Human Services Legislation Amendment Act 2005 (Cth)

Human Services Legislation Amendment Act 2005

Act No. 111 of 2005 as amended

This compilation was prepared on 27 September 2011

taking into account amendments up to Act No. 100 of 2011

The text of any of those amendments not in force

on that date is appended in the Notes section

The operation of amendments that have been incorporated may be

affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,

Attorney‑General’s Department, Canberra

Contents

An Act to amend legislation relating to the delivery of Commonwealth services, and for related purposes

1Short title [see Note 1]

This Act may be cited as the Human Services Legislation Amendment Act 2005.

2Commencement

(1)
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent.	6 September 2005
2. Schedule 1	A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.	1 October 2005 (see F2005L02671)
3. Schedule 2, items 1 and 2	A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.	1 October 2005 (see F2005L02671)
4. Schedule 2, item 3	Immediately after the commencement of the provision(s) covered by table item 3.	1 October 2005
5. Schedule 2, items 4 to 29	At the same time as the provision(s) covered by table item 3.	1 October 2005
6. Schedule 2, item 30	Immediately after the commencement of the provision(s) covered by table item 7.	1 October 2005
7. Schedule 2, items 31 to 731	At the same time as the provision(s) covered by table item 3.	1 October 2005

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2)
Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments relating to the Commonwealth Services Delivery AgencyPart 1Amendment of the Commonwealth Services Delivery Agency Act 1997

Commonwealth Services Delivery Agency Act 1997

Section 3 (definition of Agency)

Omit “body called the”.

Section 3 (definition of appointed member)

Repeal the definition.

Section 3 (definition of Board)

Repeal the definition.

Section 3 (definition of Chairman)

Repeal the definition.

Section 3

Insert:
Chief Executive Officer means the Chief Executive Officer appointed under section 29.

Section 3 (definition of member)

Repeal the definition.

Part 2 (heading)

Repeal the heading, substitute:

Part 2—Establishment of Agency

Subsection 6(1)

Omit “A body called the”, substitute “The”.

Paragraph 6(2)(a)

Repeal the paragraph.

At the end of section 6

Add:
(3)
The Agency may also be known as Centrelink.

After section 6

Insert:

6AFunction of Agency

The function of the Agency is to assist the Chief Executive Officer in the performance of the Chief Executive Officer’s functions.

Before section 7

Insert:

Part 3—The Chief Executive Officer

Division 1—Powers and functions of Chief Executive Officer

Subsection 7(1)

After “may”, insert “, with the written approval of the Minister,”.

Subsection 7(2)

Omit all the words after “provision of the services”.

At the end of section 7

Add:
(3)
Without limiting subsection (1) or (2), arrangements for the provision of Commonwealth services may include arrangements for:
(a)
making the Chief Executive Officer or specified employees, or employees in specified classes of employees, available to exercise powers or perform functions in connection with the provision of the services (including powers and functions delegated to the Chief Executive Officer or employees under other laws); or
(b)
determining a person’s eligibility for, or entitlement to receive or have access to, the services; or
(c)
maintaining records related to the provision of the services; or
(d)
providing Commonwealth authorities and other persons with information related to the provision of the services; or
(e)
undertaking education, compliance, investigation and enforcement activities related to the provision of the services; or
(f)
recovering overpayments and other amounts due to the Commonwealth in connection with the provision of the services; or
(g)
conducting litigation or proceedings related to the provision of the services.
(4)
Arrangements for the provision of Commonwealth services may also include agreements covered by section 8A.
(5)
An approval given by the Minister under this section is not a legislative instrument.

Subsection 8(1)

Omit “Agency” (first occurring), substitute “Chief Executive Officer”.
Note: The heading to section 8 is replaced by the heading “Functions of Chief Executive Officer”.

Paragraph 8(1)(b)

Omit “Agency”, substitute “Chief Executive Officer”.

Paragraph 8(1)(c)

Omit “written notice given to the Chairman, directs the Agency”, substitute “writing, directs the Chief Executive Officer”.

Paragraph 8(1)(d)

Omit “its”, substitute “his or her”.

Subsection 8(2)

Repeal the subsection, substitute:
(2)
A direction made under paragraph (1)(c) is a legislative instrument, but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to the direction.

After section 8

Insert:

8AAgreements about exercise and performance of Chief Executive Officer’s powers and functions

The Chief Executive Officer may enter into a written agreement with the principal officer of a Commonwealth authority about the exercise or performance of the Chief Executive Officer’s powers or functions.

Subsection 9(1)

Repeal the subsection, substitute:
(1)
The Minister may, by writing, give directions to the Chief Executive Officer about the exercise or performance of the Chief Executive Officer’s powers or functions.
Note: The heading to section 9 is altered by omitting “the performance of the Agency’s functions” and substituting “exercise and performance of Chief Executive Officer’s powers and functions”.

After subsection 9(1)

Insert:
(1A)
Without limiting subsection (1), directions under this section may include directions about the following:
(a)
the objectives, strategies, policies or priorities of the Chief Executive Officer or the Agency;
(b)
the manner in which the Chief Executive Officer exercises or performs his or her powers or functions;
(c)
the manner in which the Agency performs its function.
(1B)
The Minister must not give a direction under this section about the exercise or performance of powers or functions in relation to a particular individual or company.
Note: See also section 19 of the Public Service Act 1999 which provides that an Agency Head is not subject to direction by any Minister in relation to the exercise of powers by the Agency Head under Division 1 or 2 of Part 4 of that Act in relation to particular individuals.

Subsection 9(2)

Omit “annual report for the Agency”, substitute “Chief Executive Officer’s annual report”.

Subsection 9(3)

Repeal the subsection, substitute:
(3)
The Chief Executive Officer must comply with a direction given under this section.
(4)
A direction given under this section is not a legislative instrument.

Section 10

Repeal the section, substitute:

10Minister may request information

(1)
The Minister may, by writing, request the Chief Executive Officer to give the Minister information about:
(a)
the exercise or performance of the Chief Executive Officer’s powers or functions; or
(b)
the operation of the Agency.
(2)
The Chief Executive Officer must, within a reasonable time, comply with a request under this section.
(3)
A request made under this section is not a legislative instrument.

11Management of Agency

The Chief Executive Officer is, under the Minister, responsible for:
(a)
deciding the objectives, strategies, policies and priorities of the Agency; and
(b)
managing the Agency; and
(c)
ensuring that the Agency performs its function in a proper, efficient and effective manner.

12Delegation

(1)
The Chief Executive Officer may, by writing, delegate to an employee all or any of the powers or functions of the Chief Executive Officer under this Act or any other Act.
(2)
However, the Chief Executive Officer must not delegate powers or functions conferred on him or her under another Act if the delegation is inconsistent with the express provisions of that Act.
(3)
The Chief Executive Officer may, by writing, delegate to an employee all or any of the powers or functions delegated to the Chief Executive Officer under another Act.
(4)
However, the Chief Executive Officer must not delegate powers or functions delegated to him or her under another Act if the delegation by the Chief Executive Officer would be inconsistent with the express provisions of that Act.

