commonwealth Employees'  Rehabilitation and Compensation Act 1988,
        referred to the Authority for medical treatment (within the meaning of
        that Act); or

   (f)  a person referred to the Authority in connection with the provision of
        a service under a rehabilitation program under Part III of the
        Disability Services Act 1986 ; or

   (g)  a person:

   (i)  who is an officer or employee within the meaning of the Public Service
        Act 1922, or a member of the staff of a body that is a Commonwealth
        authority within the meaning of that Act; and

   (ii) who is referred to the Authority by the Commonwealth for purposes
        relating to a medical examination of the person by the Commonwealth in
        connection with the person's employment; or

   (h)  a person included in a class of persons that the Minister determines,
        in writing, to be eligible persons for the purposes of this Act.

(2) A determination under paragraph (1)(h) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act 1901.