Health Insurance Act 1973 (Cth)

Health Insurance Act 1973

No. 42, 1974

Compilation No. 130

Compilation date: 5 September 2025

Includes amendments: Act No. 38, 2025 and Act No. 40, 2025

This compilation is in 2 volumes

Volume 1:sections 1–106ZR

Volume 2: sections 124B–133

Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Health Insurance Act 1973 that shows the text of the law as amended and in force on 5 September 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act providing for Payments by way of Medical Benefits and Payments for Hospital Services and for other purposes

Part IPreliminary1Short title

This Act may be cited as the Health Insurance Act 1973.

2Commencement

This Act shall come into operation on the day on which it receives the Royal Assent.

3Interpretation

(1)
In this Act, unless the contrary intention appears:
ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
accredited pathology laboratory means premises in respect of which there is in force an approval under section 23DN.
accredited podiatrist means a podiatrist who is accredited by the Minister in writing under section 3AAA.
approved accreditor has the meaning given by paragraph 23DZZIAA(1)(b).
approved billing agent means a person or body in respect of whom an approval under section 20AB is in force.
approved form means a form approved by the Minister, by writing signed by him or her, for the purposes of the provision in which the expression occurs.
approved pathology authority means a person in respect of whom there is in force an undertaking given by the person, and accepted by the Minister, under section 23DF.
approved pathology practitioner means a person in respect of whom there is in force an undertaking given by the person, and accepted by the Minister, under section 23DC.
associate, of a person in relation to a professional service: see subsection 19AD(4).
Australia includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
Australian resident means a person who resides in Australia and who is:
1. (a)
  an Australian citizen; or
2. (b)
  a person who is, within the meaning of the Migration Act 1958, the holder of a permanent visa; or
3. (ba)
  a person who has been granted, or who is included in, a return endorsement or a resident return visa in force under the Migration Act 1958; or
4. (c)
  a New Zealand citizen who is lawfully present in Australia; or
5. (d)
  a person (not being a person referred to in paragraph (a), (b), (ba) or (c)) who is lawfully present in Australia and whose continued presence in Australia is not subject to any limitation as to time imposed by law; or
6. (f)
  a person who:
  1. (i)
    is, within the meaning of the Migration Act 1958, the holder of a temporary visa; and
  2. (ia)
    is not covered by regulations made under subsection 6A(1); and
  3. (ii)
    has applied for a permanent visa under that Act and the application has not been withdrawn or otherwise finally determined; and
  4. (iii)
    has not, both:
    (A)
    on or after the commencement of this paragraph, made an application for a protection visa under that Act (whether or not the person has applied for any other visa), other than an application that has been withdrawn or otherwise finally determined; and
    (B)
    whether before or after the commencement of this paragraph, made an application for a parent visa under that Act (whether or not the person has applied for any other visa and whether or not the application for the parent visa has been withdrawn or otherwise finally determined); and
  5. (iv)
    has not, whether before or after the commencement of this paragraph, made an application for a parent visa under that Act (whether or not the person has applied for any other visa), other than an application that has been withdrawn or otherwise finally determined; and
  6. (v)
    in respect of whom either:
    (A)
    another person, being the person’s spouse, parent or child (each having the same meaning as in the Migration Act 1958), is an Australian citizen or the holder of a permanent visa under that Act; or
    (B)
    an authority to work in Australia is in force.
Australian university has the same meaning as in the Higher Education Support Act 2003.
authorised representative has the same meaning as in the My Health Records Act 2012.
bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.
base for mobile diagnostic imaging equipment has the meaning given by section 23DZL.
base for mobile radiation oncology equipment has the meaning given by section 23DZZK.
Bonded Medical Program: see section 124ZD.
Bonded Medical Program rules: see section 124ZT.
bonded participant: see section 124ZE.
census date has the same meaning as in the Higher Education Funding Act 1988.
Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997.
Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.
chiropractor means a person who is registered under the National Law in the chiropractic profession.
civil penalty order means an order under subsection 125A(2).
civil penalty provision has the meaning given by section 125B.
clinically relevant service means a service rendered by a medical or dental practitioner or an optometrist that is generally accepted in the medical, dental or optometrical profession (as the case may be) as being necessary for the appropriate treatment of the patient to whom it is rendered.
complying health insurance policy has the meaning given by section 63‑10 of the Private Health Insurance Act 2007.
consultant physician, in relation to a particular specialty (other than general practice), means a medical practitioner in relation to whom there is in force a determination under section 3DB or 3E that the medical practitioner is recognised for the purposes of this Act as a consultant physician in that specialty.
course of study in medicine has the same meaning as in the Higher Education Support Act 2003.
dental benefit has the same meaning as in the Dental Benefits Act 2008.
dental practitioner means a person who is registered under the National Law in the dental profession.
diagnostic imaging accreditation scheme means a scheme established by the Minister under section 23DZZIAA.
diagnostic imaging equipment means equipment that is primarily used in the carrying out of a diagnostic imaging procedure.
diagnostic imaging premises has the meaning given by section 23DZM.
diagnostic imaging procedure means a procedure for the production of images (for example, X‑rays, computerised tomography scans, ultrasound scans, magnetic resonance imaging scans and nuclear scans) for use in the rendering of diagnostic imaging services.
Diagnostic Imaging Register means the Register kept under section 23DZK.
diagnostic imaging service means:
1. (a)
  an R‑type diagnostic imaging service; or
2. (b)
  an NR‑type diagnostic imaging service;
to which an item of the diagnostic imaging services table relates.
diagnostic imaging services table means the table prescribed under section 4AA.
eligible location means:
1. (a)
  an area prescribed by the Bonded Medical Program rules as a regional, rural or remote area; or
2. (b)
  an area prescribed by the Bonded Medical Program rules as an area of workforce shortage.
eligible midwife has the meaning given by section 21.
eligible nurse practitioner means a person who:
1. (a)
  is a nurse practitioner; and
2. (b)
  meets the requirements (if any) specified in the regulations for the purposes of this paragraph.
eligible overseas representative means a person who is:
1. (a)
  the head of a diplomatic mission of another country, or the head of a consular post of another country, established in Australia; or
2. (b)
  a member of the staff of such a diplomatic mission, or a member of the staff of such a consular post; or
3. (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 neither an Australian citizen nor a person domiciled in Australia but who, under an agreement between the Government of the Commonwealth and the Government of that other country, is to be treated, for the purpose of the provision of medical, hospital and other care, as if the person were an Australian resident.
eligible person means an Australian resident or an eligible overseas representative.
excessive pathology service means a pathology service:
1. (a)
  in respect of which medicare benefit has become or may become payable; and
2. (b)
  that is not reasonably necessary for the adequate medical or dental care of the patient concerned.
extended compliance determination has the meaning given by subsection 124ZUA(1).
finally determined has the same meaning as in the Migration Act 1958.
friendly society means:
1. (a)
  a body that is a friendly society for the purposes of the Life Insurance Act 1995; or
2. (b)
  a body that is registered or incorporated as a friendly society under a law of a State or Territory; or
3. (c)
  a body that is permitted, by a law of a State or Territory, to assume or use the expression friendly society; or
4. (d)
  a body that, immediately before the date that is the transfer date for the purposes of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999, was registered or incorporated as a friendly society under a law of a State or Territory.
general medical services table, means the table prescribed under section 4.
general practitioner means:
1. (a)
  a medical practitioner who is registered under the National Law in the specialty of general practice; or
2. (b)
  a medical practitioner of a kind prescribed by the regulations for the purposes of this paragraph.
guidance and appeals panel has the same meaning as in the Administrative Review Tribunal Act 2024.
guidance and appeals panel application has the same meaning as in the Administrative Review Tribunal Act 2024.
hospital has the meaning given by subsection 121‑5(5) of the Private Health Insurance Act 2007.
hospital service means a health service of a kind provided in a hospital and includes:
1. (a)
  accommodation in a hospital for the purposes of receiving treatment; and
2. (b)
  nursing care and treatment; and
3. (c)
  medical care and treatment including diagnostic services; and
4. (d)
  outpatient, accident and emergency services.
hospital‑substitute treatment has the same meaning as in the Private Health Insurance Act 2007.
hospital treatment has the meaning given by section 121‑5 of the Private Health Insurance Act 2007.
Human Services Department means the Department administered by the Human Services Minister.
Human Services Minister means the Minister administering the Human Services (Centrelink) Act 1997.
Immigration Department means the Department administered by the Minister administering the Migration Act 1958.
initiate, in relation to a pathology service or a diagnostic imaging service, means make the decision by reason of which the service is rendered.
item means an item in the table.
listed:
1. (a)
  in relation to diagnostic imaging equipment—has the meaning given by subsections 16D(4) and (5); and
2. (b)
  in relation to radiation oncology equipment—has the meaning given by subsections 16F(6) and (7).
medical entrepreneur has the meaning given by section 3B.
medical expenses means an amount payable in respect of a professional service.
medical practitioner means a person who is registered under the National Law in the medical profession.
medicare benefit means a medicare benefit under Part II.
medicare number has the same meaning as in subsection 84(1) of the National Health Act 1953.
medicare program has the same meaning as in the Human Services (Medicare) Act 1973.
midwife means a person who is registered under the National Law in the midwifery profession.
Migration Regulations means regulations made under the Migration Act 1958.
month means a month of the year.
My Health Record system has the same meaning as in the My Health Records Act 2012.
My Health Record System Operator means the System Operator within the meaning of the My Health Records Act 2012.
National Law means:
1. (a)
  for a State or Territory (other than Western Australia)—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld), as it applies (with or without modification) as a law of the State or Territory; or
2. (b)
  for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 (WA), so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld).
nominated representative has the same meaning as in the My Health Records Act 2012.
NR‑type diagnostic imaging service means a diagnostic imaging service corresponding to an item of the diagnostic imaging services table that is classified as an NR‑type service in the table.
nurse practitioner means a person who is registered under the National Law in the nursing profession as a nurse practitioner.
nursing care means nursing care given by or under the supervision of a registered nurse.
nursing‑home type patient, in relation to a hospital, means a patient in the hospital who has been provided with accommodation and nursing care, as an end in itself, for a continuous period exceeding 35 days.
optometrist means a person who is registered under the National Law in the optometry profession.
ordinarily located:
1. (a)
  in relation to diagnostic imaging premises—has a meaning affected by subsection 16D(6); and
2. (b)
  in relation to bases for mobile diagnostic imaging equipment—has a meaning affected by subsection 16D(8); and
3. (c)
  in relation to radiation oncology premises—has a meaning affected by subsection 16F(8); and
4. (d)
  in relation to bases for mobile radiation oncology equipment—has a meaning affected by subsection 16F(10).
organization means a society, body or group of persons, whether corporate or unincorporate.
osteopath means a person who is registered under the National Law in the osteopathy profession.
out‑patient service, in relation to a hospital, means a health service or procedure provided by the hospital to an eligible person other than a patient of the hospital.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
parent visa: a person has applied for a parent visa if:
1. (a)
  the person has applied for a permanent visa included in a class of visas under the Migration Regulations, being a class that has the word “parent” in its title; or
2. (b)
  before 1 November 1999 the person applied for a Change in Circumstance (Residence) (Class AG) visa, a Family (Residence) (Class AO) visa or a General (Residence) (Class AS) visa under the Migration Regulations and:
  1. (i)
    the person was nominated for the grant of that visa by a child of the person, being a child who was at least 18 years old when the application was made; or
  2. (ii)
    the person was included in an application made by a person covered by subparagraph (i).
participating midwife means:
1. (a)
  if the Minister has approved a common form of undertaking under section 21A—an eligible midwife in respect of whom there is in force an undertaking given by him or her and accepted by the Minister under section 21B; or
2. (b)
  otherwise—an eligible midwife.
participating nurse practitioner means:
1. (a)
  if the Minister has approved a common form of undertaking under section 22—an eligible nurse practitioner in respect of whom there is in force an undertaking given by him or her and accepted by the Minister under section 22A; or
2. (b)
  otherwise—an eligible nurse practitioner.
pathologist‑determinable service means a pathology service specified, or a pathology service included in a class of pathology services specified, in a determination in force under section 4BA.
pathology service means a medical service to which an item of the pathology services table relates.
pathology services table, means the table prescribed under section 4A.
patient, in relation to a hospital, does not include:
1. (a)
  a member of the staff of the hospital who is receiving treatment in his or her own quarters; or
2. (b)
  except as provided by subsection (2), a newly‑born child whose mother also occupies a bed in the hospital.
patient contribution means:
1. (b)
  in relation to a nursing‑home type patient of a recognized hospital in a State such amount as is determined by the Minister from time to time for the purposes of this paragraph with respect to that State;
2. (c)
  in relation to a nursing‑home type patient of a recognized hospital in an internal Territory, such amount as is determined by the Minister from time to time for the purposes of this paragraph in relation to that Territory; or
3. (d)
  in relation to a nursing‑home type patient of a private hospital in a State or internal Territory, such amount as is determined by the Minister from time to time for the purposes of this paragraph with respect to that State or Territory.
pecuniary penalty order means an order made under section 125A.
permanent visa has the same meaning as in the Migration Act 1958.
physiotherapist means a person who is registered under the National Law in the physiotherapy profession.
podiatrist means a person who is registered under the National Law in the podiatry profession.
practitioner means a medical practitioner or a dental practitioner.
prescribed pathology service means a pathology service specified, or a pathology service included in a class of pathology services specified, in a determination in force under section 4BB.
primary information:
1. (a)
  for the purposes of Division 4 of Part IIB—has the meaning given by section 23DZR; and
2. (b)
  for the purposes of Part IIC—has the meaning given by section 23DZZQ.
private health insurer has the same meaning as in the Private Health Insurance Act 2007.
private hospital means a hospital in respect of which there is in force a statement under subsection 121‑5(8) of the Private Health Insurance Act 2007 that the hospital is a private hospital.
private patient, in relation to a hospital, means a patient of the hospital who is not a public patient.
professional attention means:
1. (a)
  medical or surgical treatment by or under the supervision of a medical practitioner; or
2. (b)
  obstetric treatment by or under the supervision of a medical practitioner or a registered nurse with obstetric qualifications; or
3. (c)
  dental treatment by or under the supervision of a dental practitioner; or
4. (d)
  podiatric treatment by an accredited podiatrist.