Part 3

Repeal the Part.

Part 4 (heading)

Repeal the heading.

Division 1 of Part 4 (heading)

Repeal the heading, substitute:

Division 2—Appointment etc. of Chief Executive Officer

Subsection 29(2)

Omit “by the Board in writing after consultation between the Chairman and”, substitute “in writing by”.

At the end of section 29

Add:
(4)
The Chief Executive Officer holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

Section 30

Repeal the section, substitute:

30Remuneration

(1)
The Chief Executive Officer is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Chief Executive Officer is to be paid the remuneration that is prescribed.
(2)
The Chief Executive Officer is to be paid the allowances that are prescribed.
(3)
This section has effect subject to the Remuneration Tribunal Act 1973.

30ALeave of absence

(1)
The Chief Executive Officer has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2)
The Minister may grant the Chief Executive Officer leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

30BOther terms and conditions

The Chief Executive Officer holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister in writing.

30CTermination of appointment

(1)
The Minister may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity.
(2)
The Minister may terminate the appointment of the Chief Executive Officer if:
(a)
the Chief Executive Officer:
(i)
becomes bankrupt; or
(ii)
applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii)
compounds with his or her creditors; or
(iv)
makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b)
the Chief Executive Officer is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c)
the Chief Executive Officer engages, except with the Minister’s approval, in paid employment outside the duties of his or her office.
(3)
The Minister must terminate the appointment of the Chief Executive Officer if, in the Minister’s opinion, the performance of the Chief Executive Officer has been unsatisfactory for a significant period of time.

Subsection 31(1)

Omit “Board”, substitute “Minister”.

Subsection 31(2)

After “by”, insert “or in relation to”.

Paragraph 31(2)(b)

Omit “in or”.

Sections 32 and 33

Repeal the sections.

Section 34

Omit “Chairman”, substitute “Minister”.

Division 2 of Part 4 (heading)

Repeal the heading, substitute:

Part 4—Staff of the Agency

Subsection 35(1)

Omit “Division”, substitute “Part”.

Section 36

Repeal the section.

Subsection 38(1)

Omit “Chairman’s”, substitute “Chief Executive Officer’s”.

Section 39

Repeal the section, substitute:

39Chief Executive Officer may charge for services

The Chief Executive Officer may charge fees for services he or she provides in connection with the performance of his or her functions.

Subsection 40(1)

Repeal the subsection, substitute:
(1)
The Chief Executive Officer must, as soon as practicable after the end of each financial year, prepare and give the Minister a report on:
(a)
the exercise and performance of the powers and functions of the Chief Executive Officer during that year; and
(b)
the operations of the Agency during that year.
Note: The heading to section 40 is replaced by the heading “Chief Executive Officer’s annual report”.

Part 2Consequential amendments

Health Insurance Act 1973

Subsection 3(1)

Insert:
Centrelink CEO means the Chief Executive Officer of Centrelink.

Subsection 3(1) (definition of CEO)

Repeal the definition.

Subsection 3(1) (definition of employee)

Repeal the definition.

Subsection 3(1)

Insert:
employee of Centrelink means an employee within the meaning of the Commonwealth Services Delivery Agency Act 1997.
48
Subsection 3(1) (definition of Services Delivery Agency)
Repeal the definition.

Paragraph 130(6)(ca)

Repeal the paragraph, substitute:
(ca)
the Centrelink CEO or an employee of Centrelink; or

Paragraph 130(7)(e)

Omit “CEO or an employee of the Services Delivery Agency”, substitute “Centrelink CEO or an employee of Centrelink”.

Paragraph 130(9)(aa)

Omit “CEO or an employee of the Services Delivery Agency”, substitute “Centrelink CEO or an employee of Centrelink”.

Subsection 130G(1)

Omit “CEO”, substitute “Centrelink CEO”.

Subsection 130G(1)

Omit “the Services Delivery Agency”, substitute “Centrelink”.

Subsection 131A(1)

Omit “CEO or an employee of the Services Delivery Agency”, substitute “Centrelink CEO or an employee of Centrelink”.

Subsection 131A(1)

Omit “to the Services Delivery Agency”, substitute “to Centrelink”.

Subsection 131A(2)

Omit “the Services Delivery Agency”, substitute “Centrelink”.

Subsection 131A(3)

Omit “the Services Delivery Agency”, substitute “Centrelink”.

Paragraph 131A(4)(a)

Omit “CEO or an employee of the Services Delivery Agency”, substitute “Centrelink CEO or an employee of Centrelink”.

Paragraph 131A(4)(c)

Omit “CEO”, substitute “Centrelink CEO”.

Paragraph 131A(4)(d)

Omit “the Services Delivery Agency”, substitute “Centrelink”.

Paragraph 131A(4)(e)

Omit “the Services Delivery Agency”, substitute “Centrelink”.

Part 3Transitional provisions

Definitions

(1) In this Part:

amend includes repeal and remake.
Board means the Board within the meaning of the old law.
Centrelink means the Commonwealth Services Delivery Agency.
CEO means the Chief Executive Officer of Centrelink.
Chairman means the Chairman of the Board.
commencement time means the time when this Part commences.
instrument:
(a)
includes:
(i)
a contract, deed, undertaking or agreement; and
(ii)
a notice, authority, order or instruction; and
(iii)
an instrument made under an Act or regulations; but
(b)
does not include an Act or regulations.
new law means the Commonwealth Services Delivery Agency Act 1997 as in force after the commencement time.
old law means the Commonwealth Services Delivery Agency Act 1997 as in force before the commencement time.
(2) In this Part, unless a contrary intention is expressed, a reference to a law (however described) is a reference to a law of the Commonwealth.

CEO to continue

The person who was the CEO immediately before the commencement time continues to be the CEO immediately after the commencement time and holds office as if:
(a)
his or her appointment by the Board under section 29 of the old law (the first appointment) were terminated immediately before the commencement time; and
(b)
he or she were appointed for the remainder of the term of his or her first appointment by the Minister under Division 2 of Part 3 of the new law immediately after the commencement time.
64
Operation of laws—things done by, or in relation to, Centrelink
(1) If, before the commencement time, a thing was done by, or in relation to, Centrelink, the Board or the Chairman, then, for the purposes of the operation of any law after the commencement time, the thing is taken to have been done by, or in relation to, the CEO.
(2) For the purposes of subitem (1), a thing done before the commencement time under a provision amended by this Schedule has effect from that time as if it were done under that provision as amended. However, this is not taken to change the time at which the thing was actually done.
(3) The Minister may, by writing, determine that subitem (1):
(a)
does not apply in relation to a specified thing done by, or in relation to, Centrelink, the Board or the Chairman; or
(b)
applies as if the reference in that subitem to the CEO were a reference to the Commonwealth or to Centrelink.
A determination under this subitem has effect accordingly.
(4) The regulations may provide for a thing specified in a determination under paragraph (3)(a) to be taken to have been done by, or in relation to, a person or body other than the CEO, the Commonwealth or Centrelink.
(5) To avoid doubt, for the purposes of this item, doing a thing includes making an instrument.
(6) A determination made under subitem (3) is not a legislative instrument.

