Health Legislation Amendment Act 1987 (Cth)

Health Legislation Amendment Act 1987

No. 44 of 1987

TABLE OF PROVISIONS

PART I—PRELIMINARY

Section

1. Short title

2. Commencement

PART II—AMENDMENTS OF THE HEALTH INSURANCE ACT 1973

3. Principal Act

4. Entitlement to medicare benefit

PART III—AMENDMENTS OF THE NATIONAL HEALTH ACT 1953

5. Principal Act

6. Interpretation

 

Health Legislation Amendment Act 1987

No. 44 of 1987

 

An Act to amend the Health Insurance Act 1973 and the National Health Act 1953, and for related purposes

[Assented to 5 June 1987]

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

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Health Legislation Amendment Act 1987.

Commencement

2. This Act shall come into operation on 1 August 1987.

PART II—AMENDMENTS OF THE HEALTH INSURANCE ACT 1973

Principal Act

3.The Health Insurance Act 19731is in this Part referred to as the Principal Act.

Entitlement to medicare benefit

4. (1) Section 10 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:

“(2) A medicare benefit under subsection (1) in respect of a professional service is:

(a) in the case of a professional service of the kind referred to in paragraph (da) of the definition of “basic private table” or “basic table” in subsection 4 (1) of the National Health Act 1953 (not being a professional service, or a professional service in a class of professional services, that, under the regulations, is excluded from this paragraph)—an amount equal to 75% of the fee specified in the table in respect of the service in relation to the State in which the service is rendered; or

(b) in any other case—an amount equal to:

(i) 85% of the fee specified in the table in respect of the service in relation to the State in which the service is rendered; or

(ii) if the amount calculated under subparagraph (i) is less than the fee from which it is calculated by more than $20, that fee less $20.”.

(2) The amendment made by subsection (1) applies only in relation to professional services rendered on or after 1 August 1987.

PART III—AMENDMENTS OF THE NATIONAL HEALTH ACT 1953

Principal Act

5. The National Health Act 19532is in this Part referred to as the Principal Act.

Interpretation

6. (1) Section 4 of the Principal Act is amended:

(a) by omitting “who is” from paragraph (da) of the definition of “basic private table” or “basic table” in subsection (1) and substituting “while the person is”; and

(b) by omitting subsection (1b).

(2) The amendments made by subsection (1) apply only in relation to professional services rendered on or after 1 August 1987.

 

NOTES

1. No. 42, 1974, as amended. For previous amendments, see No. 58, 1975; Nos. 59, 91, 101, 109 and 157, 1976; No. 75, 1977; Nos. 36, 89 and 133, 1978; Nos. 53 and 123, 1979; No. 132, 1980; Nos. 118 and 176, 1981; Nos. 49, 80 and 112, 1982; Nos. 54 and 139, 1983; Nos. 15, 46, 63, 120, 135 and 165, 1984; Nos. 24, 65, 70, 95 and 167, 1985; and Nos. 28, 75 and 94, 1986.

2. No. 95, 1953, as amended. For previous amendments, see No. 68, 1955; Nos. 55 and 95, 1956; No. 92, 1957; No. 68, 1958; No. 72, 1959; No. 16, 1961; No. 82, 1962; No. 77, 1963; No. 37, 1964; Nos. 100 and 146, 1965; No. 44, 1966; Nos. 14 and 100, 1967; No. 100, 1968; No. 102, 1969; No. 41, 1970; No. 85, 1971; No. 114, 1972; Nos. 49 and 202, 1973; No. 37, 1974; Nos. 1, 13 and 93, 1975; Nos. 1, 60, 91, 99, 108, 157 and 177, 1976; Nos. 98 and 100, 1977; Nos. 36, 88, 132 and 189, 1978; Nos. 54, 91 and 122, 1979; Nos. 117 and 131, 1980; Nos. 40, 74, 92, 118, 163 and 176, 1981; Nos. 49, 80 and 112, 1982; Nos. 35, 54 and 139, 1983; Nos. 46, 63, 72, 120, 135 and 165, 1984; Nos. 24, 53, 65, 70, 95, 127 and 167, 1985; and Nos. 28, 75, 94 and 115, 1986.

[Minister’s second reading speech made in—

House of Representatives on 14 May 1987

Senate on 27 May 1987