professional service means:
1. (a)
  a service (other than a diagnostic imaging service) to which an item relates, being a clinically relevant service that is rendered by or on behalf of a medical practitioner; or
2. (b)
  a prescribed medical service to which an item relates, being a clinically relevant service that is rendered by a dental practitioner approved by the Minister in writing for the purposes of this definition; or
3. (c)
  a service to which an item relates, being a clinically relevant service that is rendered by an optometrist; or
4. (d)
  a pathology service that is rendered by or on behalf of an approved pathology practitioner pursuant to a request made in accordance with subsection 16A(4) by:
  1. (i)
    a treating practitioner; or
  2. (ii)
    another approved pathology practitioner who received a request for the service made by the treating practitioner; or
5. (e)
  a pathology service (other than a service referred to in paragraph (d)) that is a clinically relevant service rendered by or on behalf of an approved pathology practitioner other than a medical practitioner; or
6. (f)
  a diagnostic imaging service that is rendered by or on behalf of a medical practitioner pursuant to a subsection 16B(1) request; or
7. (g)
  a diagnostic imaging service (other than a service referred to in paragraph (f)) that is a clinically relevant service rendered by or on behalf of a medical practitioner.
Note: See subsection (17) for when a service is taken to be rendered on behalf of a medical practitioner.
proprietor:
1. (a)
  in relation to a pathology laboratory—means the person or authority having effective control of:
  1. (i)
    the laboratory premises, whether or not the holder of an estate or interest in the premises; and
  2. (ii)
    the use of equipment used in the laboratory; and
  3. (iii)
    the employment of staff in the laboratory; and
2. (b)
  in relation to diagnostic imaging premises or a base for mobile diagnostic imaging equipment—has the meaning given by section 23DZO; and
3. (c)
  in relation to radiation oncology premises or a base for mobile radiation oncology equipment—has the meaning given by section 23DZZN; and
4. (d)
  in relation to other premises—means the person, authority or body of persons having effective control of the premises, whether or not he or she or it is the holder of an estate or interest in the premises.
protection visa means a permanent or temporary visa included in a class of visas under the Migration Regulations, being a class that has the word “protection” in its title.
public hospital service means a hospital service provided in:
1. (a)
  a recognised hospital; or
2. (b)
  a hospital in respect of which the Commonwealth, or a State, provides funding for the provision of hospital services to public patients.
public patient, in relation to a hospital, means a patient in respect of whom the hospital provides comprehensive care, including all necessary medical, nursing and diagnostic services and, if they are available at the hospital, dental and paramedical services, by means of its own staff or by other agreed arrangements.
radiation oncology equipment means equipment that is primarily used in rendering a radiation oncology service.
radiation oncology premises has the meaning given by section 23DZZL.
Radiation Oncology Register means the Register kept under section 23DZZJ.
radiation oncology service has the meaning given by subsection 16F(2).
recognised hospital means a hospital in respect of which there is in force a statement under subsection 121‑5(8) of the Private Health Insurance Act 2007 that the hospital is a public hospital.
registered:
1. (a)
  in relation to diagnostic imaging premises—has the meaning given by subsection 16D(2); and
2. (b)
  in relation to a base for mobile diagnostic imaging equipment—has the meaning given by subsection 16D(3); and
3. (c)
  in relation to radiation oncology premises—has the meaning given by subsection 16F(4); and
4. (d)
  in relation to a base for mobile radiation oncology equipment—has the meaning given by subsection 16F(5).
registered nurse means a person who is registered under the National Law in the nursing profession as a registered nurse.
relevant dental benefits offence means:
1. (a)
  an offence against section 50, 51, 52, 53 or 54 of the Dental Benefits Act 2008; or
2. (b)
  an offence against:
  1. (i)
    section 6 of the Crimes Act 1914; or
  2. (ii)
    section 11.1, 11.4 or 11.5 of the Criminal Code;
that relates to an offence referred to in paragraph (a) of this definition; or
1. (c)
  an offence against section 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1, 144.1, 145.1, 145.4 or 145.5 of the Criminal Code that relates to a claim for payment in respect of the rendering of a dental service (within the meaning of the Dental Benefits Act 2008).
resolved, in relation to an application under section 19AE: see subsections 19AE(10) and (11).
return of service obligation: see section 124ZF.
RoSO compliance period means the period referred to in paragraph 124ZF(2)(a).
R‑type diagnostic imaging service means a diagnostic imaging service corresponding to an item of the diagnostic imaging services table that is classified as an R‑type service in the table.
Rural Health Minister means the Minister responsible for health in rural, regional or remote areas.
Secretary means the Secretary of the Department.
shares with the My Health Record system has the same meaning as in the My Health Records Act 2012.
specialist, in relation to a particular specialty (other than general practice), means a medical practitioner in relation to whom there is in force a determination under section 3DB or 3E that the medical practitioner is recognised for the purposes of this Act as a specialist in that specialty, or a medical practitioner who is taken to be so recognised under section 3D.
subsection 16B(1) request means a request of a kind referred to in subsection 16B(1).
table means the table consisting of:
1. (a)
  the general medical services table; and
2. (b)
  the pathology services table; and
3. (c)
  the diagnostic imaging services table.
upload exception applies: see subsection 19AD(3).
upload rules: see section 19AI.
Veterans’ Affairs Department means the Department administered by the Veterans’ Affairs Minister.
Veterans’ Affairs Ministermeans the Minister administering the Veterans’ Entitlements Act 1986.
(1A)
In this Act, unless the contrary intention appears, a word or phrase defined for the purposes of the National Health Act 1953 has the meaning that it would have if used in that Act.
(2)
For the purposes of this Act:
1. (a)
  a newly‑born child who occupies an approved bed in an intensive care facility in a hospital, being a facility approved by the Minister for the purposes of this subsection, for the purpose of the provision of special care shall be deemed to be a patient of the hospital; and
2. (b)
  where there are two or more newly born children of the same mother in a hospital and those children are not in‑patients of the hospital by virtue of paragraph (a)—each such child in excess of 1 shall be deemed to be a patient of the hospital.
(3)
Where an anaesthetic is administered to a patient:
1. (a)
  pre‑medication of the patient in preparation for the administration of the anaesthetic; and
2. (b)
  pre‑operative examination of the patient in preparation for the administration of the anaesthetic, being an examination carried out during the attendance at which the anaesthetic is administered;
shall, for the purposes of this Act, be deemed to form part of the professional service constituted by the administration of the anaesthetic.
(4)
Unless the contrary intention appears, a reference in this Act to a professional attendance or to an attendance is a reference to an attendance by a medical practitioner on a patient, including an attendance at the medical practitioner’s rooms or surgery.
(5)
Unless the Minister otherwise directs, a professional service, not being a service specified in an item in the general medical services table that is expressed to relate to a professional attendance by a medical practitioner (however described), a dental practitioner, an optometrist, a participating midwife or a participating nurse practitioner, shall be deemed to include all professional attendances necessary for the purposes of post‑operative treatment of the person to whom the professional service is rendered.
(5A)
For the purposes of this Act, a pathology service shall be deemed to include any necessary interpretation, analysis or reporting.
(5B)
For the purposes of this Act, a diagnostic imaging service is taken to include any necessary interpretation, analysis or reporting.
(5C)
For the purposes of this Act, if the descriptions of 2 diagnostic imaging services in the diagnostic imaging services table differ from each other only so far as one service is indicated to be an R‑type diagnostic imaging service and the other is indicated to be an NR‑type diagnostic imaging service, the first‑mentioned service is taken to be an R‑type diagnostic imaging service for which there is a corresponding NR‑type diagnostic imaging service.
(6)
Where a professional service rendered to a person includes a medical procedure that would, but for this subsection, itself be a professional service, that procedure shall, in respect of that person, be deemed not to be a professional service.
(14)
For the purposes of the definition of patient contribution in subsection (1), Norfolk Island is taken to form part of the State of New South Wales.
(15)
For the purposes of the definition ofrecognized hospital in subsection (1), State includes the Northern Territory.
(16)
In approving a form for the purposes of the definition of approved formin subsection (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.
(17)
For the purposes of this Act and the regulations, a service is taken to be rendered on behalf of a medical practitioner if, and only if:
1. (a)
  it is rendered by another person who is not a medical practitioner, and who provides the service, in accordance with accepted medical practice, under the supervision of the medical practitioner; and
2. (b)
  it is not a service of a kind specified in regulations made for the purposes of this paragraph.
(18)
If:
1. (a)
  a professional service prescribed by the regulations for the purposes of this paragraph is rendered by a medical practitioner who is a specialist trainee (see subsection (20)); and
2. (b)
  the specialist trainee renders the service under the supervision of another medical practitioner who is present at all times while the specialist trainee renders the service;
then, for the purposes of this Act and the regulations:
1. (c)
  the service is taken to have been rendered by the other medical practitioner; and
2. (d)
  the service is taken not to have been rendered by the specialist trainee.
(19)
The regulations may prescribe provisions of this Act and of the regulations to which subsection (18) does not apply.
(20)
In subsection (18):
specialist trainee has the meaning given by regulations made for the purposes of this subsection.