References in instruments

(1) If:

(a)
an instrument is in force immediately before the commencement time; and
(b)
the instrument contains a reference to Centrelink (however described), the Board or the Chairman;
the instrument has effect from the commencement time as if the reference to Centrelink, the Board or the Chairman were a reference to the CEO.
(2) The Minister may, by writing, determine that subitem (1):
(a)
does not apply in relation to a specified reference; or
(b)
applies as if the reference in that subitem to the CEO were a reference to the Commonwealth or to Centrelink.
A determination under this subitem has effect accordingly.
(3) The regulations may provide that an instrument containing a reference specified in a determination under paragraph (2)(a) has effect from the commencement time as if the reference were a reference to a person or body other than the CEO, the Commonwealth or Centrelink.
(4) A determination made under subitem (2) is not a legislative instrument.

Transfer of records

At the commencement time, the records and documents of Centrelink become the records and documents of the CEO.
67
Financial statements and other reporting requirements
Financial statements

(1) If:

(a)
immediately before the commencement time, a law required Centrelink, the Board or the Chairman to provide financial statements for a period; and
(b)
the period ends after the commencement time;
the CEO must, within 3 months after the commencement time, provide the statements for so much of the period as occurs before the commencement time.
Other reporting requirements

(2) If:

(a)
immediately before the commencement time, a law required Centrelink, the Board or the Chairman to provide a report (other than financial statements) for a period; and
(b)
the period ends after the commencement time;
the CEO must provide the report, as required, for so much of the period as occurs before the commencement time.

(3) If:

(a)
under subitem (2), the CEO is required to provide a report for a part of a period; and
(b)
the CEO is also required to provide a similar report for the remainder of the period;
the CEO may meet the requirements in a single report for the period.
Outstanding reporting requirements

(4) If:

(a)
a law required Centrelink, the Board or the Chairman to provide a report (whether financial statements or otherwise) for a period that ended before the commencement time; and

(b)
the report has not been provided by the commencement time;
the CEO must provide the report as required.

Substitution of parties to proceedings

If, immediately before the commencement time, any proceedings to which Centrelink, the Board or the Chairman was a party were pending in any court or tribunal, then, from the commencement time, the CEO is substituted for Centrelink, the Board or the Chairman as a party to the proceedings.
69
Constitutional safety net—acquisition of property

(1) If:

(a)
a provision of this Schedule would result in an acquisition of property; and
(b)
the provision would not be valid, apart from this item, because a particular person has not been compensated;
the Commonwealth must pay that person:
(c)
a reasonable amount of compensation agreed on between the person and the Commonwealth; or
(d)
failing agreement—a reasonable amount of compensation determined by a court of competent jurisdiction.
(2) Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this item must be taken into account in assessing compensation payable in a proceeding begun under this item and arising out of the same event or transaction.

(3) In this item:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

Delegation by Minister

(1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Part to:
(a)
the Secretary of the Department; or
(b)
an SES employee, or acting SES employee, in the Department; or
(c)
the CEO.
(2) In exercising or performing powers or functions under a delegation, the delegate must comply with any directions of the Minister.
(3) A power delegated to the CEO under subitem (1) must not be sub‑delegated under subsection 12(3) of the new law.

Regulations

(1) The Governor‑General may make regulations prescribing matters:
(a)
required or permitted by this Schedule to be prescribed; or
(b)
necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.
(2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.

Schedule 2Amendments relating to the Health Insurance CommissionPart 1Amendment of the Health Insurance Commission Act 1973

Health Insurance Commission Act 1973

Title

Repeal the title, substitute:

An Act to establish Medicare Australia, and for related purposes

Section 1

Omit “Health Insurance Commission”, substitute “Medicare Australia”.
Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901).

Subsection 3(1)

Omit “(1)”.
4
Subsection 3(1) (definition of Australian Public Service)
Repeal the definition.
5
Subsection 3(1) (definition of authorised officer)
Omit “Managing Director or an officer of the Commission who is appointed by the Managing Director”, substitute “Chief Executive Officer or an employee who is appointed by the Chief Executive Officer”.

Subsection 3(1)

Insert:
benefit includes:
(a)
a pension, allowance, concession or payment; and
(b)
a card entitling its holder to a concession or a payment of any kind.

Subsection 3(1) (definition of Chairperson)

Repeal the definition.

Subsection 3(1)

Insert:
Chief Executive Officer means the Chief Executive Officer appointed under section 8AG.

Subsection 3(1) (definition of Commission)

Repeal the definition.

Subsection 3(1)

Insert:
Commonwealth authority means:
(a)
a Department of State; or
(b)
a body, other than Medicare Australia, established for a public purpose by or under a law of the Commonwealth.

Subsection 3(1)

Insert:
Commonwealth service means a service, benefit, program or facility for some or all members of the public that is provided for by the Commonwealth, whether under a law of the Commonwealth or otherwise.

Subsection 3(1)

Insert:
employee means a member of the staff of Medicare Australia referred to in subsection 20(1).
13
Subsection 3(1) (definition of Finance Minister)
Repeal the definition.
14
Subsection 3(1) (definition of Managing Director)
Repeal the definition.
15
Subsection 3(1) (definition of medicare functions)
Omit “Commission”, substitute “Chief Executive Officer”.

Subsection 3(1) (definition of officer)

Repeal the definition.
17
Subsection 3(1) (definition of officer assisting)
After “Division 4”, insert “of Part IID”.
18
Subsection 3(1) (paragraph (a) of the definition of officer assisting)
Omit “officer of the Commission”, substitute “employee”.
19
Subsection 3(1) (paragraph (b) of the definition of officer assisting)
Omit “officer of the Commission”, substitute “employee”.
20
Subsection 3(1) (definition of part‑time Commissioner)
Repeal the definition.

Subsection 3(1)

Insert:
principal officer means:
(a)
in relation to a Department of State—the Secretary of the Department; or
(b)
in relation to any other Commonwealth authority—the person identified by the regulations as the principal officer of the authority.

Subsection 3(1)

Insert:
service arrangements means arrangements entered into under subsection 7(2).
23
Subsection 3(1) (definition of service delivery functions)
Omit “Commission”, substitute “Chief Executive Officer”.
24
Subsection 3(1) (definition of spare capacity functions)
Repeal the definition.
25
Subsection 3(1) (definition of warrant premises)
After “Division 4”, insert “of Part IID”.

Subsection 3(2)

Repeal the subsection.

Part II (heading)

Repeal the heading, substitute:

Part II—Establishment of Medicare Australia

Section 4

Repeal the section, substitute:

4Establishment of Medicare Australia

(1)
Medicare Australia is established by this section.
(2)
Medicare Australia comprises:
(a)
the Chief Executive Officer; and
(b)
the employees.

