Health Legislation (Claims for Commonwealth Medical Benefits) Regulations (Cth)

Statutory Rules 1984 No. 4741

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Health Legislation (Claims for

Commonwealth Medical Benefits)

Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Health Legislation Amendment Act 1983.

Dated 21 December 1984.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

(Sgd) Neil Blewett

Minister of State for Health

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Citation

1. These Regulations may be cited as the Health Legislation (Claims for Commonwealth Medical Benefits) Regulations.

Interpretation

2. In these Regulations, “the Act” means the Health Insurance Act 1973.

Modification for the purposes of sub-section 134 (1) of the Health Legislation Amendment Act 1983

3. (1) The following modifications of the Act as in force immediately before 1 February 1984 are prescribed for the purposes of sub-section 134 (1) of the Health Legislation Amendment Act 1983,namely, the modifications specified in sub-regulation (2).

 

S.R. 338/84 Cat. No. —Recommended retail price 20c  12/27.11.1984

 

(2) Section 20b of the Act as in force immediately before 1 February 1984 is modified—

(a) by omitting paragraphs (1) (a) and (b) and substituting the following paragraphs:

“(a) in respect of a professional service rendered before 1 September 1981—shall be lodged with the relevant organization within the period of 2 years, or such further period as is allowed in accordance with sub-section (3a), after the rendering of the service; or

(b) in respect of a professional service rendered during the period commencing on 1 September 1981 and ending at the expiration of 31 January 1984—shall be lodged with the relevant organization within the period commencing on the day on which the service was rendered and ending at the expiration of 31 January 1985 or within such longer period as is allowed in accordance with sub-section (3a).”;

(b) by omitting from sub-section (3) “Permanent Head” and substituting “Secretary of the Department”;

(c) by omitting from sub-section (3a) “paragraph (1) (b)” and substituting “paragraph (1) (a), the period ending at the expiration of 31 January 1985 referred to in paragraph (1) (b)”;

(d) by omitting sub-section (4) and substituting the following sub-section: “(4) In this section, ‘relevant organization’, in relation to a claimant, means—

(a) where the claimant was a medically insured person when the professional service to which the claimant relates was rendered—the organization that, at that time, conducted the medical benefits fund by virtue of his contributions to which the claimant was, at that time, a medically insured person; or

(b) where the person was, immediately before 1 February 1984, a registered person—the organization with which he was then registered.”; and

(e) by omitting from sub-section (5) “a registered medical benefits organization” and substituting “an organization”.

NOTE

1. Notified in the Commonwealth of Australia Gazette on 11 January 1985.

Printed by Authority by the Commonwealth Government Printer