3AAAAccreditation of podiatrists

(1)
The Minister may, in accordance with guidelines determined under subsection (2), decide whether to accredit a podiatrist.
(2)
The Minister may, by legislative instrument:
1. (a)
  determine guidelines for making a decision as to whether a podiatrist is to be accredited; and
2. (b)
  from time to time, vary or revoke any guidelines so made.
(3)
A decision as to whether a podiatrist should be accredited must be made in accordance with the guidelines in force at the time the decision is made.
(5)
As soon as practicable after making a decision to accredit, or to refuse to accredit, a podiatrist, the Minister must notify the podiatrist, in writing, of that decision. If the decision is a decision to refuse to accredit, the notification must include reasons for the refusal.

3AABReview by Administrative Review Tribunal

If the Minister has made a decision refusing to accredit a podiatrist, application may be made to the Administrative Review Tribunal for review of the decision.

3AAApproved pathology practitioners to ensure proper supervision of pathology services

(1)
For the purposes of this Act, a pathology service is not taken to be rendered on behalf of an approved pathology practitioner unless the practitioner has arranged for proper supervision of the rendering of the service.
(2)
For the purposes of this Act, an approved pathology practitioner is not taken to have arranged for proper supervision of the rendering of a pathology service unless the practitioner:
1. (a)
  ensures that a properly qualified person supervises the rendering of the service; and
2. (b)
  has personal responsibility for the proper rendering of the service.
(3)
The question whether an approved pathology practitioner ensured that a properly qualified person supervised the rendering of a pathology service is to be determined in accordance with principles determined under subsection (4) by the Minister.
(4)
The Minister may, by legislative instrument, determine principles for the purposes of subsection (3).

3BMeaning of medical entrepreneur

For the purposes of this Act, a person is a medical entrepreneur if the person:
(a)
employs a person mentioned in an item in the following table to render a service mentioned in the item; or
(b)
is in a position to exercise control over a person mentioned in an item in the table rendering a service mentioned in the item; or
(c)
leases, or otherwise makes available, to another person mentioned in an item in the table premises at which the other person renders a service mentioned in the item; or
(d)
receives or obtains any property, benefit or advantage from the rendering of a service mentioned in an item in the table by a person mentioned in the item.

Item	Column 1 Person	Column 2 Service
1	practitioner	medical service
2	participating midwife	midwifery service
3	participating nurse practitioner	nurse practitioner service

3CHealth service not specified in an item

(1)
The Minister may, by legislative instrument, determine that:
1. (a)
  a specified health service, or a health service included in a specified class of health services, being a health service not specified in an item in the table, shall, or shall in specified circumstances, be treated, for the purposes of specified provisions of this Act, the regulations, the National Health Act 1953 or the regulations under that Act, as if:
  1. (i)
    the health service were whichever of the following is specified in the determination, namely:
    (A)
    both a professional service and a medical service;
    (B)
    a medical service; and
  2. (ii)
    there were an item in the general medical services table, the pathology services table or the diagnostic imaging services table that:
    (A)
    related to the health service; and
    (B)
    specified in respect of the health service a fee in relation to a State, being the fee and the State specified in the determination in relation to the health service; and
2. (b)
  a specified provision of the regulations, a specified instrument made under or given pursuant to this Act or a specified provision of a specified instrument made under or given pursuant to this Act, being a provision or instrument, as the case may be, in which all or any of the following are specified, namely, a professional service, medical service or item, shall, or shall in specified circumstances, have effect as if:
  1. (i)
    the health service; or
  2. (ii)
    the item that, by virtue of subparagraph (a)(ii), relates to the health service;
as the case requires, were also specified in the provision or instrument, as the case may be.
(2)
Subsection 12(2) of the Legislation Act 2003 does not apply to a determination under subsection (1) of this section.
Note: Subsection 12(2) of the Legislation Act 2003 is about the retrospective application of legislative instruments.
(2A)
A determination under subsection (1) may provide that the total of all amounts of medicare benefit paid or payable in respect of one or more eligible dental services provided to a person in a specified period must not exceed a specified amount.
(2B)
If a determination makes provision as mentioned in subsection (2A), medicare benefit is not payable, despite Part II, in respect of an eligible dental service provided to a person in the specified period to the extent that the total of all amounts of medicare benefit paid or payable for all such eligible dental services provided to the person in the specified period exceeds the specified amount.
(3)
A determination made under subsection (1) may make provision for and in relation to the specification of a matter or thing by applying, adopting or incorporating, with or without modification, the provisions of this Act or the regulations as in force at a particular time or as in force from time to time.
(7)
For the purposes of this section, an internal Territory shall be deemed to form part of the State of New South Wales.
(7A)
For the purposes of this section, Norfolk Island is taken to form part of the State of New South Wales.
(8)
In this section:
eligible dental service means:
1. (a)
  dental treatment; and
2. (b)
  a health service described in paragraph (d) of the definition of health service.
health service means:
1. (a)
  medical, surgical, obstetric, dental or optometrical treatment; and
2. (b)
  any other prescribed service, or service included in a prescribed class of services, whether or not related to treatment referred to in paragraph (a), that relates to health; and
3. (d)
  the supply of prostheses in connection with dental treatment;
but does not include the supply of any other prostheses.
service includes the supply of goods.

3DRecognition as specialists of members of certain organisations on advice from the organisation

(1)
A medical practitioner is taken to be recognised as a specialist in a particular specialty (other than general practice), for the purposes of this Act, if a relevant organisation in relation to the specialty gives the Chief Executive Medicare written notice stating that the medical practitioner meets the criteria for the specialty (see subsection (2)).
(2)
A medical practitioner meets the criteria for a specialty if the medical practitioner:
1. (a)
  is domiciled in Australia; and
2. (b)
  is a fellow of a relevant organisation in relation to the specialty (other than general practice); and
3. (c)
  has obtained, as a result of successfully completing an appropriate course of study, a relevant qualification in relation to the relevant organisation.
(3)
The Chief Executive Medicare must notify the medical practitioner as soon as reasonably practicable of his or her recognition as a specialist in the specialty (other than general practice).
(4)
This section does not limit section 3DB.
(5)
In this section:
relevant organisation, in relation to a specialty (other than general practice), means an organisation declared by the regulations to be a professional organisation in relation to the specialty.
relevant qualification, in relation to a relevant organisation, means a qualification declared by the regulations to be a relevant qualification in relation to the relevant organisation.

3DAPeriod of section 3D recognition

(1)
The recognition of a medical practitioner as a specialist in a particular specialty (other than general practice) under subsection 3D(1) has effect, or is taken to have had effect, on and from the day specified in the notice given to the medical practitioner under subsection 3D(3).
(2)
The day specified may be before the day on which the notice is given, but must not be before the day specified by the relevant organisation to be the day on which the medical practitioner first met the criteria for the specialty.
(3)
The recognition of a medical practitioner as a specialist in a specialty (other than general practice) under subsection 3D(1) ceases if:
1. (a)
  a relevant organisation in relation to the specialty gives the Chief Executive Medicare written notice stating that the medical practitioner no longer meets the criteria for the specialty, or has ceased to practise medicine in Australia; or
2. (b)
  the medical practitioner requests that he or she cease to be so recognised.
Note: A medical practitioner’s recognition as a specialist cannot cease under this subsection if that recognition is due to Schedule 3 to the Health and Ageing Legislation Amendment Act 2004.

3DBAlternative method of recognition as a specialist or consultant physician

(1)
A medical practitioner may apply to the Minister for a determination that the medical practitioner is a specialist or consultant physician in a particular specialty (other than general practice) if:
1. (a)
  the medical practitioner is domiciled in Australia; and
2. (b)
  the medical practitioner is registered under the National Law as a specialist in a particular specialty (other than general practice).
(2)
A medical practitioner may also apply to the Minister for a determination that the medical practitioner is a specialist or consultant physician in a particular specialty (other than general practice) if the medical practitioner meets the criteria for the specialty, within the meaning of subsection 3D(2).
(3)
An application under subsection (1) or (2) must be in writing.
(4)
After receiving an application under subsection (1) or (2), the Minister must:
1. (a)
  determine that the medical practitioner be recognised, for the purposes of this Act, as a specialist or consultant physician (as the case requires) in the specialty; and
2. (b)
  notify the medical practitioner, in writing, of his or her recognition as a specialist or consultant physician in the specialty.
(5)
A notification under paragraph (4)(b) is not a legislative instrument.

3DCPeriod of effect of determination

(1)
A determination under paragraph 3DB(4)(a) that a medical practitioner is recognised as a specialist or consultant physician in a particular specialty (other than general practice) has effect, or is taken to have had effect, on and from the day specified in the determination.
(2)
The day specified may be before the day on which the determination is made.
(3)
The determination ceases to have effect if:
1. (a)
  the medical practitioner ceases to be domiciled in Australia; or
2. (b)
  the medical practitioner ceases to practise medicine in Australia.
(4)
The Minister must revoke the determination if the medical practitioner requests that the Minister do so.

3ERecognition as consultant physicians etc. of certain medical practitioners

(1)
The Minister may make a determination in writing that a particular medical practitioner who is not domiciled in Australia should be recognised for the purposes of this Act for a specified period as a consultant physician, or as a specialist, in a particular specialty (other than general practice).
(2)
The Minister shall not make a determination under subsection (1) in relation to a medical practitioner except on application by the practitioner.
(2A)
A determination under subsection (1) has effect, or is taken to have had effect:
1. (a)
  on and from the day specified for the purpose by the Minister in the determination; or
2. (b)
  if no such day is specified—on and from the day on which the determination is made.
(2B)
A day specified under paragraph (2A)(a) may be a day that occurred before the day on which the determination is made.
(3)
The Minister may at any time revoke a determination made in relation to a medical practitioner under subsection (1) by giving a notice in writing to that effect to the medical practitioner.

3GARegister of Approved Placements

(1)
The purpose of this section is to provide for registration of certain medical practitioners in approved placements.
(2)
The Chief Executive Medicare is to establish and maintain a Register of Approved Placements.
(3)
The Register may be maintained in any form, including as a computer record.
(4)
A medical practitioner may apply to the Chief Executive Medicare for registration under this section.
(5)
If a medical practitioner makes an application and:
1. (a)
  a body specified in the regulations gives the Chief Executive Medicare written notice stating:
  1. (i)
    that the applicant is enrolled in, or undertaking, a course or program of a kind specified in the regulations; and
  2. (ii)
    the period over which, and the location in which, the applicant will be undertaking the course or program; or
2. (b)
  the applicant is, in accordance with the regulations, eligible for registration under this section;
the Chief Executive Medicare must, within the required period under subsection (6), enter the applicant’s name in the Register, together with the period in respect of which and the location in respect of which the applicant is registered.
(6)
The required period for the purposes of subsection (5) is:
1. (a)
  if a notice was given to the Chief Executive Medicare under paragraph (5)(a) in connection with the application:
  1. (i)
    the period of 14 days after the notice was received by the Chief Executive Medicare; or
  2. (ii)
    if the application was made after the notice was received—the period of 14 days after the application was received by the Chief Executive Medicare; or
2. (b)
  if no such notice was given—the period of 14 days after the application was received by the Chief Executive Medicare.
(7)
The Chief Executive Medicare must give the applicant written notice of the day on which the applicant’s name is to be entered in the Register.
(8)
The Chief Executive Medicare may give a body specified in regulations made for the purposes of paragraph (5)(a) information about the following matters, to the extent that those matters relate to persons about whom the body has given a notice under paragraph (5)(a):
1. (a)
  the current state of the Register;
2. (b)
  additions to the Register;
3. (c)
  deletions from the Register.