4AFunction of Medicare Australia

The function of Medicare Australia is to assist the Chief Executive Officer in the performance of the Chief Executive Officer’s functions.

Before section 5

Insert:

Part IIA—The Chief Executive Officer

Division 1—Powers and functions of Chief Executive Officer

Section 5

Before “The”, insert “(1)”.

Section 5

Omit “Commission”, substitute “Chief Executive Officer”.
Note: The heading to section 5 is altered by omitting “the Commission” and substituting “Chief Executive Officer”.

Paragraphs 5(c), (d) and (e)

Repeal the paragraphs, substitute:
(c)
any functions conferred on the Chief Executive Officer under any other Act;
(d)
any functions that the Minister, by writing, directs the Chief Executive Officer to perform;
(e)
any functions that are prescribed by the regulations;
(f)
to do anything incidental to or conducive to the performance of any of the above functions.

At the end of section 5

Add:
(2)
A direction made under paragraph (1)(d) is a legislative instrument, but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to the direction.

Section 6

Repeal the section, substitute:

6Chief Executive Officer’s medicare functions

The Chief Executive Officer’s medicare functions are the functions conferred on the Chief Executive Officer by or under the Health Insurance Act 1973.

Subsection 7(1)

Omit “Commission’s”, substitute “Chief Executive Officer’s”.
Note: The heading to section 7 is altered by omitting “Commission’s” and substituting “Chief Executive Officer’s”.

Subsection 7(2)

Omit “Commission”, substitute “Chief Executive Officer”.

Subsection 7(3)

Omit all the words after “provision of the services”.

Subsections 7(4) and (5)

Repeal the subsections, substitute:
(4)
Without limiting subsection (2) or (3), arrangements for the provision of Commonwealth services may include arrangements for:
(a)
making the Chief Executive Officer or specified employees, or employees in specified classes of employees, available to exercise powers or perform functions in connection with the provision of the services (including powers and functions delegated to the Chief Executive Officer or employees under other laws); or
(b)
determining a person’s eligibility for, or entitlement to receive or have access to, the services; or
(c)
maintaining records related to the provision of the services; or
(d)
providing Commonwealth authorities and other persons with information related to the provision of the services; or
(e)
undertaking education, compliance, investigation and enforcement activities related to the provision of the services; or
(f)
recovering overpayments and other amounts due to the Commonwealth in connection with the provision of the services; or
(g)
conducting litigation or proceedings related to the provision of the services.
(5)
Arrangements for the provision of Commonwealth services may also include agreements covered by section 7A.
(6)
An approval given by the Minister under this section is not a legislative instrument.

Sections 8 to 8AB

Repeal the sections, substitute:

7AAgreements about exercise and performance of Chief Executive Officer’s powers and functions

The Chief Executive Officer may enter into a written agreement with a Minister or the principal officer of a Commonwealth authority about the exercise or performance of the Chief Executive Officer’s powers or functions.

8Ministerial directions about exercise and performance of Chief Executive Officer’s powers and functions

(1)
The Minister may, by writing, give directions to the Chief Executive Officer about the exercise or performance of the Chief Executive Officer’s powers or functions.
(2)
Without limiting subsection (1), directions under this section may include directions about the following:
(a)
the objectives, strategies, policies or priorities of the Chief Executive Officer or Medicare Australia;
(b)
the manner in which the Chief Executive Officer exercises or performs his or her powers or functions;
(c)
the manner in which Medicare Australia performs its function.
(3)
The Minister must not give a direction under this section about the exercise or performance of powers or functions in relation to a particular individual or company.
Note: See also section 19 of the Public Service Act 1999 which provides that an Agency Head is not subject to direction by any Minister in relation to the exercise of powers by the Agency Head under Division 1 or 2 of Part 4 of that Act in relation to particular individuals.
(4)
Particulars of any directions given by the Minister under this section in a financial year must be included in the Chief Executive Officer’s annual report for that year.
(5)
The Chief Executive Officer must ensure that a direction given under this section is complied with.
(6)
A direction given under this section is not a legislative instrument.

8AAMinister may request information

(1)
The Minister may, by writing, request the Chief Executive Officer to give the Minister information about:
(a)
the exercise or performance of the Chief Executive Officer’s powers or functions; or
(b)
the operation of Medicare Australia.
(2)
The Chief Executive Officer must, within a reasonable time, comply with a request under this section.
(3)
A request made under this section is not a legislative instrument.

8ABManagement of Medicare Australia

The Chief Executive Officer is, under the Minister, responsible for:
(a)
deciding the objectives, strategies, policies and priorities of Medicare Australia; and
(b)
managing Medicare Australia; and
(c)
ensuring that Medicare Australia performs its function in a proper, efficient and effective manner.

8ACDelegation

(1)
The Chief Executive Officer may, by writing, delegate to an employee all or any of the powers or functions of the Chief Executive Officer under this Act or any other Act.
(2)
However, the Chief Executive Officer must not delegate powers or functions conferred on him or her under another Act if the delegation is inconsistent with the express provisions of that Act.
(3)
The Chief Executive Officer may, by writing, delegate to an employee all or any of the powers or functions delegated to the Chief Executive Officer under another Act.
(4)
However, the Chief Executive Officer must not delegate powers or functions delegated to him or her under another Act if the delegation by the Chief Executive Officer would be inconsistent with the express provisions of that Act.

8ADCommonwealth consent to conferral of powers etc. on Chief Executive Officer by State and Territory laws

(1)
A law of a State or Territory may confer powers or functions, or impose duties, on the Chief Executive Officer.
Note: Section 8AF sets out when such a law imposes a duty on the Chief Executive Officer.
(2)
Subsection (1) does not authorise the conferral of a power or function, or the imposition of a duty, by a law of a State or Territory to the extent to which:
(a)
the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on the Chief Executive Officer; or
(b)
the authorisation would otherwise exceed the legislative power of the Commonwealth.
(3)
The Chief Executive Officer cannot exercise a power, or perform a duty or function, under a law of a State or Territory without the written approval of the Minister.

8AEHow duty is imposed on Chief Executive Officer by State and Territory laws

Application
(1)
This section applies if a law of a State or Territory purports to impose a duty on the Chief Executive Officer.
Note: Section 8AF sets out when such a law imposes a duty on the Chief Executive Officer.
State or Territory legislative power sufficient to support duty
(2)
The duty is taken not to be imposed by this Act (or any other law of the Commonwealth) to the extent to which:
(a)
imposing the duty is within the legislative powers of the State or Territory concerned; and
(b)
imposing the duty by the law of the State or Territory is consistent with the constitutional doctrines restricting the duties that may be imposed on the Chief Executive Officer.
Note: If this subsection applies, the duty will be taken to be imposed by force of the law of the State or Territory (the Commonwealth having consented under section 8AD to the imposition of the duty by that law).
Commonwealth legislative power sufficient to support duty but State or Territory legislative powers are not
(3)
If, to ensure the validity of the purported imposition of the duty, it is necessary that the duty be imposed by a law of the Commonwealth (rather than by the law of the State or Territory), the duty is taken to be imposed by this Act to the extent necessary to ensure that validity.
(4)
If, because of subsection (3), this Act is taken to impose the duty, it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the imposition of the duty by this Act.
(5)
The duty is taken to be imposed by this Act in accordance with subsection (3) only to the extent to which imposing the duty:
(a)
is within the legislative powers of the Commonwealth; and
(b)
is consistent with the constitutional doctrines restricting the duties that may be imposed on the Chief Executive Officer.
(6)
Subsections (1) to (5) do not limit section 8AD.

