Health Care (Appropriation) Amendment Act 2003 (Cth)

Health Care (Appropriation) Amendment Act 2003

No. 50, 2003

An Act to amend the Health Care (Appropriation) Act 1998, and for related purposes

Contents

Health Care (Appropriation) Amendment Act 2003

No. 50, 2003

An Act to amend the Health Care (Appropriation) Act 1998, and for related purposes

[Assented to 26 June 2003]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Health Care (Appropriation) Amendment Act 2003.

2Commencement

This Act commences on the day on which it receives the Royal Assent.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Health Care (Appropriation) Act 1998

1

Title

Omit “for the period of 5 years starting on 1 July 1998”.

2

Section 3

Insert:

appropriation period means:

1. (a)

   the period of 5 years starting on 1 July 1998; or

2. (b)

   the period of 5 years starting on 1 July 2003.

3

Section 3 (definition of eligible person)

Repeal the definition, substitute:

eligible person means:

1. (a)

   a person who is an eligible person as defined in subsection 3(1) of the Health Insurance Act 1973; or

2. (b)

   a person who is treated as an eligible person under section 6, 6A or 7 of that Act (but only to the extent to which the person is so treated).

4

Subsection 4(2)

Omit all the words after “during”, substitute “an appropriation period”.

5

Subsection 4(3)

Omit “exceed $31,800,000,000.”, substitute:

exceed:

1. (a)

   in respect of the appropriation period starting on 1 July 1998—$31,800,000,000; and

2. (b)

   in respect of the appropriation period starting on 1 July 2003—$42,010,000,000.

6

Subsection 4(5)

Omit “30 June 2003”, substitute “the end of an appropriation period”.

7

At the end of subsection 4(5)

Add “in respect of that appropriation period”.

8

Subsection 5(2)

Repeal the subsection, substitute:

1. (2)

   A grant of financial assistance under section 4 to a State in relation to a particular appropriation period is (in addition to the condition specified in section 6) subject to:

   1. (a)

      the conditions applicable to the grant that are specified in an agreement in force between the Commonwealth and the State for that appropriation period; or

   2. (b)

      if there is no agreement in force specifying the conditions applicable to the grant—the conditions determined by the Minister.

9

At the end of the Act

Add:

7Delegation

1. (1)

   The Minister may, by writing signed by him or her, delegate to an SES employee in the Department any of the Minister’s powers under:

   1. (a)

      paragraph 4(1)(b); and

   2. (b)

      subsections 5(1), 5(2) and 5(3), so far as they relate to financial assistance granted under paragraph 4(1)(b).

2. (2)

   The delegate is, in the exercise of a power delegated under subsection (1), subject to the directions of the Minister.

[Minister’s second reading speech made in—

House of Representatives on 14 May 2003

Senate on 16 June 2003]

(62/03)