3GBRemoval from the Register

(1)
The Chief Executive Medicare must remove a medical practitioner’s name from the Register of Approved Placements if:
1. (a)
  the medical practitioner requests the Chief Executive Medicare to do so; or
2. (b)
  a body specified in regulations made for the purposes of paragraph 3GA(5)(a) gives the Chief Executive Medicare written notice that the medical practitioner (being a person about whom the body gave a notice under paragraph (5)(a)) is not enrolled in, or undertaking, the course or program in relation to which he or she was registered; or
3. (c)
  the regulations require that the medical practitioner’s name be removed from the Register.
(2)
Before removing the medical practitioner’s name from the Register, the Chief Executive Medicare must give the medical practitioner written notice that his or her name is to be removed.
(3)
The notice must specify the day on which the medical practitioner’s name is to be removed from the Register.
(4)
The day specified under subsection (3) must not be less than 14 days after the day on which the notice is given.

3GCUse of computer programs to manage Register of Approved Placements

(1)
The Chief Executive Medicare may arrange for the use, under the Chief Executive Medicare’s control, of computer programs for taking actions required by section 3GA or 3GB.
(2)
An action taken by the operation of a computer program under such an arrangement is taken to be an action by the Chief Executive Medicare.
(3)
The Chief Executive Medicare may substitute an action for an action the Chief Executive Medicare is taken to have made under subsection (2) if the Chief Executive Medicare is satisfied that the action taken by the operation of the computer program is incorrect.

4General medical services table

(1)
The regulations may prescribe a table of medical services (other than diagnostic imaging services and pathology services) that sets out the following:
1. (a)
  items of medical services;
2. (b)
  the amount of fees applicable in respect of each item;
3. (c)
  rules for interpretation of the table.
Note: See also section 4BAA (conditional specification of services in table items).
(3)
If:
1. (a)
  a person renders a professional service; and
2. (b)
  a claim is made for an amount to be paid under this Act in respect of the service; and
3. (c)
  the service is specified in an item in the general medical services table; and
4. (d)
  the item mentions the creation (however described) of a document; and
5. (e)
  the document is created by the person;
the person must retain the document for the period of 2 years beginning on the day the service is rendered.
Civil penalty: 5 penalty units.
(4)
Subsection (3) does not apply if the person has a reasonable excuse.
Note: A person who wishes to rely on subsection (4) in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection (see section 130H).

4AAAMultiple general medical services

(1)
This section does not limit the generality of section 4.
(2)
A regulation under section 4 may provide for a reduction in the fee applicable to a medical service (other than a diagnostic imaging service or a pathology service), where:
1. (a)
  that service; and
2. (b)
  at least one other service, which may be a diagnostic imaging service or a pathology service;
are provided to the same patient.

4AADiagnostic imaging services table

The regulations may prescribe a table of diagnostic imaging services that sets out the following:
(a)
items of R‑type diagnostic imaging services;
(b)
items of NR‑type diagnostic imaging services;
(c)
the amount of fees applicable in respect of each item;
(d)
rules for interpretation of the table.
Note: See also section 4BAA (conditional specification of services in table items).

4ABMultiple diagnostic imaging services

(1)
This section does not limit the generality of section 4AA.
(2)
A regulation under section 4AA may provide for a reduction in the fee applicable to a diagnostic imaging service, where:
1. (a)
  that service; and
2. (b)
  at least one other medical service, which may be a service other than a diagnostic imaging service;
are provided to the same patient.

4APathology services table

The regulations may prescribe a table of pathology services that sets out the following:
(a)
items of pathology services;
(b)
the amount of fees applicable in respect of each item;
(c)
rules for interpretation of the table.
Note: See also section 4BAA (conditional specification of services in table items).

4BMultiple pathology services

(1)
This section has effect without limiting the generality of section 4A.
(2)
A regulation under section 4A may make provision, by way of a rule of interpretation, for two or more pathology services to be treated, in specified circumstances, as one pathology service.
(3)
Where, in accordance with the pathology services table, two or more pathology services are to be treated as one pathology service, the Minister may, if he or she is satisfied in a particular case that the circumstances justify his or her so doing, direct that any of the services that, but for this subsection, would be treated as one service shall not be so treated.

4BAAConditional specification of services in table items

(1)
The specification of a service in an item in a table prescribed under section 4, 4AA or 4A may be:
1. (a)
  unconditional; or
2. (b)
  subject to such conditions, limitations or restrictions as are specified in:
  1. (i)
    the item; or
  2. (ii)
    the rules for interpretation of the table.
(2)
If there is such a condition, limitation or restriction, a service will be regarded as a service specified in the item, or as a service to which the item relates, only if the service falls within the condition, limitation or restriction.
(3)
This section applies to a table prescribed before or after the commencement of this section.
(4)
This section is enacted for the avoidance of doubt.

4BAPathologist‑determinable services

The Minister may, after consulting the Royal College of Pathologists of Australasia, determine, by legislative instrument, that:
(a)
a pathology service specified in the determination is a pathologist‑determinable service for the purposes of this Act; or
(b)
pathology services included in a class of pathology services specified in the determination are pathologist‑determinable services for the purposes of this Act.

4BBPrescribed pathology services

The Minister may determine, by legislative instrument, that:
(a)
a pathology service specified in the determination is a prescribed pathology service for the purposes of this Act; or
(b)
pathology services included in a class of pathology services specified in the determination are prescribed pathology services for the purposes of this Act.

6Certain persons in Australia to be treated as eligible persons etc.

(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 subsection, 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 or she 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 legislative instrument, make an order declaring 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 subsection, would be an eligible person for the purposes of this Act, shall, or shall in specified circumstances, be treated as if he or she were not an eligible person for the purposes of this Act.
(4)
Nothing in any other provision of this Act shall be taken, by implication, to limit the generality of this section.

6ACertain prescribed persons in Australia to be treated as eligible persons etc.

(1)
The regulations may provide that a person who:
1. (a)
  holds a prescribed kind of temporary visa; or
2. (b)
  holds a prescribed kind of temporary visa and is a member of a class of persons prescribed for the purposes of this section;
is, subject to the regulations, to be treated as an eligible person for the purposes of this Act while he or she is in Australia.
(2)
Without limiting the generality of subsection (1), the regulations may provide for all or any of the following:
1. (a)
  the periods within which a person is to be treated as an eligible person;
2. (b)
  the circumstances in which a person is to be treated as an eligible person;
3. (c)
  the professional services in relation to which the person is to be treated as an eligible person;
4. (d)
  the professional services in relation to which the person is not to be treated as an eligible person.

7Agreement for reciprocal treatment of visitors to Australia and other countries

(1)
The Government of the Commonwealth may enter into an agreement with the Government of another country under which each Government agrees to arrange for visitors to the country of that Government from the country of that other Government to be treated, for the purpose of the provision of medical, hospital and other care, as if they were residents or citizens of the country of that Government.
(2)
A visitor to Australia to whom an agreement under subsection (1) relates shall, subject to the agreement, be treated as an eligible person for the purposes of this Act during his or her stay in Australia.

7AExternal Territories

This Act extends to Norfolk Island, to the Territory of Cocos (Keeling) Islands and to the Territory of Christmas Island.

7BApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Part IIMedicare benefits8Interpretation

(1A)
In this Part, unless the contrary intention appears:
benefit means a Medicare benefit.
concessional person: a person is a concessional person in relation to a year at all times after the first time in that year that the person is a concessional beneficiary for the purposes of Part VII of the National Health Act 1953 (which deals with pharmaceutical benefits).
concessional safety‑net amount means $500.
Note: The concessional safety‑net amount is indexed under section 10A.
extended general safety‑net amount means $2,000.
Note: The extended general safety‑net amount is indexed under section 10A.
FTB(A) family: a registered family is an FTB(A) family in relation to a year (the safety‑net year) at all times:
1. (a)
  after the first time in the safety‑net year that a member of the family receives a payment of an instalment of family tax benefit under section 23 of the A New Tax System (Family Assistance) (Administration) Act 1999 that has a Part A rate that is greater than nil; or
2. (b)
  after a member of the family receives a payment of family tax benefit under section 24 of the A New Tax System (Family Assistance) (Administration) Act 1999 that has a Part A rate that is greater than nil and that is in respect of the last income year (within the meaning of that Act) ending before the start of the safety‑net year; or
3. (c)
  if a determination for the purposes of this paragraph is in force under section 8A—after the time specified in, or worked out in accordance with, the determination.
Note: The Part A rate is calculated under Schedule 1 to the A New Tax System (Family Assistance) Act 1999.
FTB(A) safety‑net amount means $500.
Note: The FTB(A) safety‑net amount is indexed under section 10A.
patient contribution, in relation to a claim for benefit in respect of a service, means an amount equal to the difference between:
1. (a)
  the Schedule fee or, if the medical expenses in respect of the service are less than that fee, those expenses; and
2. (b)
  the amount of benefit that, apart from section 10AC, 10ACA, 10AD or 10ADA (whichever is appropriate), would be payable in respect of the service, disregarding section 19AD.
registered family means a family registered under section 10AA.
safety‑net amount means $246.
Note: The safety‑net amount is indexed under section 10A.
Schedule fee, in relation to a service, means the fee specified in the table in respect of the service.
service means a professional service.
(1)
For the purposes of this Part, an internal Territory shall be deemed to form part of the State of New South Wales.
(2)
For the purposes of this Part, Norfolk Island is taken to form part of the State of New South Wales.

8AMinister may determine registered family is FTB(A) family

(1)
The Minister may, by legislative instrument, determine that a registered family is an FTB(A) family for the purposes of paragraph (c) of the definition of FTB(A) family in subsection 8(1A).
(2)
The determination must specify the time, or how to work out the time, after which the registered family is an FTB(A) family for the purposes of the paragraph.

9Medicare benefits calculated by reference to fees

Medicare benefits under this Part (other than sections 10ACA and 10ADA) shall be calculated by reference to the fees for medical services set out in the table.

10Entitlement to Medicare benefit

(1)
Where, on or after 1 February 1984, medical expenses are incurred in respect of a professional service rendered in Australia to an eligible person, medicare benefit calculated in accordance with subsection (2) is payable, subject to and in accordance with this Act, in respect of that professional service.
Note: For eligible person, medical expenses, medicare benefit and professional service see subsection 3(1).
(1A)
For the purposes of subsection (1), a professional service that has, whether before or after the commencement of this subsection, been rendered to an eligible person in the course of a domestic journey is taken to have been rendered in Australia even if the person was outside Australia when the service was rendered.
(1B)
In subsection (1A):
domestic journey means a journey beginning at a place in Australia and ending at the same place, or at another place in Australia, without any intermediate stopping place outside Australia, and includes:
1. (a)
  such a journey that, when it began, was intended to end at a place outside Australia; and
2. (b)
  such a journey that is a part of a longer journey ending, or intended to end, at a place outside Australia; and
3. (c)
  such a journey that is part of a longer journey that began outside Australia.
(2)
A benefit in respect of a service is:
1. (a)
  in the case of a service provided:
  1. (i)
    as part of an episode of hospital treatment; or
  2. (ii)
    as part of an episode of hospital‑substitute treatment in respect of which the person to whom the treatment is provided chooses to receive a benefit from a private health insurer;
an amount equal to 75% of the Schedule fee; or
1. (aa)
  in the case of a service to which paragraph (a) does not apply and that is prescribed by the regulations for the purposes of this paragraph—an amount equal to 100% of the Schedule fee; or

1. (b)
  in any other case—an amount equal to 85% of the Schedule fee.
(2A)
Without limiting the generality of regulations for the purposes of paragraph (2)(aa), the regulations may prescribe services for the purposes of that paragraph by identifying, in the table, the services concerned.
(3)
If the Schedule fee exceeds the amount of benefit calculated under paragraph (2)(b) by more than the greatest permissible gap, the benefit is taken to be the Schedule fee less the greatest permissible gap.
(4)
If an amount calculated under subsection (2) is not a multiple of 5 cents, that amount is to be rounded up to the nearest multiple of 5 cents.
(5)
In this section:
greatest permissible gap means $50.00.

