Health Insurance Levies (Administration) Amendment Act 1983 (NSW)
HEALTH INSURANCE LEVIES (ADMINISTRATION)
AMENDMENT ACT, 1983, No. 18
JJeto ftoutft Wales;
ANNO TRICESIMO SECUNDO
ELIZABETHS H BEGINS
Act No. 18, 1983.
An Act to amend the Health Insurance Levies Act, 1982, so as to create the offices of Chief Commissioner and Commissioner for Health Insurance Levies. [Assented to, 19th April, 1983.]
Act No. 18, 1983. 2
Health Insurance Levies {Administration) Amendment.
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—
Short title.
This Act may be cited as the "Health Insurance Levies (Administra- tion) Amendment Act, 1983".
1.
Commencement.
(1) Sections 1 and 2 shall commence on the date of assent to this Act. (2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
2.
Schedules.
This Act contains the following Schedules:—
SCHEDULE 1.—AMENDMENTS TO THE HEALTH INSURANCE LEVIES
ACT, 1982.
SCHEDULE 2.—SAVINGS, TRANSITIONAL AND OTHER PROVISIONS.
| Amendment of Act No. 159, 1982. |
The Health Insurance Levies Act, 1982, is amended in the manner set
forth in Schedule 1.
Savings, transitional and other provisions.
5. Schedule 2 has effect.
Act No. 18, 1983.
Health Insurance Levies {Administration) Amendment.
SCHEDULE 1.
(Sec. 4.)
AMENDMENTS TO THE HEALTH INSURANCE LEVIES ACT, 1982.
(1) (a) Section 4 (1) , definition of "Assistant Commissioner"—
Omit the definition.
(b) Section 4 ( 1 ) , definition of "Chief Commissioner"—
Before the definition of "Commissioner", insert:—
"Chief Commissioner" means the Chief Commissioner for
Health Insurance Levies referred to in section 6;
(c) Section 4 ( 1 ) , definition of "inspector"—•
Omit "7 (1)", insert instead "6 (4)".
(2) Sections 6, 6 A —
Omit section 6, insert instead:—
Chief Commissioner and other officers.
6. (1) There shall be a Chief Commissioner for Health Insurance Levies, who shall be responsible for the due administration of this Act.
(2) The person for the time being holding office or acting as
Secretary of the Department of Finance shall also hold office as Chief
Commissioner.(3) There shall be a Commissioner for Health Insurance Levies, who shall be employed under, and hold office subject to, the Public Service Act, 1979.
(4) Such other staff, including inspectors, as may be necessary for the administration of this Act shall be employed under, and hold office subject to, the Public Service Act, 1979.
(5) A person may, while holding office as Commissioner also hold office, if appointed as such, as Commissioner under any other enactment administered by the Minister for Finance.
Act No. 18, 1983. 4
Health Insurance Levies {Administration) Amendment.
SCHEDULE \—continued.
AMENDMENTS TO THE HEALTH INSURANCE LEVIES ACT, 1982—continued.
(6) The powers, authorities, duties and functions of the Chief Commissioner may be exercised and performed by the Commissioner while there is no person holding office as Chief Commissioner or (subject to and in accordance with any prescribed conditions or limitations) in the prescribed circumstances.
(7) Where the Commissioner purports to exercise or perform any of the powers, authorities, duties or functions of the Chief Com- missioner pursuant to subsection (6) , the Commissioner shall be deemed, in respect of any person affected thereby, to have sufficient cause to exercise or perform the power, authority, duty or function, as the case may be.
(8) Any act or thing done or suffered by the Commissioner pur-
suant to subsection (6) has the same force and effect as it would have if it had been done or suffered by the Chief Commissioner and shall be deemed to have been done or suffered by the Chief Commissioner.
(9) The regulations may provide that a specified reference in this or any other Act or instrument under an Act to the Chief Com- missioner shall be read and construed as, or as including, a reference to the Commissioner.
Delegation.
6A. (1) In this section, a reference to—
(a) a function includes a reference to a power, authority and duty; and (b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
(2) The Chief Commissioner may, by instrument in writing, delegate all or any of his functions (other than this power of delega- tion) conferred or imposed by or under this or any other Act, as specified in the instrument, to the Commissioner or any other person engaged in the administration of this Act and may, by such an instrument, revoke wholly or in part any such delegation.
Act No. 18, 1983.
Health Insurance Levies {Administration) Amendment.
SCHEDULE I—continued.
AMENDMENTS TO THE HEALTH INSURANCE LEVIES ACT, 1982—continued.
(3) A delegation under subsection (2) may be made to—
(a) a specified person; or
(b) a person for the time being holding a specified office.
(4) Except in so far as the instrument of delegation otherwise provides, a person to whom a function has been delegated under subsection (2) may, by writing under his hand, authorise another person engaged in the administration of this Act to exercise the function so delegated and may, in like manner, revoke wholly or in part any such authorisation.
