Commonwealth Numbered Acts

NATIONAL HEALTH AMENDMENT ACT 1994 No. 23, 1994 - SCHEDULE

SCHEDULE
FURTHER AMENDMENTS OF PART VD OF THE PRINCIPAL ACT
Paragraph 65C(2)(c):
Omit "has received, or missed out on receiving, a fee-determining benefit in
respect of the investigation period", substitute:

"has, in respect of the investigation period:

        (i)    received a fee-reducing benefit; or

        (ii)   missed out on receiving fee-increasing benefit;".
Paragraph 65C(2)(d):
Omit "has received, or missed out on receiving (as the case may be), a
fee-determining benefit-", substitute:

"has:

        (i)    received a fee-reducing benefit; or

        (ii)   missed out on receiving fee-increasing benefit;".
Paragraph 65E(c) and (d):
Omit the paragraphs, substitute the following paragraphs:

"(c) if the vendor or an earlier proprietor of that nursing home has received
a fee-reducing benefit-the amount of that benefit; and

   (ca) if the vendor or an earlier proprietor of that nursing home has missed
        out on receiving fee-increasing benefit-the amount of that benefit;
        and

   (d)  the means by which the amount of fee-reducing or fee-increasing
        benefit was calculated; and".
Paragraph 65F(1)(f):
Omit "received, or missed out on receiving a fee-determining benefit in
respect of the investigation period;", substitute:

", in respect of the investigation period:

        (i)    received a fee-reducing benefit; or

        (ii)   missed out on receiving fee-increasing benefit;".
Paragraph 65F(1)(g):
Omit "has received, or missed out on receiving (as the case may be), a
fee-determining benefit-", substitute:

"has:

        (i)    received a fee-reducing benefit; or

        (ii)   missed out on receiving fee-increasing benefit;".
Paragraph 65F(2)(c):
Omit "received, or missed out on receiving a fee-determining benefit in
respect of the investigation period;", substitute:

", in respect of the investigation period:

        (i)    received a fee-reducing benefit; or

        (ii)   missed out on receiving fee-increasing benefit;".
Paragraph 65F(2)(d):
Omit "received, or missed out on receiving (as the case may be), a
fee-determining benefit -", substitute:

": (i) received a fee-reducing benefit; or

        (ii)   missed out on receiving fee-increasing benefit;".
Paragraph 65G(3)(b):
Omit "received, or missed out on receiving a fee-determining benefit in
respect of the investigation period.", substitute:

", in respect of the investigation period:

        (i)    received a fee-reducing benefit; or

        (ii)   missed out on receiving fee-increasing benefit.".
Paragraph 65G(4)(b):
Omit "received, or missed out on receiving, a fee-determining benefit in
respect of the investigation period and, if the Secretary determines that
there is such an amount of fee-determining benefit, determine the amount of
it.", substitute:

", in respect of the investigation period:

        (i)    received a fee-reducing benefit; or

        (ii)   missed out on receiving fee-increasing benefit; and if the
               Secretary determines that there is such an amount of benefit,
               determine the amount of it.".
Subsection 65N(4)
Add at the end the following Note:

"Note: Subsection 65GU(4) directs the Secretary to apply money paid in
relation to a vendor's liability to pay nursing home charge:

   (a)  in the first instance-against the charge; and

   (b)  then-against any liability of the vendor in respect of an
        overpayment.".
Subparagraph 65U(2)(b)(ii):

   (a)  Omit "received, or missed out on receiving (as the case may be), a
        fee-determining benefit;", substitute "received a fee-reducing benefit
        or missed out on receiving fee-increasing benefit (as the case may
        be);".

   (b)  Omit "fee-determining benefit" (last occurring), substitute
        "fee-reducing benefit or fee-increasing benefit".