8AFWhen State and Territory laws impose a duty on Chief Executive Officer

For the purposes of sections 8AD and 8AE, a law of a State or Territory imposes a duty on the Chief Executive Officer if:
(a)
the law confers a power or function on the Chief Executive Officer; and
(b)
the circumstances in which the power or function is conferred give rise to an obligation on the Chief Executive Officer to exercise the power or to perform the function.

Division 2—Appointment etc. of Chief Executive Officer

8AGAppointment

(1)
There is to be a Chief Executive Officer of Medicare Australia.
(2)
The Chief Executive Officer is to be appointed in writing by the Minister.
(3)
The Chief Executive Officer holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
(4)
The Chief Executive Officer is to be appointed on a full‑time basis.

8AHRemuneration

(1)
The Chief Executive Officer is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Chief Executive Officer is to be paid the remuneration that is prescribed.
(2)
The Chief Executive Officer is to be paid the allowances that are prescribed.
(3)
This section has effect subject to the Remuneration Tribunal Act 1973.

8AILeave of absence

(1)
The Chief Executive Officer has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2)
The Minister may grant the Chief Executive Officer leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

8AJOther terms and conditions

The Chief Executive Officer holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister in writing.

8AKTermination of appointment

(1)
The Minister may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity.
(2)
The Minister may terminate the appointment of the Chief Executive Officer if:
(a)
the Chief Executive Officer:
(i)
becomes bankrupt; or
(ii)
applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii)
compounds with his or her creditors; or
(iv)
makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b)
the Chief Executive Officer is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c)
the Chief Executive Officer engages, except with the Minister’s approval, in paid employment outside the duties of his or her office.
(3)
The Minister must terminate the appointment of the Chief Executive Officer if, in the Minister’s opinion, the performance of the Chief Executive Officer has been unsatisfactory for a significant period of time.

8ALActing Chief Executive Officer

(1)
The Minister may appoint a person to act as the Chief Executive Officer:
(a)
during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to the office; or
(b)
during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia, or is, for any other reason, unable to perform the functions of the office.
(2)
Anything done by or in relation to a person purporting to act under an appointment under this section is not invalid merely because:
(a)
the occasion for the appointment had not arisen; or
(b)
there was a defect or irregularity in connection with the appointment; or
(c)
the appointment had stopped having effect; or
(d)
the occasion for the person to act had not arisen or had stopped.

8AMResignation

The Chief Executive Officer may resign by giving the Minister a written resignation.

Part IIC

Repeal the Part.

Part IID (heading)

Repeal the heading, substitute:

Part IID—Investigative powers of Chief Executive Officer

Subsection 8L(1)

Omit “Managing Director”, substitute “Chief Executive Officer”.

Subsection 8L(1)

Omit “Commission is conducting in the performance of its functions”, substitute “Chief Executive Officer is conducting in the performance of his or her functions”.

Section 8M

Omit “Managing Director”, substitute “Chief Executive Officer”.

Section 8M

Omit “officer of the Commission”, substitute “employee”.

Subsection 8N(1)

Omit “Managing Director”, substitute “Chief Executive Officer”.

Paragraph 8N(2)(a)

Omit “Managing Director”, substitute “Chief Executive Officer”.

Subsection 8N(3)

Omit “Managing Director”, substitute “Chief Executive Officer”.

Subsection 8P(1)

Omit “The Managing Director or an”, substitute “An”.
Note: The heading to section 8P is altered by omitting “Managing Director” and substituting “Chief Executive Officer”.

Subsection 8P(1)

Omit “Commission if the Managing Director or”, substitute “Chief Executive Officer if the”.

Paragraph 8Q(1)(b)

Omit “Commission”, substitute “Chief Executive Officer”.

Paragraph 8Q(1)(c)

Omit “officer of the Commission”, substitute “employee”.

Subsection 8Q(3)

Omit “officer of the Commission”, substitute “employee”.

Subsection 8Q(4)

Omit “officer”, substitute “employee”.

Subsection 8S(2)

Omit “section 137.2”, substitute “section 137.1 or 137.2”.

Subsection 8U(6)

Omit “Managing Director’s instrument in writing referred to in”, substitute “relevant instrument made by the Chief Executive Officer under”.

Paragraph 8Y(2)(b)

Omit “Managing Director’s instrument in writing referred to in”, substitute “relevant instrument made by the Chief Executive Officer under”.

Subsection 8ZM(1)

Omit “Commission”, substitute “Chief Executive Officer”.

Subsection 8ZM(2)

Omit “Commission” (wherever occurring), substitute “Chief Executive Officer”.

Subsection 8ZN(1)

Omit “Commission”, substitute “Chief Executive Officer”.

Paragraph 8ZN(2)(b)

Omit “Commission”, substitute “Chief Executive Officer”.

Subsection 8ZQ(1)

Omit “Commission’s”, substitute “Chief Executive Officer’s”.

Subsection 8ZQ(2)

Omit “Commission’s”, substitute “Chief Executive Officer’s”.

Parts III, IV and V

Repeal the Parts, substitute:

Part III—Staff of Medicare Australia

20Staff

(1)
Subject to this Part, the staff of Medicare Australia are to be persons engaged under the Public Service Act 1999.
(2)
For the purposes of the Public Service Act 1999:
(a)
the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and
(b)
the Chief Executive Officer is the Head of that Statutory Agency.

21Consultants

(1)
The Chief Executive Officer may engage as consultants persons having suitable qualifications and experience.
(2)
The terms and conditions of engagement are to be determined by the Chief Executive Officer.

Section 41A

Repeal the section.

Paragraph 41C(1)(a)

Omit “the name ‘medicare’, or”, substitute “the name ‘medicare’ or ‘Medicare Australia’, or”.
Note: The heading to section 41C is replaced by the heading “Protection of names and symbols”.

Paragraphs 41C(1)(b) to (d)

Omit “the name ‘medicare’ or”, substitute “the name ‘medicare’ or ‘Medicare Australia’ or”.

Subsection 41C(2)

Omit “the name ‘medicare’ or”, substitute “the name ‘medicare’ or ‘Medicare Australia’ or”.

Paragraph 41C(2)(c)

Omit “or the Commission”, substitute “, the Chief Executive Officer or Medicare Australia”.