10AARegistered families

(1)
For the purposes of this section and sections 10AB to 10AE inclusive, the following are the members of a person’s family:
1. (a)
  the person’s spouse;
2. (b)
  any dependent child of the person or of the person’s spouse.
(2)
Subject to subsection (3), a family member may apply to the Chief Executive Medicare at any time, in accordance with a form approved by the Chief Executive Medicare, for registration of the family, and the Chief Executive Medicare must register the family accordingly.
(3)
An application for registration must list the names of all family members.
(4)
If, at any time, a person becomes a member of a registered family, that person, or any family member acting on that person’s behalf, may apply to the Chief Executive Medicare in accordance with a form approved by the Chief Executive Medicare, for a variation in the registration to add the new family member, and the Chief Executive Medicare must vary the registration accordingly.
(5)
If, at any time, a person ceases to be a member of a registered family, that person, or any family member acting on that person’s behalf, may apply to the Chief Executive Medicare, in accordance with a form approved by the Chief Executive Medicare, for a variation in the registration to delete that person, and the Chief Executive Medicare must vary the registration accordingly.
(6)
A person is not entitled to be simultaneously treated as a member of more than one registered family unless:
1. (a)
  the person is a child; and
2. (b)
  the person is a dependent child in relation to persons in more than one registered family.
(7)
In this section:
child means a person who:
1. (a)
  is under 16; or
2. (b)
  is a student child.
dependent child, in relation to any person, means:
1. (a)
  a child under 16 who is:
  1. (i)
    in the custody, care and control of that person; or
  2. (ii)
    where no other person has the custody, care and control of the child—is wholly or substantially in the care and control of the first‑mentioned person; or
2. (b)
  a student child who is wholly or substantially dependent on the person.
spouse, in relation to a person, means:
1. (a)
  a person who is legally married to, and is not living, on a permanent basis, separately and apart from, that person; and
2. (b)
  a de facto partner of the person who is not living, on a permanent basis, separately and apart from the person.
student child means a person who:
1. (a)
  is 16 or more, but under 25; and
2. (b)
  is receiving full‑time education at a school, college or university.

10ABConsequences of altered family composition

(1)
Where:
1. (a)
  a family is registered; and
2. (b)
  a person becomes a family member after it is so registered; and
3. (c)
  the family’s registration is varied by the addition of the new family member;
then:
1. (d)
  claims in respect of his or her medical expenses incurred during the calendar year in which the registration is varied but before the variation may be taken into account for the purposes of section 10AC or 10ACA as if the person had, at all times during that year, been a member of the registered family; but
2. (e)
  increased benefits are not payable under that section in relation to medical expenses that are incurred in respect of that person or any other family member and in respect of which benefit has already been paid.
(2)
Where:
1. (a)
  a family is registered; and
2. (b)
  a person ceases to be a family member after it is so registered; and
3. (c)
  the family’s registration is varied by the deletion of the person; and
4. (d)
  the family members (including the person referred to in paragraph (b)) have not, at the time of the variation, become entitled under section 10AC or 10ACA to increased benefits in respect of medical expenses incurred in the calendar year in which the variation is made;
claims in respect of his or her medical expenses incurred during that year may be dealt with separately under sections 10AD and 10ADA, or, if the person becomes a member of another registered family, dealt with under sections 10AC and 10ACA.
(3)
Where:
1. (a)
  a family is registered; and
2. (b)
  the family members become entitled under section 10AC or 10ACA to increased benefits in respect of medical expenses incurred in a year; and
3. (c)
  a person ceases to be a family member after the family members become so entitled and during that year; and
4. (d)
  the family’s registration is varied by the deletion of the person;
then:
1. (e)
  claims in respect of his or her medical expenses incurred at any time during that year are to be dealt with under sections 10AC and 10ACA, as if he or she had remained a family member throughout the year; and
2. (f)
  despite any other provision of this Act and despite the variation, the person is not entitled to be treated as a member of another registered family during the year.

10ACSafety‑net – families

(1)
In this section:
relevant service means a service:
1. (a)
  in respect of which benefit is payable; and
2. (b)
  the medical expenses in respect of which exceed the amount of benefit that, apart from this section, would be payable in respect of the service;
but does not include a service rendered to a person while hospital treatment, or hospital‑substitute treatment in respect of which the person chooses to receive a benefit from a private health insurer, is provided to the person, being a service of that kind provided on or after 1 September 1985.
year means the year beginning on 1 January 1992 or a later year beginning on 1 January.
(2)
Subject to this Act, if:
1. (a)
  a claim (in this subsection called the threshold claim) for benefit is made by a claimant in respect of a relevant service:
  1. (i)
    which was rendered to the claimant or to a member of the claimant’s registered family; and
  2. (ii)
    in respect of which the medical expenses are incurred in a year;
and the claim is accepted by the Chief Executive Medicare; and
1. (b)
  other claims (in this subsection called prior claims) have been made for benefit in respect of relevant services:
  1. (i)
    which were rendered to any member of the family; and
  2. (ii)
    in respect of which the medical expenses were incurred during the year;
and the prior claims were accepted for payment by the Chief Executive Medicare before the time when the threshold claim was accepted for payment (in this subsection called the relevant time); and
1. (c)
  the Chief Executive Medicare is satisfied at the relevant time that:
  1. (i)
    the medical expenses of the services relating to the threshold claim and to some or all of the prior claims have been paid; and
  2. (ii)
    the sum of the patient contributions that have been paid in respect of those prior claims is less than the safety‑net amount for that year; and
  3. (iii)
    the sum of the patient contribution in respect of the threshold claim and the patient contributions referred to in subparagraph (ii) is equal to or exceeds the safety‑net amount;
the benefit payable in respect of a relevant service rendered to any of the family and in respect of which medical expenses were incurred in respect of that year (being the service to which the threshold claim relates or any service that is not the subject of a prior claim referred to in paragraph (b)) is increased by the amount of the patient contribution in respect of that relevant service.
(2A)
The patient contributions under subparagraph (2)(c)(ii) (including for the purpose of subparagraph (2)(c)(iii)) are to be reduced by so much of those patient contributions as have been paid as increased benefits under section 10ACA. For this purpose, an amount of a patient contribution is taken to have been paid as an increased benefit under section 10ACA to the extent that the amount of the increase in the benefit payable for the relevant service exceeds the difference between the total medical expenses incurred in respect of the relevant service and the Schedule fee for the relevant service.
(3)
Where at any time a child is simultaneously a member of 2 families registered in respect of a year:
1. (a)
  if the Chief Executive Medicare is satisfied that a medical expense incurred at that time in respect of the child has been incurred by an adult belonging to one or other of the families—that expense is to be treated, for the purposes of this Act, as an expense incurred in respect of the child as a member of that family; and
2. (b)
  if the Chief Executive Medicare is not so satisfied—the expense is to be treated as an expense of which half was incurred in respect of the child as a member of one family and half in respect of the child as a member of the other family.
(4)
If a family becomes registered before 1 April 1992, this section extends to a benefit that was paid or payable before the registration in respect of a service for which medical expenses were incurred before that date.
(5)
If a family becomes registered after 31 March 1992, this section applies only to a benefit that becomes payable after the registration, even though expenses incurred before the registration in the year the family becomes registered may be taken into account for the purposes of paragraph (2)(c).
(6)
For the purposes of this section, without affecting the meaning of an expression in any other provision of this Act:
1. (a)
  if a person to whom benefit is payable in respect of a relevant service is given or sent a cheque under subsection 20(2) or (2A) for the amount of the benefit, the person is taken to have paid so much of the medical expenses in respect of that service as is represented by the amount of the benefit; and
2. (b)
  despite anything else in this Act, the question when medical expenses are incurred in respect of services relating to prescribed items is to be determined under the regulations.
(7)
For the purposes of this section, disregard section 19AD when determining whether medicare benefit is payable. However, this section does not authorise payment of medicare benefit contrary to section 19AD.

10ACAExtended safety‑net – families

(1)
In this section:
relevant service means a service:
1. (a)
  in respect of which benefit is payable; and
2. (b)
  the medical expenses in respect of which exceed the amount of benefit that, apart from this section, would be payable in respect of the service;
but does not include a service rendered to a person while hospital treatment, or hospital‑substitute treatment in respect of which the person chooses to receive a benefit from a private health insurer, is provided to the person.
year means a calendar year.
(2)
Subject to this Act, if this section applies to a claim (the current claim), the benefit payable in respect of the claim is increased by 80% of the out‑of‑pocket expenses for the current claim.
(3)
The out‑of‑pocket expenses for a claim are:
1. (a)
  the medical expenses incurred in respect of a relevant service for which the claim is made;
reduced by:
1. (b)
  any amounts payable under any other section of this Act in respect of those expenses.
(4)
This section applies to the current claim if:
1. (a)
  the current claim is a claim that is made by a claimant for a benefit in respect of a relevant service which was rendered to the claimant or to a member of the claimant’s registered family; and
2. (b)
  the medical expenses incurred in respect of the relevant service are incurred in a year (the expense year); and
3. (c)
  the claimant has paid at least 20% of the out‑of‑pocket expenses for the service directly to the person by whom, or on whose behalf, the service was rendered; and
4. (d)
  the current claim is accepted by the Chief Executive Medicare; and
5. (e)
  one or more of the following apply to the claim:
  1. (i)
    the person to whom the service was rendered is a concessional person in relation to the expense year at the time that the claim is made and the concessional safety‑net applies to the current claim;
  2. (ii)
    the person to whom the service was rendered is a member of an FTB(A) family in relation to the expense year at the time that the claim is made and the FTB(A) safety‑net applies to the current claim;
  3. (iii)
    the extended general safety‑net applies to the current claim.
Note: Subsection 10AC(3) deals with a person being a member of more than one family.
(5)
A safety‑net mentioned in paragraph (4)(e) applies to the current claim if the Chief Executive Medicare is satisfied at the time when the current claim was accepted for payment that the sum of the out‑of‑pocket expenses for the current claim and all relevant prior claims for a safety‑net for the expense year is equal to or exceeds the applicable safety‑net amount.
(6)
A claim is a relevant prior claim for a safety‑net for the expense year if:
1. (a)
  the claim has been made for benefit in respect of relevant services which were rendered to:
  1. (i)
    for the concessional safety‑net—any member of the family who is a concessional person in relation to the expense year at the time that the current claim is made; and
  2. (ii)
    for the FTB(A) safety‑net or the extended general safety‑net—any person who is a member of the family at the time that the current claim is made; and
2. (b)
  the claim is related to medical expenses incurred during the expense year; and
3. (c)
  the claim was accepted for payment by the Chief Executive Medicare before the time when the current claim was accepted for payment; and
4. (d)
  the Chief Executive Medicare is satisfied at the time when the current claim was accepted for payment that the out‑of‑pocket expenses for the claim have been paid.
(7)
If:
1. (a)
  this section applies to the current claim; but
2. (b)
  the sum of the out‑of‑pocket expenses for all relevant prior claims for the expense year is less than the applicable safety‑net amount;
the benefit payable in respect of the claim is not increased under subsection (2) but is instead increased by the amount worked out using the formula:

where:
balance of safety‑net means the amount by which the sum of the out‑of‑pocket expenses for all relevant prior claims for the expense year is less than the applicable safety‑net amount.
(7A)
Despite subsections (2) and (7), if the current claim is for a service specified in an item determined under section 10B to be an item to which this subsection applies, the increase under this section in the benefit payable in respect of the claim cannot exceed the amount determined under section 10B as the maximum increase for that item.
Note: This subsection does not limit the increase payable in respect of a claim for a service specified in an item not determined under section 10B to be an item to which this subsection applies.
(7AA)
If:
1. (a)
  2 or more services (the original services) that are each specified in an item are deemed to constitute, or are treated as, one service (the deemed service) under this Act (other than a provision of this Act prescribed by the regulations); and
2. (b)
  all of the items in which the original services are specified are items determined under section 10B to be items to which subsection (7A) of this section applies; and
3. (c)
  the current claim is for the deemed service;
then, despite subsections (2) and (7) of this section, the increase under this section in the benefit payable in respect of the claim cannot exceed the sum of the amounts determined under section 10B as the maximum increases for those items.
Note: For when 2 or more services are deemed to constitute one service, see sections 15 and 16.
(7B)
If:
1. (a)
  for the purposes of the pathology services table:
  1. (i)
    2 or more pathology services are treated as a single pathology service; and
  2. (ii)
    the fee for the single service is the fee specified in one or more particular items in the table; and
2. (b)
  one or more of those particular items (the limited increase items) are items determined under section 10B to be items to which subsection (7A) of this section applies;
then, for the purposes of that subsection, the single service is taken to be specified in the limited increase item or, if there are 2 or more limited increase items, in the one of those items for which the maximum increase determined under section 10B is the greatest.
Note: Section 4B lets regulations provide for a rule of interpretation of the pathology services table to treat 2 or more pathology services as a single pathology service.
(8)
This section applies only to a benefit that becomes payable after a family becomes registered, even though expenses incurred before the registration in the year the family becomes registered may be taken into account for the purposes of determining whether a safety‑net applies.
(9)
For the purposes of this section (other than paragraph (4)(c)), without affecting the meaning of an expression in any other provision of this Act, if a person to whom benefit is payable in respect of a relevant service is given or sent a cheque under subsection 20(2) or (2A) for the amount of the benefit, the person is taken to have paid so much of the medical expenses in respect of that service as is represented by the amount of the benefit.
(10)
For the purposes of this section, without affecting the meaning of an expression in any other provision of this Act, despite anything else in this Act, the question when medical expenses are incurred in respect of relevant services relating to prescribed items is to be determined under the regulations.
(11)
For the purposes of this section, disregard section 19AD when determining whether medicare benefit is payable. However, this section does not authorise payment of medicare benefit contrary to section 19AD.

10ADSafety‑net – individuals

(1)
Expressions used in this section have the same meaning as in section 10AC.
(2)
Subject to subsection 10AB(3), this section applies to a person who is not a member of a registered family.
(3)
Subject to this Act, if:
1. (a)
  a claim (in this subsection called the threshold claim) for benefit is made by a claimant in respect of a relevant service:
  1. (i)
    which was rendered to the claimant; and
  2. (ii)
    in respect of which the medical expenses are incurred by the claimant in a year;
and the claim is accepted by the Chief Executive Medicare; and
1. (b)
  the claimant has made other claims (in this subsection called the prior claims) for benefit in respect of relevant services:
  1. (i)
    which were rendered to the claimant; and
  2. (ii)
    in respect of which the medical expenses were incurred in that year;
and the prior claims were accepted for payment by the Chief Executive Medicare before the time when the threshold claim was accepted for payment (in this subsection called the relevant time); and
1. (c)
  the Chief Executive Medicare is satisfied at the relevant time that:
  1. (i)
    the medical expenses of the services relating to the threshold claim and some or all of the prior claims have been paid; and
  2. (ii)
    the sum of the patient contributions that have been paid in respect of those prior claims is less than the safety‑net amount for that year; and
  3. (iii)
    the sum of the patient contribution in respect of the threshold claim and the patient contributions referred to in subparagraph (ii) is equal to or exceeds the safety‑net amount;
the benefit payable in respect of a relevant service rendered to the claimant and in respect of which medical expenses were incurred in respect of that year (being the service to which the threshold claim relates or any service that is not the subject of a prior claim referred to in paragraph (b)) is increased by the amount of the patient contribution in respect of that service.
(3A)
The patient contributions under subparagraph (3)(c)(ii) (including for the purpose of paragraph (3)(c)(iii)) are to be reduced by so much of those patient contributions as have been paid as increased benefits under section 10ADA. For this purpose, an amount of a patient contribution is taken to have been paid as an increased benefit under section 10ADA to the extent that the amount of the increase in the benefit payable for the relevant service exceeds the difference between the total medical expenses incurred in respect of the relevant service and the Schedule fee for the relevant service.

rs. No. 118, 1981

am. No. 49, 1982

rs. No. 22, 1994

am. No. 130, 2002

s 102..........................................

am No 118, 1981; No 49, 1982

rs No 22, 1994

am No 130, 2002; No 77, 2022

s 103..........................................

rs No 22, 1994; No 95, 1999

am No 77, 2022

s 103A.......................................

ad No 77, 2022

s 104..........................................

rs No 75, 1977; No 49, 1982

am No 75, 1986 (as am by No 141, 1987); No 141, 1990; No 88, 1992

rs No 22, 1994

am No 146, 1997

rs No 95, 1999; No 130, 2002

am No 64, 2018; No 77, 2022; No 97, 2023

s 104A......................................

ad No 77, 2022

am No 97, 2023

s 105..........................................

am No 58, 1975; No 101, 1976

rs No 75, 1977

am No 118, 1981; No 49, 1982; No 54, 1983; No 75, 1986; No 141, 1990 (as am by No 88, 1992); No 88, 1992

rs No 22, 1994; No 95, 1999; No 130, 2002

am No 111, 2005; No 32, 2011; No 77, 2022

s 105AA....................................

ad No 77, 2022

am No 97, 2023

s 105A.......................................

ad No 146, 1997

rs No 95, 1999

am No 130, 2002; No 64, 2018; No 77, 2022

s. 106.........................................

am. No. 58, 1975; No. 101, 1976; No. 75, 1977; No. 118, 1981; No. 49, 1982; No. 54, 1983; No. 75, 1986; No. 141, 1990

rs. No. 22, 1994

s. 106AA....................................

ad. No. 75, 1977

am. No. 49, 1982

rep. No. 22, 1994

s. 106AB....................................

ad. No. 172, 1991

am. No. 88, 1992

rep. No. 22, 1994

s. 106A......................................

ad. No. 58, 1975

am. No. 49, 1982; No. 54, 1983

rs. No. 22, 1994

s 106B.......................................

ad No 58, 1975

am No 118, 1981

rs No 22, 1994

am No 77, 2022

s. 106C......................................

ad. No. 58, 1975

am. No. 75, 1977; No. 89, 1978; No. 176, 1981

rs. No. 22, 1994

s. 106D......................................

ad. No. 58, 1975

am. No. 75, 1977

rs. No. 49, 1982; No. 22, 1994

am. No. 111, 2001

s. 106E.......................................

ad. No. 58, 1975

am. No. 49, 1982

rs. No. 22, 1994

am. No. 111, 2001

s. 106EA....................................

ad. No. 146, 1997

s. 106F.......................................

ad. No. 58, 1975

am. No. 101, 1976; No. 75, 1977; No. 133, 1978; No. 118, 1981

rs. No. 49, 1982; No. 22, 1994

ss. 106FA–106FH.......................

ad. No. 49, 1982

rep. No. 22, 1994

s. 106FJ.....................................

ad. No. 49, 1982

am. No. 54, 1983

rep. No. 22, 1994

s. 106FK....................................

ad. No. 49, 1982

am. No. 54, 1983; No. 141, 1990

rep. No. 22, 1994

Subdivision C

Subdivision C.............................

ad. No. 22, 1994

rep. No. 146, 1997

ad. No. 95, 1999

s. 106G......................................

ad. No. 58, 1975

am. No. 49, 1982

rs. No. 22, 1994

rep. No. 146, 1997

ad. No. 95, 1999

am. No. 130, 2002; No. 111, 2005; No. 32, 2011; No. 76, 2012

s. 106GA....................................

ad. No. 76, 2012

s. 106H......................................

ad. No. 75, 1977

Renumbered s. 79.....................

No. 22, 1994

s. 106H......................................

ad. No. 22, 1994

rep. No. 146, 1997

ad. No. 95, 1999

rs. No. 130, 2002

s. 106J.......................................

ad. No. 22, 1994

rep. No. 146, 1997

ad. No. 95, 1999

rs. No. 130, 2002

am. No. 111, 2005; No. 32, 2011

s. 106K......................................

ad. No. 22, 1994

rep. No. 146, 1997

ad. No. 95, 1999

am. No. 130, 2002; No. 76, 2012

s. 106KA....................................

ad. No. 95, 1999

am. No. 159, 1999; No. 130, 2002

rep. No. 76, 2012

s. 106KB....................................

ad. No. 95, 1999

am. No. 130, 2002; No. 111, 2005; No. 32, 2011; No. 76, 2012

s. 106KC....................................

ad. No. 95, 1999

am. No. 130, 2002; No. 111, 2005; No. 32, 2011; No 97, 2023

s. 106KD....................................

ad. No. 95, 1999

am. No. 130, 2002;No 97, 2023

s. 106KE....................................

ad. No. 130, 2002

am. No. 111, 2005; No. 32, 2011

Subdivision D.............................

ad. No. 22, 1994

rep. No. 95, 1999

s. 106L.......................................

ad. No. 22, 1994

am. No. 146, 1997

rs. No. 95, 1999

am. No. 130, 2002; No. 111, 2005; No. 32, 2011; No 97, 2023

s 106M.......................................

ad No 22, 1994

am No 146, 1997

rs No 95, 1999

am No 130, 2002; No 64, 2018

s. 106MA...................................

ad. No. 146, 1997

rep. No. 95, 1999

s. 106N......................................

ad. No. 22, 1994

am. No. 146, 1997

rs. No. 95, 1999

am. No. 111, 2005; No. 88, 2007; No. 32, 2011; No 115, 2014

s. 106P.......................................

ad. No. 22, 1994

am. No. 146, 1997

rep. No. 95, 1999

Division 5

Division 5 heading......................

rs. No. 146, 1997; No. 95, 1999; No. 76, 2012

Subdivision A

Subdivision A heading.................

ad. No. 146, 1997

rep. No. 95, 1999

ad. No. 76, 2012

s. 106Q......................................

ad. No. 22, 1994

rs. No. 95, 1999

am. No. 76, 2012

Subdivision B

Subdivision B heading.................

ad. No. 76, 2012

s. 106QA....................................

ad. No. 76, 2012

s. 106QB....................................

ad. No. 76, 2012

s. 106R......................................

ad. No. 22, 1994

rs. No. 95, 1999

am. No. 76, 2012

Subdivision C

Subdivision C heading.................

ad. No. 76, 2012

s. 106RA....................................

ad. No. 76, 2012

s. 106RB....................................

ad. No. 76, 2012

s. 106S.......................................

ad. No. 22, 1994

rs. No. 95, 1999; No. 130, 2002

am. No. 76, 2012

s. 106SA....................................

ad. No. 130, 2002

rs. No. 76, 2012

s. 106T.......................................

ad. No. 22, 1994

rs. No. 95, 1999

am. No. 130, 2002; No. 76, 2012

s. 106TA....................................

ad. No. 95, 1999

am. No. 130, 2002; No. 76, 2012

s. 106TB....................................

ad. No. 76, 2012

s 106U.......................................

ad No 22, 1994

am No 146, 1997; No 95, 1999; No 130, 2002; No 169, 2007; No 29, 2010; No 76, 2012; No 115, 2014; No 64, 2018; No 121, 2019; No 106, 2020; No 77, 2022; No 97, 2023

s. 106UAA.................................

ad. No. 95, 1999

s. 106UA....................................

ad. No. 146, 1997

am. No. 95, 1999

s. 106V......................................

ad. No. 22, 1994

rs. No. 95, 1999

am. No. 76, 2012

s. 106W.....................................

ad. No. 22, 1994

am. No. 95, 1999; No. 130, 2002; No. 111, 2005; No. 32, 2011

s. 106X......................................

