Health Insurance Commission Amendment Act 1976 (Cth)

HEALTH INSURANCE COMMISSION AMENDMENT ACT 1976

No. 61 of 1976

 

An Act to amend the Health Insurance Commission Act 1973 to make provision for Medibank Contributors.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1. (1) This Act may be cited as the Health Insurance Commission Amendment Act 1976.

(2) The Health Insurance Commission Act 1973, as amended by this Act, may be cited as the Health Insurance Commission Act 1973-1976.

Commencement.

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

3. After Part II of the Health Insurance Commission Act 1973 the following Part is inserted:—

“PART IIa—MEDIBANK CONTRIBUTORS

Medibank contributors.

“8a. (1) For the purpose of the obtaining of benefits under the Health Insurance Act 1973-1976 without liability to pay the levy imposed by the Health Insurance Levy Act 1976, a person may make application, in accordance with the approved form, to the Commission, on behalf of himself or of himself and his dependants, to become a Medibank contributor or Medibank contributors.

“(2) Where an application under this section is duly made and, except where the application is made under sub-section (6) and its approval would not affect the rate of contributions applicable to the applicant, a contribution in accordance with this section in respect of such period as the Commission determines is paid, the Commission shall approve the application and shall notify the applicant, in writing, accordingly specifying in the notification the date of effect of the approval.

“(3) The date of effect of an approval of an application under this section is—

(a) where the application is made on or before 30 November 1976—1 October 1976 or such later date as is requested by the applicant;

(b) where the application is made under sub-section (1) after 30 November 1976—the date requested by the applicant, being a date not earlier than the date on which the application was made;

(c) where the application is made under sub-section (6) after 30 November 1976 and the applicant has no dependants who are Medibank contributors—the date on which the application is made or such later date as is requested by the applicant; or

(d) where the application is made under sub-section (6) after 30 November 1976 and the applicant has a dependant who is a Medibank contributor—the date on which the person specified in the application became a dependant of the applicant.

“(4) The period in respect of which an amount of contribution is paid under sub-section (2) in respect of an application shall be deemed to commence, or to have commenced, on the date of effect of the approval of the application.

 

“(5) A person to whom an approval under sub-section (2) relates becomes, or shall be deemed to have become, a Medibank contributor on—

(a) where—

(i) the application to which the approval relates is made on or before 30 November 1976: or

(ii) the application to which the approval relates is made under sub-section (6) after 30 November 1976 and the applicant has, by reason of an earlier application (whether made under sub-section (1) or sub-section (6), a dependant who is a Medibank contributor,

the date of effect of the approval; or

(b) in any other case—the date 2 months after the date of effect of the approval.

“(6) Where a person becomes a dependant of a Medibank contributor, the Medibank contributor may make application, in accordance with the approved form, to the Commission for that dependant to become a Medibank contributor.

“(7) The regulations may prescribe rates of contribution under this section in respect of classes of persons.

“(8) It is a condition of an approval under sub-section (2) that the applicant shall pay contributions, or continue to pay contributions, in accordance with such of the prescribed rates as is applicable to him, to the Commission at such times, and in such amounts, as the Commission determines from time to time.

''(9) Where a Medibank contributor fails to comply with the condition set out in sub-section (8), the Commission may revoke the approval or approvals affected by that failure.

“(10) A revocation under sub-section (9) takes effect, or shall be deemed to have taken effect, on a date specified by the Commission, being a date immediately following the expiration of a period of 2 months commencing on the day immediately following the last day in respect of which contributions were paid to the Commission by the Medibank contributor in accordance with the condition set out in sub-section (8).

“(11) A Medibank contributor referred to in sub-section (9), and any dependant of the Medibank contributor, ceases to be, or shall be deemed to have ceased to be, a Medibank contributor on the day on which the revocation under that sub-section takes effect or is deemed to have taken effect.

“(12) In this section, ‘approved form’ means a form approved by the Minister for the purposes of this section.”.