Paragraphs 41C(5)(a) to (c)

Repeal the paragraphs, substitute:
(a)
a reference to the name “medicare” or “Medicare Australia” is to be read as including a reference to a name or expression that so nearly resembles the name as to be capable of being mistaken for the name; and
(b)
a reference to an official “medicare” or “Medicare Australia” symbol is to be read as a reference to a symbol declared by the regulations to be an official “medicare” or “Medicare Australia” symbol; and
(c)
a reference to a prescribed symbol is to be read as a reference to an emblem, brand, design, symbol, logo or mark that:
(i)
is identical with an official “medicare” or “Medicare Australia” symbol; or
(ii)
so nearly resembles an official “medicare” or “Medicare Australia” symbol as to be capable of being mistaken for an official “medicare” or “Medicare Australia” symbol; and

At the end of paragraph 41C(5)(d)

Add “and”.

Subsection 41C(9)

Omit “or the Commission” (wherever occurring).

Subsection 41C(9)

Omit “name ‘medicare’ or of an official ‘medicare’ symbol”, substitute “name ‘medicare’ or ‘Medicare Australia’ or of an official ‘medicare’ or ‘Medicare Australia’ symbol”.

Section 41E

Omit “or the Commission”.

Section 41E

Omit “or of the Commission”.

After section 41E

Insert:

41FChief Executive Officer may charge for services

The Chief Executive Officer may charge fees for services he or she provides in connection with the performance of his or her functions.

Before subsection 42(1)

Insert:
(1A)
The Chief Executive Officer must, as soon as practicable after the end of each financial year, prepare and give the Minister a report on:
(a)
the exercise and performance of the powers and functions of the Chief Executive Officer during that year; and
(b)
the operations of Medicare Australia during that year.
Note: The heading to section 42 is replaced by the heading “Chief Executive Officer’s annual report”.

Subsection 42(1)

Omit “on the Commission under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include”, substitute “must include”.

At the end of section 42

Add:
(3)
The Minister must cause a copy of each report under this section to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.

Part 2Consequential amendments

Administrative Decisions (Judicial Review) Act 1977

Paragraph (k) of Schedule 2

Omit “Health Insurance Commission”.

Aged Care Act 1997

Paragraph 86‑3(c)

Omit “Health Insurance Commission”, substitute “Chief Executive Officer of Medicare Australia”.

Age Discrimination Act 2004

Subparagraph 42(5)(a)(i)

Omit “Health Insurance Commission”, substitute “Chief Executive Officer of Medicare Australia”.

Paragraph 42(5)(b)

Omit “Health Insurance Commission”, substitute “Chief Executive Officer of Medicare Australia”.

A New Tax System (Family Assistance) (Administration) Act 1999

84
Subsection 3(1) (paragraph (d) of the definition of agency)
Repeal the paragraph, substitute:
1. (d)
  Medicare Australia.
85
Subsection 3(1) (paragraph (d) of the definition of head)
Omit “the Health Insurance Commission—the Managing Director of the Commission”, substitute “Medicare Australia—the Chief Executive Officer of Medicare Australia”.
86
Subsection 3(1) (paragraph (b) of the definition of protected information)
Omit “the Health Insurance Commission”, substitute “Medicare Australia”.
87
Subsection 3(1) (after paragraph (b) of the definition of protected information)
Insert:
1. (ba)
  information about a person obtained by an officer under the family assistance law that was held in the records of the Health Insurance Commission; or

Paragraph 118(1)(e)

Omit “the Health Insurance Commission—the Managing Director of the Commission”, substitute “Medicare Australia—the Chief Executive Officer of Medicare Australia”.

Subsection 234(3)

Omit “Managing Director of the Health Insurance Commission”, substitute “Chief Executive Officer of Medicare Australia”.

Freedom of Information Act 1982

Division 1 of Part II of Schedule 2

Omit “Health Insurance Commission, in relation to documents in respect of its commercial activities”.
91
Division 1 of Part II of Schedule 2 (after item dealing with Indigenous Business Australia)
Insert:

Medicare Australia, in relation to documents in respect of its commercial activities

Health and Other Services (Compensation) Act 1995

Subsection 3(1) (definition of Commission)

Repeal the definition.

Subsection 3(1)

Insert:
employee of Medicare Australia means an employee within the meaning of the Medicare Australia Act 1973.
94
Subsection 3(1) (definition of Managing Director)
Repeal the definition.

Subsection 3(1)

Insert:
Medicare Australia CEO means the Chief Executive Officer of Medicare Australia.
96
Subsection 3(1) (definition of officer of theCommission)
Repeal the definition.

Paragraph 8(6)(a)

Omit “Commission”, substitute “Medicare Australia CEO”.

Paragraph 10(6)(a)

Omit “Commission”, substitute “Medicare Australia CEO”.

Section 13

Omit “Commission”, substitute “Medicare Australia CEO”.

100

Subsections 14(1) and (3)

Omit “Managing Director” (wherever occurring), substitute “Medicare Australia CEO”.

101

Subsection 17(1)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

102

Subsection 17(1)

Omit “Commission”, substitute “Medicare Australia CEO”.

103

Paragraph 17(3)(a)

Omit “Commission”, substitute “Medicare Australia CEO”.

104

Subsection 17(4)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

105

Subsection 17(5)

Omit “Commission”, substitute “Medicare Australia CEO”.

106

Subsections 17(5A) and (6)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

107

Subsection 18(1)

Omit “Commission”, substitute “Medicare Australia CEO”.

108

Subsection 18(3)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

109

Paragraph 18(4)(b)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

110

Subsection 18(5)

Omit “Commission”, substitute “Medicare Australia CEO”.

111

Subsection 18(6)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

112

Subsection 18(7)

Omit “Managing Director” (first occurring), substitute “Medicare Australia CEO”.

113

Paragraph 18(7)(c)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

114

Subparagraph 18(7)(c)(ii)

Omit “Commission”, substitute “Medicare Australia CEO”.

115

Paragraph 18(8)(c)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

116

Subsection 18(10)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

117

Subsection 19(1)

Repeal the subsection, substitute:
(1)
If the claimant is dissatisfied with the Medicare Australia CEO’s decision about extension of the period, the claimant may apply in writing to the Medicare Australia CEO for the decision to be reconsidered.

118

Subsection 19(3)

Omit “Managing Director” (first occurring), substitute “Medicare Australia CEO”.

119

Paragraph 19(3)(d)

Omit “Managing Director’s”, substitute “Medicare Australia CEO’s”.

120

Subsection 19(4)

Omit “Managing Director’s”, substitute “Medicare Australia CEO’s”.

121

Paragraph 21(1)(a)

Omit “Commission”, substitute “Medicare Australia CEO”.

122

Subsection 21(1)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

123

Subsection 21(3)

Omit “Commission”, substitute “Medicare Australia CEO”.

124

Subsections 21(3) and (5)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

125

Subsection 21(8)

Omit “Managing Director” (first occurring), substitute “Medicare Australia CEO”.

126

Paragraph 21(8)(a)

Omit “Managing Director” (wherever occurring), substitute “Medicare Australia CEO”.

127

Subsections 21(9) and (10)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

128

Subsection 21(11)

Omit “Commission”, substitute “Medicare Australia CEO”.