ad. No. 22, 1994

rep. No. 76, 2012

Subdivision B.............................

ad. No. 146, 1997

rep. No. 95, 1999

Division 5A

Division 5A................................

ad No 95, 1999

s 106XA.....................................

ad No 146, 1997

rs No 95, 1999

am No 130, 2002; No 76, 2012; No 64, 2018; No 97, 2023

s 106XB.....................................

ad No 95, 1999

am No 130, 2002; No 76, 2012; No 64, 2018; No 50, 2020; No 97, 2023

Division 6

Division 6 heading......................

rs No 95, 1999

am No 82, 2023

Subdivision A

s 106Y.......................................

ad No 22, 1994

s 106Z........................................

ad No 22, 1994

s. 106ZA....................................

ad. No. 22, 1994

s. 106ZB....................................

ad. No. 22, 1994

am. No. 146, 1999

s 106ZC.....................................

ad No 22, 1994

s 106ZD.....................................

ad No 22, 1994

am No 82, 2023

s. 106ZE....................................

ad. No. 22, 1994

am. No. 46, 2011

s. 106ZF.....................................

ad. No. 22, 1994

Subdivision AB

Subdivision AB...........................

ad No 82, 2023

s 106ZFA...................................

ad No 82, 2023

s 106ZFB...................................

ad No 82, 2023

s 106ZFC...................................

ad No 82, 2023

s 106ZFD...................................

ad No 82, 2023

s 106ZFE...................................

ad No 82, 2023

s 106ZFF....................................

ad No 82, 2023

s 106ZFG...................................

ad No 82, 2023

s 106ZFH...................................

ad No 82, 2023

Subdivision B

s 106ZG.....................................

ad No 22, 1994

s 106ZH.....................................

ad No 22, 1994

s 106ZI......................................

ad No 22, 1994

s 106ZJ......................................

ad No 22, 1994

s 106ZK.....................................

ad No 22, 1994

am No 82, 2023

s 106ZL.....................................

ad No 22, 1994

Subdivision C

s. 106ZM....................................

ad. No. 22, 1994

am. No. 95, 1999

rs. No. 146, 1999

ss. 106ZN, 106ZP.......................

ad. No. 22, 1994

am. No. 95, 1999

Subdivision D

Subdivision D.............................

ad. No. 95, 1999

s 106ZPA...................................

ad No 95, 1999

am No 130, 2002; No 33, 2003; No 73, 2008; No 29, 2010; No 76, 2012; No 77, 2022

s 106ZPB...................................

ad No 95, 1999

am No 73, 2008; No 76, 2012; No 82, 2023

s 106ZPC...................................

ad No 95, 1999

s 106ZPD...................................

ad No 95, 1999

s 106ZPE...................................

ad No 95, 1999

s 106ZPF....................................

ad No 95, 1999

s 106ZPG...................................

ad No 95, 1999

am No 82, 2023

s 106ZPH...................................

ad No 95, 1999

am No 73, 2008; No 46, 2011; No 76, 2012; No 82, 2023

ss. 106ZPI, 106ZPJ.....................

ad. No. 95, 1999

s. 106ZPK..................................

ad. No. 95, 1999

am. No. 73, 2008

Subdivision E

Subdivision E.............................

ad. No. 95, 1999

s. 106ZPL...................................

ad. No. 95, 1999

am. No. 130, 2002

Division 6A

Division 6A................................

ad No 62, 2014

s 106ZPLA.................................

ad No 62, 2014

am No 36, 2015; No 82, 2023

Division 7

s 106ZPM..................................

ad No 95, 1999

am No 130, 2002; No 111, 2005; No 32, 2011; No 115, 2014; No 64, 2018; No 77, 2022

s 106ZPN...................................

ad No 95, 1999

am No 4, 2016; No 61, 2016

rs No 77, 2022

s 106ZPNA................................

ad No 77, 2022

s 106ZPO...................................

ad No 95, 1999

am No 4, 2016; No 61, 2016

s 106ZPP....................................

ad No 95, 1999

am No 4, 2016; No 61, 2016

s 106ZPQ...................................

ad No 95, 1999

am No 38, 2025

s 106ZPR...................................

ad No 95, 1999

am No 130, 2002; No 76, 2012; No 77, 2022; No 97, 2023

s 106ZQ....................................

ad No 36, 2015

s. 106ZQ....................................

ad. No. 22, 1994

rep No 62, 2014

s. 106ZR....................................

ad. No. 22, 1994

am. No. 130, 2002; No 115, 2014

Part VA heading.........................

ad. No. 75, 1977

am. No. 141, 1990

rs. No. 22, 1994

rep. No. 95, 1999

Part VA......................................

rep. No. 95, 1999

Division 1 heading......................

ad. No. 75, 1977

rep. No. 95, 1999

s. 107.........................................

am. No. 58, 1975

rs. No. 75, 1977

am. No. 49, 1982; No. 75, 1986; No. 141, 1990; No. 22, 1994; No. 149, 1995

rep. No. 95, 1999

s. 107A......................................

ad. No. 75, 1977

am. No. 49, 1982; No. 75, 1986; No. 141, 1990

rep. No. 22, 1994

Division 2 heading......................

ad. No. 75, 1977

rep. No. 95, 1999

s. 108.........................................

am. No. 75, 1977; No. 22, 1994; No. 149, 1995; No. 43, 1996

rep. No. 95, 1999

s. 108A......................................

ad. No. 146, 1997

rep. No. 95, 1999

s. 109.........................................

rep. No. 95, 1999

s. 110.........................................

am. No. 43, 1996

rep. No. 95, 1999

ss. 111, 112................................

rep. No. 95, 1999

s. 113.........................................

rs. No. 75, 1977

am. No. 43, 1996

rep. No. 95, 1999

Division 3 heading......................

ad. No. 75, 1977

rep. No. 95, 1999

s. 114.........................................

rs. No. 75, 1977

am. No. 22, 1994; No. 149, 1995

rep. No. 95, 1999

s. 115.........................................

am. No. 75, 1977; No. 22, 1994; No. 149, 1995; No. 146, 1997

rep. No. 95, 1999

s. 116.........................................

am. No. 75, 1977; No. 22, 1994; No. 146, 1997

rep. No. 95, 1999

s. 117.........................................

am. No. 75, 1977; No. 22, 1994; No. 43, 1996

rep. No. 95, 1999

s. 118.........................................

am. No. 75, 1977; No. 22, 1994

rep. No. 95, 1999

s. 119.........................................

am. No. 157, 1976; No. 75, 1977; No. 49, 1982; No. 75, 1986; No. 22, 1994; No. 149, 1995

rep. No. 95, 1999

s. 120.........................................

am. No. 75, 1977

rs. No. 139, 1983

rep. No. 95, 1999

s. 121.........................................

am. No. 43, 1996

rep. No. 95, 1999

Division 4 heading......................

ad. No. 75, 1977

rep. No. 141, 1990

Division 4..................................

rep. No. 141, 1990

s. 122.........................................

am. No. 157, 1976

rs. No. 75, 1977

rep. No. 141, 1990

s. 123.........................................

rep. No. 157, 1976

ad. No. 75, 1977

rep. No. 141, 1990

s. 123A......................................

ad. No. 58, 1975

rs. No. 75, 1977

rep. No. 139, 1983

ss. 123B–123D...........................

ad. No. 58, 1975

rep. No. 75, 1977

Division5 heading.......................

ad. No. 75, 1977

rs. No. 141, 1990

rep. No. 95, 1999

s. 124.........................................

rs. No. 75, 1977

am. No. 141, 1990

rep. No. 95, 1999

s. 124A......................................

ad. No. 75, 1977

am. No. 141, 1990

rep. No. 95, 1999

Part VB

Part VB......................................

ad. No. 167, 1985

s 124B.......................................

ad No 167, 1985

am No 75, 1986; No 141, 1990; No 22, 1994; No 19, 1998; No 137, 2000; No 93, 2001; No 111, 2001; No 33, 2003; No 88, 2007; No 29, 2010; No 76, 2012; No 106, 2020

s. 124BA....................................

ad. No. 88, 2007

s. 124C......................................

ad. No. 167, 1985

am No 31, 2014

s. 124D......................................

ad. No. 167, 1985

am. No. 75, 1986; No. 88, 2007

s. 124DA....................................

ad. No. 172, 1991

rep. No. 22, 1994

s. 124E.......................................

ad. No. 167, 1985

am. No. 75, 1986; No. 141, 1990

rs. No. 141, 1990

am. No. 172, 1991; No. 22, 1994; No. 88, 2007; No. 76, 2012

s. 124EA....................................

ad. No. 141, 1990

am. No. 172, 1991; No. 88, 2007; No. 76, 2012

s. 124EB....................................

ad. No. 141, 1990

am. No. 88, 2007; No. 29, 2010; No. 76, 2012

s. 124EC....................................

ad. No. 141, 1990

am. No. 136, 1992; No. 111, 2005; No. 32, 2011

s. 124F.......................................

ad. No. 167, 1985

am. No. 75, 1986; No. 88, 2007; No. 46, 2011

s. 124FA....................................

ad. No. 75, 1986

am. No. 141, 1990; No. 88, 1992

s. 124FAA..................................

ad. No. 172, 1991

am. No. 22, 1994; No. 130, 2002; No. 29, 2010; No. 76, 2012

rep. No. 76, 2012

ss. 124FB, 124FC........................

ad. No. 75, 1986

am. No. 141, 1990

s. 124FD....................................

ad. No. 75, 1986

s. 124FE.....................................

ad. No. 75, 1986

rs. No. 141, 1990

am. No. 88, 2007

s. 124FF.....................................

ad. No. 75, 1986

rs. No. 141, 1990

am. No. 33, 2003; No. 88, 2007

s. 124G......................................

ad. No. 167, 1985

am. No. 75, 1986

s 124H.......................................

ad. No. 167, 1985

am No. 75, 1986; No. 99, 1988; No. 141, 1990; No. 172, 1991; No. 3, 1995; No. 88, 2007; No. 76, 2012; No 10, 2015

s. 124J.......................................

ad. No. 167, 1985

am. No. 75, 1986; No. 141, 1990; No. 172, 1991; No. 19, 1998; No. 88, 2007; No. 76, 2012

s. 124K......................................

ad. No. 167, 1985

s 124L........................................

ad No 167, 1985

am No 111, 2001; No 61, 2016

s 124M.......................................

ad No 167, 1985

am No 111, 2001; No 61, 2016

s 124N.......................................

ad No 167, 1985

s 124P........................................

ad No 167, 1985

am No 61, 2016

s 124Q.......................................

ad No 167, 1985

am No 75, 1986; No 39, 2024

s 124R.......................................

ad No 167, 1985

am No 75, 1986; No 39, 2024

s 124S........................................

ad No 167, 1985

am No 75, 1986; No 141, 1990; No 172, 1991; No 76, 2012; No 39, 2024

s 124T........................................

ad No 167, 1985

am No 75, 1986; No 141, 1990; No 172, 1991; No 22, 1994; No 88, 2007; No 39, 2024

s. 124U......................................

ad. No. 167, 1985

am. No. 43, 1996; No. 19, 1998

Part VC

Part VC......................................

ad. No. 201, 1992

s. 106J.......................................

ad. No. 201, 1992

s 124V (prev s 106J)....................

renum No 12, 1994

s. 106K......................................

ad. No. 201, 1992

am. No. 12, 1994

s 124W (prev s 106K)..................

renum No 12, 1994

am No 93, 2001; No 32, 2007; No 5, 2015; No 50, 2020

s. 106L.......................................

ad. No. 201, 1992

s 124X

(prev s 106L)..................

renum No 12, 1994

am No 10, 2015

s. 106M......................................

ad. No. 201, 1992

am. No. 12, 1994

s 124Y (prev s 106M)..................