(5) An authorisation under subsection (4) may be given to—
(a) a specified person; or
(b) a person for the time being holding a specified office.
(6) Any act or thing done or suffered in the exercise of a function by a person to whom the function has been delegated under subsection (2) or by a person authorised by the delegate under subsection (4) to exercise the function has the same force and effect as if it had been done or suffered by the Chief Commissioner, and shall be deemed to have been done or suffered by the Chief Com- missioner.
(7) A delegation under subsection (2) does not prevent the exercise of a function by the Chief Commissioner. (8) The giving of an authorisation under subsection (4) does not prevent the exercise of a function by the person by whom the authorisation was given.
(9) A document purporting to be signed by a person as a delegate of the Chief Commissioner shall be deemed, unless the contrary is established, to have been signed by such a delegate and to have been so signed pursuant to the exercise of a function duly delegated to the person under subsection (2).
Act No. 18, 1983. 6
Health Insurance Levies {Administration) Amendment.
SCHEDULE I—continued.
AMENDMENTS TO THE HEALTH INSURANCE LEVIES ACT, 1982—continued.
(10) A document purporting to be signed by a person author- ised by a delegate of the Chief Commissioner to sign the document shall be deemed, unless the contrary is established, to have been signed by a person so authorised and so signed pursuant to the exercise of a function that he is duly authorised by such a delegate to exercise.
(11) A delegation or authorisation under this section may be made or given subject to such conditions or such limitations as to the exercise of any of the functions delegated, or as to time or circumstances, as may be specified in the instrument of delegation or authorisation.
(3) Section 7 C D -
Omit the subsection.
(4) Sections 8-24 (except section 9)—
Omit "Commissioner" v/herever occurring, insert instead "Chief
Commissioner".
(5) Section 9—
Omit "Commissioner, the Assistant Commissioner", insert instead
"Chief Commissioner, the Commissioner".
| (6) Schedule 2, clause 5— |
Omit "Commissioner", insert instead "Chief Commissioner".
(7) Schedule 3, clause 1—
Omit the clause.
30785D-5
Act No. 18, 1983.
Health Insurance Levies (Administration) Amendment.
SCHEDULE 2.
(Sec. 5.)
SAVINGS, TRANSITIONAL AND OTHER PROVISIONS.
Interpretation: Sch. 2.
1. In this Schedule, "appointed day" means the day appointed and notified under section 2 (2) .
Officers.
2. (1) The person holding office as Assistant Commissioner for Health Insurance Levies immediately before the appointed day shall be deemed to have been appointed on that day as Commissioner for Health Insurance Levies.
(2) A person holding office as an inspector referred to in section 7 (1) of the Health Insurance Levies Act, 1982, immediately before the appointed day shall be deemed to have been appointed on that day as an inspector referred to in section 6 (4) of that Act, as amended by this Act.
Things done before the appointed day.
3. (1) Any act, matter or thing done or omitted to be done before the appointed day by, to or in respect of the Commissioner for Health Insurance Levies shall, to the extent that, but for the enactment of this Act, that act, matter or thing would on or after that day have had any force or effect or be in operation, be deemed to have been done or omitted to be done by, to or in respect of the Chief Commissioner for Health Insurance Levies.
(2) Without limiting the generality of subclause (1) , all proceedings commenced
before the appointed day by the Commissioner for Health Insurance Levies and pending
immediately before that day shall be deemed to be proceedings pending on that day by
| by any person against that Commissioner and pending immediately before that day the Chief Commissioner for Health Insurance Levies and all proceedings so commenced | shall be deemed to be proceedings pending on that day by that person against that |
| Chief Commissioner. | |
| References to Commissioner or Assistant Commissioner for Health Insurance Levies | |
| 4. On and from the appointed day, in any other Act (other than the Health Insurance Levies Act, 1982) or in any regulation, by-law or statutory instrument or in any document, whether of the same or of a different kind— |
(a)
a reference to the Commissioner for Health Insurance Levies, being a reference to the Commissioner referred to in section 6 of the Health Insurance Levies Act, 1982, as in force before the appointed day; or
Act No. 18, 1983. 8
Health Insurance Levies (Administration) Amendment.
SCHEDULE 2—continued.
SAVINGS, TRANSITIONAL AND OTHER PROVISIONS—continued.
(b) a reference to the Assistant Commissioner for Health Insurance Levies,
shall be read and construed as a reference to the Chief Commissioner for Health Insurance Levies or the Commissioner for Health Insurance Levies, respectively, referred to in section 6 of the Health Insurance Levies Act, 1982, as amended by this Act.
Regulations.
5. (1) The Governor may make regulations containing other provisions of a savings or transitional nature consequent on the enactment of this Act.
(2) A provision made under subclause (1) may take effect as from the appointed day or a later day.
(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date
of its publication therein; or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date
of its publication therein.(4) A provision made under subclause (1) shall, if the regulations expressly so
provide, have effect notwithstanding clause 3 or 4.
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