129

Subsection 21(12)

Omit “Managing Director” (first occurring), substitute “Medicare Australia CEO”.

130

Paragraph 21(12)(b)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

131

Paragraph 21(13)(a)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

132

Paragraph 22(1)(b)

Omit “Managing Director”, substitute “Medicare Australia CEO”.
133
Subsections 23(1), (3), (3A), (4), (5) and (5A)
Omit “Commission”, substitute “Medicare Australia CEO”.

134

Paragraph 23A(1)(b)

Omit “Commission”, substitute “Medicare Australia CEO”.

135

Paragraph 23A(1)(c)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

136

Subparagraphs 23A(1)(d)(i) and (ii)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

137

Subsection 23A(2)

Omit “Commission”, substitute “Medicare Australia CEO”.

138

Subsection 23A(2) (note)

Omit “Commission”, substitute “Medicare Australia CEO”.

139

Subsection 23A(3)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

140

Subsection 23B(1)

Omit “Managing Director” (first occurring), substitute “Medicare Australia CEO”.

141

Subsection 23B(1)

Omit “Commission” (first occurring), substitute “Medicare Australia CEO”.

142

Subsection 23B(1)

Omit “Managing Director” (second occurring), substitute “Medicare Australia CEO”.

143

Paragraph 23B(1)(c)

Omit “Commission”, substitute “Medicare Australia CEO”.

144

Paragraph 23B(2)(a)

Omit “Commission”, substitute “Medicare Australia CEO”.

145

Paragraph 23B(2)(b)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

146

Subsection 23B(3)

Omit “Commission”, substitute “Medicare Australia CEO”.

147

Subsection 23B(4)

Omit “Managing Director” (first occurring), substitute “Medicare Australia CEO”.

148

Paragraph 23B(4)(f)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

149

Subsection 23C(1)

Omit “Managing Director” (wherever occurring), substitute “Medicare Australia CEO”.

150

Subsection 23C(2)

Omit “Commission” (first occurring), substitute “Medicare Australia CEO”.

151

Subsection 23C(2)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

152

Subsection 23C(2)

Omit “Commission” (second occurring), substitute “Medicare Australia CEO”.

153

Subsection 23D(1)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

154

Subsection 24(1)

Omit “Commission”, substitute “Medicare Australia CEO”.

155

Subsection 24(1)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

156

Subsection 24(4)

Omit “Managing Director” (first occurring), substitute “Medicare Australia CEO”.

157

Paragraph 24(4)(a)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

158

Paragraphs 24(4)(a) and (b)

Omit “Commission”, substitute “Medicare Australia CEO”.

159

Subsections 24(5) and (6)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

160

Subsection 25(1)

Omit “Commission”, substitute “Medicare Australia CEO”.

161

Subsections 25(1) and (4)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

162

Subsection 25(4)

Omit “Commission”, substitute “Medicare Australia CEO”.

163

Subsection 25(5)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

164

Paragraphs 25(5)(a) and (b)

Omit “Commission”, substitute “Medicare Australia CEO”.

165

Subsections 25(6) and (7)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

166

Subsection 25(8)

Omit “Managing Director” (first occurring), substitute “Medicare Australia CEO”.

167

Paragraph 25(8)(a)

Omit “Managing Director” (wherever occurring), substitute “Medicare Australia CEO”.

168

Subsections 26(1) and (3)

Omit “Commission”, substitute “Medicare Australia CEO”.

169

Paragraph 26(6)(a)

Omit “Commission”, substitute “Medicare Australia CEO”.

170

Subsections 28(1) and (2)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

171

Subsection 32(1)

Omit “Managing Director” (first occurring), substitute “Medicare Australia CEO”.

172

Paragraphs 32(1)(a) and (b)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

173

Subsection 33C(1)

Omit “Commission”, substitute “Medicare Australia CEO”.

174

Paragraph 33D(1)(a)

Omit “Commission”, substitute “Medicare Australia CEO”.

175

Subsection 33D(2)

Omit “Managing Director” (first occurring), substitute “Medicare Australia CEO”.

176

Paragraphs 33D(2)(b) and (3)(a)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

177

Subsection 33H(2)

Omit “Commission”, substitute “Medicare Australia CEO”.

178

Subsection 33K(1)

Omit “Commission” (wherever occurring), substitute “Medicare Australia CEO”.

179

Subsection 34(1)

Omit “Commission” (first occurring), substitute “Medicare Australia CEO”.

180

Subparagraph 34(1)(b)(i)

Omit “Commission”, substitute “Medicare Australia CEO”.

181

Subparagraph 34(1)(b)(i)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

182

Subsection 34(2)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

183

Paragraphs 35(1)(a) and 36(1)(a)

Omit “Commission”, substitute “Medicare Australia CEO”.

184

Section 39

Omit “Commission”, substitute “Medicare Australia CEO”.

185

Subsection 40(1)

Repeal the subsection, substitute:
(1)
In addition to the functions of the Medicare Australia CEO under the Medicare Australia Act 1973, the Medicare Australia CEO has such additional functions as are conferred on the Medicare Australia CEO under this Act.
Note: The heading to section 40 is altered by omitting “Commission” and substituting “Medicare Australia CEO”.

186

Subsection 40(2)

Omit “Commission” (first occurring), substitute “Medicare Australia CEO”.

187

Subsection 40(2)

Omit “its”, substitute “his or her”.

188

Subsection 40(2)

Omit “Health Insurance Commission”, substitute “Medicare Australia”.

189

Subsection 41(1)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

190

Paragraph 41(1)(a)

Omit “officer of the Commission”, substitute “employee of Medicare Australia”.

191

Subsection 41(2)

Omit “Commission” (first occurring), substitute “Medicare Australia CEO”.

192

Subsection 41(2)

Omit “Health Insurance Commission”, substitute “Medicare Australia”.

193

Paragraph 41(3)(b)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

194

Paragraph 41(3)(c)

Omit “officer of the Commission”, substitute “employee of Medicare Australia”.

195

Subsection 42(1)

Omit “Managing Director” (wherever occurring), substitute “Medicare Australia CEO”.
Note: The heading to section 42 is altered by omitting “Managing Director” and substituting “Medicare Australia CEO”.
196
Subsection 42(3) (paragraph (a) of the definition of authorised officer)
Omit “Health Insurance Commission”, substitute “Medicare Australia”.
197
Subsection 42(3) (paragraph (b) of the definition of authorised officer)
Omit “officer of the Commission”, substitute “employee of Medicare Australia”.
198
Subsection 42(3) (paragraph (b) of the definition of authorised officer)
Omit “Managing Director”, substitute “Medicare Australia CEO”.

199

Paragraph 43(1)(c)

Omit “officer of the Commission”, substitute “employee of Medicare Australia”.

200

Subsections 43(3) and (5)

Omit “officer of the Commission”, substitute “employee of Medicare Australia”.

201

Subsection 43(5)

Omit “Commission” (second occurring), substitute “Medicare Australia CEO”.

202

Section 46

Omit “Commission” (first occurring), substitute “Medicare Australia CEO”.