renum No 12, 1994

s. 106N......................................

ad. No. 201, 1992

s 124Z (prev s 106N)...................

renum No 12, 1994

s. 106P.......................................

ad. No. 201, 1992

am. No. 12, 1994

s 124ZA (prev s 106P).................

renum No 12, 1994

rep No 10, 2015

s. 106Q......................................

ad. No. 201, 1992

s 124ZB (prev s 106Q).................

renum No. 12, 1994

s. 106R......................................

ad. No. 201, 1992

s 124ZC (prev s 106R).................

renum No 12, 1994

Part VD

Part VD......................................

ad No 70, 2019

Division 1

Subdivision A

s 124ZD.....................................

ad No 70, 2019

s 124ZE.....................................

ad No 70, 2019

am No 138, 2021

s 124ZEA...................................

ad No 138, 2021

s 124ZEB...................................

ad No 138, 2021

Subdivision B

s 124ZF......................................

ad No 70, 2019

am No 59, 2023

s 124ZG.....................................

ad No 70, 2019

am No 59, 2023

s 124ZH.....................................

ad No 70, 2019

am No 138, 2021

s 124ZJ......................................

ad No 70, 2019

am No 138, 2021

s 124ZK.....................................

ad No 70, 2019

am No 138, 2021; No 59, 2023

Subdivision C

s 124ZL.....................................

ad No 70, 2019

am No 39, 2024; No 14, 2025

s 124ZM....................................

ad No 70, 2019

am No 39, 2024

s 124ZN.....................................

ad No 70, 2019

am No 138, 2021; No 39, 2024; No 14, 2025

Subdivision D

s 124ZP......................................

ad No 70, 2019

s 124ZQ.....................................

ad No 70, 2019

am No 138, 2021

Subdivision E

s 124ZR.....................................

ad No 70, 2019

s 124ZS......................................

ad No 70, 2019

Subdivision F

s 124ZT.....................................

ad No 70, 2019

am No 59, 2023

Division 2

s 124ZU.....................................

ad No 70, 2019

am No 138, 2021

s 124ZUA..................................

ad No 138, 2021

s 124ZUB...................................

ad No 138, 2021

s 124ZV.....................................

ad No 70, 2019

am No 138, 2021; No 59, 2023

s 124ZW....................................

ad No 70, 2019

am No 138, 2021; No 59, 2023

Part VI heading...........................

ed C112

s 125..........................................

am No 58, 1975; No 101, 1976

rs No 133, 1978

am No 53, 1979; No 118, 1981; No 24, 1985; No 226, 1992

rep No 72, 2017

Part VIA

Part VIA....................................

ad No 88, 2007

Division 1

s 125A.......................................

ad No 88, 2007

am No 32, 2011

s 125B.......................................

ad No 88, 2007

s 125C.......................................

ad No 88, 2007

s 125D.......................................

ad No 88, 2007

am No 32, 2011

Division 2

ss. 125E–125H............................

ad. No. 88, 2007

Part VII

s 126..........................................

am No 59, 1976; No 75, 1977; No 36, 1978; No 133, 1978

rep No 118, 1981

ad No 54, 1983

am No 70, 1985; No 95, 1989; No 41, 1995; No 37, 1998; No 32, 2007; No 61, 2016; No 106, 2020; No 8, 2025

s 127..........................................

rep No 133, 1978

ad No 54, 1983

am No 111, 2001; No 4, 2016; No 61, 2016

rs No 70, 2024

s 127A.......................................

ad No 70, 2024

s. 128.........................................

am. No. 43, 1996; No. 111, 2001; No 61, 2016

s. 128A......................................

ad. No. 167, 1985

am. No. 75, 1986; Nos. 93 and 111, 2001; No 4, 2016; No 61, 2016

s. 128B......................................

ad. No. 167, 1985

am. No. 75, 1986; No. 155, 1988; No 4, 2016; No 61, 2016

s. 128C......................................

ad. No. 19, 1998

am. No. 32, 2007; No. 29, 2010

s. 129.........................................

am. No. 75, 1977; No. 118, 1981; No. 49, 1982; No. 167, 1985; No. 43, 1996; No. 111, 2001; No 61, 2016

s. 129AA....................................

ad. No. 75, 1977

am. No. 133, 1978; No. 54, 1983; Nos. 75 and 94, 1986; No. 193, 1991; No. 136, 1992; No. 43, 1996; No. 111, 2001; Nos. 32 and 88, 2007; No. 29, 2010; No. 180, 2012; No 4, 2016

s. 129AAA.................................

ad. No. 118, 1981

am. No. 75, 1986; No. 193, 1991; No. 192, 1992; No. 85, 1994; No. 129, 1997; No. 93, 2001

rep. No. 88, 2007

s. 129AAB.................................

ad. No. 167, 1985

am. No. 111, 2001

s. 129AAC.................................

ad. No. 167, 1985

am. No. 3, 1990; No. 111, 2005; No. 88, 2007; No. 29, 2010; No. 32, 2011; No 115, 2014

s 129AACA................................

ad No 38, 2025

s 129AACB................................

ad No 38, 2025

s 129AAD..................................

ad No 10, 2011

am No 32, 2011; No 64, 2018; No 82, 2023; No 38, 2025

s 129AADA...............................

ad No 64, 2018

am No 64, 2018

ed C109

am No 8, 2025

s 129AAE..................................

ad No 10, 2011

s 129AAF...................................

ad No 10, 2011

s 129AAG..................................

ad No 10, 2011

am No 32, 2011 (as am by No 136, 2012); No 136, 2012; No 64, 2018

s 129AAH..................................

ad No 10, 2011

am No 32, 2011; No 64, 2018; No 8, 2025

s 129AAI...................................

ad No 10, 2011

am No 32, 2011; No 64, 2018; No 8, 2025; No 38, 2025

s 129AAJ...................................

ad No 10, 2011

am No 32, 2011; No 64, 2018; No 77, 2022; No 39, 2024; No 8, 2025; No 38, 2025

s 129AAK..................................

ad No 38, 2025

s 129AB.....................................

ad No 75, 1977

am No 118, 1981

rep No 85, 1994

s 129AC.....................................

ad No 75, 1977

am No 118, 1981

rep No 139, 1983

ad No 167, 1985

am No 136, 1992; No 111, 2005; No 10, 2011; No 32, 2011; No 64, 2018; No 150, 2020; No 38, 2025

s 129ACA..................................

ad No 64, 2018

am No 150, 2020; No 77, 2022

s 129ACB..................................

ad No 64, 2018

am No 77, 2022; No 39, 2024

s 129AD.....................................

ad No 75, 1977

am No 49, 1982; No 75, 1986; No 141, 1990 (as am by No 88, 1992); No 22, 1994; No 130, 2002; No 88, 2007; No 64, 2018

s 129AE.....................................

ad No 141, 1990

am No 8, 2025

s 129AEA..................................

ad No 10, 2011

am No 32, 2011; No 64, 2018; No 77, 2022

s 129AEB...................................

ad No 10, 2011

am No 32, 2011; No 64, 2018

s 129AEC...................................

ad No 10, 2011

am No 32, 2011; No 64, 2018; No 77, 2022; No 39, 2024

s 129AECA................................

ad No 64, 2018

am No 64, 2018; No 77, 2022

s 129AED..................................

ad No 115, 2014

am No 38, 2025

s 129AEE...................................

ad No 115, 2014

s 129AEF...................................

ad No 64, 2018

am No 64, 2018; No 121, 2019; No 77, 2022; No 8, 2025

ed C128

am No 38, 2025

s 129AEG..................................

ad No 64, 2018

am No 64, 2018; No 77, 2022; No 39, 2024; No 8, 2025; No 38, 2025

s 129AEH..................................

ad No 64, 2018

s 129AF.....................................

ad No 141, 1990

am No 136, 1992; No 111, 2005; No 32, 2011

s 129A.......................................

ad No 58, 1975

am No 101, 1976; No 43, 1996; No 106, 2020

s 130..........................................

am No 133, 1978; No 49, 1982; No 112, 1982; No 54, 1983; No 63, 1984; No 165, 1984; No 167, 1985; No 94, 1986; No 3, 1990; No 106, 1990; No 136, 1992; No 12, 1994; No 132, 1995; No 164, 1995; No 54, 1996; No 75, 1996; No 29, 1997; No 19, 1998; No 95, 1999; No 146, 1999; No 111, 2001; No 133, 2002; No 17, 2004; No 77, 2004; No 111, 2005; No 126, 2005; No 32, 2007; No 88, 2007; No 42, 2008; No 29, 2010; No 5, 2011; No 32, 2011; No 64, 2012; No 136, 2012; No 139, 2015; No 157, 2015; No 4, 2016; No 61, 2016; No 66, 2016

ed C106

am No 72, 2017; No 105, 2019; No 121, 2019; No 50, 2020; No 82, 2023; No 8, 2025

s. 130AA....................................

ad. No. 139, 1983

am. No. 167, 1985; No. 88, 2007; No 61, 2016

s. 130A......................................

ad. No. 118, 1981

am. No. 112, 1982; No. 139, 1983; No. 165, 1984; No. 65, 1985; No. 43, 1996

rep. No. 80, 2001

s. 130B......................................

ad. No. 118, 1981

am. Nos. 49 and 112, 1982; No. 165, 1984; No. 43, 1996

rep. No. 80, 2001

ss. 130C, 130D...........................

ad. No. 118, 1981

rep. No. 54, 1983

s. 130E.......................................

ad. No. 118, 1981

am. No. 43, 1996

rep. No. 80, 2001

s. 130F.......................................

ad. No. 118, 1981

am. No. 112, 1982; No. 165, 1984; No. 43, 1996

rep. No. 80, 2001

s. 130G......................................

ad. No. 118, 1981

am. No. 112, 1982; No. 165, 1984; No. 43, 1996; No. 29, 1997; No. 80, 2001; No. 111, 2005; Nos. 5 and 32, 2011

ed C106

s 130H.......................................

ad No 118, 1981

am No 112, 1982; No 63, 1984; No 165, 1984; No 70, 1991; No 184, 1994; No 43, 1996; No 45, 1998

rep No 80, 2001

ad No 64, 2018

s 130J........................................

ad No 118, 1981

am No 112, 1982; No 165, 1984; No 43, 1996; No 29, 1997

rep No 80, 2001

ad No 64, 2018

s. 131.........................................

am. No. 91, 1976

rs. No. 133, 1978

am. No. 54, 1983; No. 63, 1984; No. 67, 1985; No. 75, 1986; No. 155, 1988; No. 136, 1992; No. 43, 1996; No. 111, 2005; No. 73, 2010; No. 32, 2011; No 157, 2015

s. 131A......................................

ad. No. 29, 1997

am. No. 111, 2005; No. 5, 2011

rep. No. 32, 2011

s. 132.........................................

am. No. 112, 1982; No. 43, 1996; No 61, 2016

s. 132A......................................

ad. No. 76, 2012

s. 133.........................................

am. No. 101, 1976; No. 118, 1981; No. 54, 1983; No. 94, 1986; No. 43, 1996; No. 129, 1997; No. 76, 2012; No 61, 2016

Schedule 1..................................

am. No. 58, 1975; No. 75, 1986; No. 57, 1991

rep. No. 116, 1994

Schedule 1A...............................

ad. No. 75, 1986

rs. No. 95, 1989

am. No. 57, 1991

rep. No. 116, 1994

Schedule 2..................................

rs. No. 101, 1976

am. No. 133, 1978; No. 53, 1979

rep. No. 118, 1981

ad. No. 54, 1983

am. No. 70, 1985; No. 94, 1986; No. 155, 1988

rep. No. 226, 1992

Schedule 2A...............................

ad. No. 226, 1992

rep. No. 32, 2007