203

Paragraph 46(b)

Omit “Commission”, substitute “Medicare Australia CEO”.

Health and Other Services (Compensation) Care Charges Act 1995

204

Paragraph 6(6)(a)

Omit “Commission”, substitute “Medicare Australia CEO”.

205

Paragraph 8(6)(a)

Omit “Commission”, substitute “Medicare Australia CEO”.

Health Insurance Act 1973

206

Subsection 3(1) (definition of Commission)

Repeal the definition.

207

Subsection 3(1)

Insert:
employee of Medicare Australia means an employee within the meaning of the Medicare Australia Act 1973.

208

Subsection 3(1)

Insert:
Medicare Australia CEO means the Chief Executive Officer of Medicare Australia.

209

Subsection 3(1) (definition of officer)

Repeal the definition.

210

Subsections 3D(1) and (3)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

211

Paragraph 3DA(3)(a)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

212

Subsection 3EA(1)

Omit “Commission”, substitute “Medicare Australia CEO”.

213

Subsection 3EA(2)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

214

Subsection 3EA(2)

Omit “Managing Director” (second occurring), substitute “Medicare Australia CEO”.

215

Paragraphs 3EA(3)(a) and (b)

Omit “Commission”, substitute “Medicare Australia CEO”.

216

Subsection 3EA(4)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

217

Subsection 3EA(5)

Omit “Commission”, substitute “Medicare Australia CEO”.

218

Subsection 3EA(6)

Omit “Managing Director”, substitute “Medicare Australia CEO”.
219
Subsection 3EA(7) (definition of authorised officer)
Omit “a Commission staff member authorised by the Managing Director”, substitute “an employee of Medicare Australia authorised by the Medicare Australia CEO”.
220
Subsection 3EA(7) (definition of Commission staff member)
Repeal the definition.

221

Subsection 3EB(1)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

222

Paragraphs 3EB(1)(a) and (b)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

223

Subsection 3EB(2)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

224

Subsections 3F(2) and (4)

Omit “Commission”, substitute “Medicare Australia CEO”.

225

Subsection 3F(6)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

226

Subsection 3F(6)

Omit “Managing Director” (second occurring), substitute “Medicare Australia CEO”.

227

Paragraphs 3F(6A)(a) and (b)

Omit “Commission”, substitute “Medicare Australia CEO”.

228

Subsection 3F(7)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

229

Subsection 3F(8)

Omit “Commission”, substitute “Medicare Australia CEO”.

230

Subsection 3F(9)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.
231
Subsection 3F(10) (definition of authorised officer)

Omit “a Commission staff member authorised by the Managing Director of the Commission”, substitute “an employee of Medicare Australia authorised by the Medicare Australia CEO”.
232
Subsection 3F(10) (definition of Commission staff member)
Repeal the definition.

233

Subsection 3G(1)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

234

Paragraphs 3G(1)(a) and (b)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

235

Subsection 3G(2)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

236

Subsections 3GA(2) and (4)

Omit “Commission”, substitute “Medicare Australia CEO”.

237

Paragraph 3GA(5)(a)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

238

Subsection 3GA(5)

Omit “Managing Director” (second occurring), substitute “Medicare Australia CEO”.

239

Paragraph 3GA(6)(a)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

240

Subparagraphs 3GA(6)(a)(i) and (ii)

Omit “Commission”, substitute “Medicare Australia CEO”.

241

Paragraph 3GA(6)(b)

Omit “Commission”, substitute “Medicare Australia CEO”.

242

Subsection 3GA(7)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

243

Subsection 3GA(8)

Omit “Commission”, substitute “Medicare Australia CEO”.

244

Subsection 3GB(1)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

245

Paragraphs 3GB(1)(a) and (b)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

246

Subsection 3GB(2)

Omit “Managing Director”, substitute “Medicare Australia CEO”.
247
Subsection 8(1A) (definition of General Manager)
Repeal the definition.

248

Subsection 10AA(2)

Omit “Commission” (first occurring), substitute “Medicare Australia CEO”.

249

Subsection 10AA(2)

Omit “General Manager”, substitute “Medicare Australia CEO”.

250

Subsection 10AA(2)

Omit “Commission” (second occurring), substitute “Medicare Australia CEO”.

251

Subsection 10AA(4)

Omit “Commission” (first occurring), substitute “Medicare Australia CEO”.

252

Subsection 10AA(4)

Omit “General Manager”, substitute “Medicare Australia CEO”.

253

Subsection 10AA(4)

Omit “Commission” (second occurring), substitute “Medicare Australia CEO”.

254

Subsection 10AA(5)

Omit “Commission” (first occurring), substitute “Medicare Australia CEO”.

255

Subsection 10AA(5)

Omit “General Manager”, substitute “Medicare Australia CEO”.

256

Subsection 10AA(5)

Omit “Commission” (second occurring), substitute “Medicare Australia CEO”.

257

Paragraphs 10AC(2)(a), (b) and (c)

Omit “Commission”, substitute “Medicare Australia CEO”.

258

Paragraphs 10AC(3)(a) and (b)

Omit “Commission”, substitute “Medicare Australia CEO”.

259

Paragraph 10ACA(4)(d)

Omit “Commission”, substitute “Medicare Australia CEO”.

260

Subsection 10ACA(5)

Omit “Commission”, substitute “Medicare Australia CEO”.

261

Paragraphs 10ACA(6)(c) and (d)

Omit “Commission”, substitute “Medicare Australia CEO”.

262

Paragraphs 10AD(3)(a), (b) and (c)

Omit “Commission”, substitute “Medicare Australia CEO”.

263

Paragraph 10ADA(5)(d)

Omit “Commission”, substitute “Medicare Australia CEO”.

264

Subsection 10ADA(6)

Omit “Commission”, substitute “Medicare Australia CEO”.

265

Paragraphs 10ADA(7)(c) and (d)

Omit “Commission”, substitute “Medicare Australia CEO”.

266

Subsection 10AE(1)

Omit “Commission” (first and second occurring), substitute “Medicare Australia CEO”.

267

Paragraph 10AE(1)(b)

Omit “Commission” (wherever occurring), substitute “Medicare Australia CEO”.

268

Subparagraph 16B(7)(e)(i)

Omit “Commission”, substitute “Medicare Australia CEO”.

269

Subparagraph 16B(11)(d)(i)

Omit “Commission”, substitute “Medicare Australia CEO”.

270

Paragraph 19AB(6)(b)

Omit “Commission”, substitute “Medicare Australia CEO”.

271

Subsection 19AB(6)

Omit “officer of the Commission”, substitute “employee of Medicare Australia”.

272

Subsection 19D(12)

Omit “Commission”, substitute “Medicare Australia CEO”.

273

Subsection 20(1)

Omit “Commission”, substitute “Medicare Australia CEO”.

274

Subsection 20(1A)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

275

Subsections 20(3) and (4)

Omit “Commission”, substitute “Medicare Australia CEO”.

276

Subsection 20A(3A)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

277

Subsections 20AB(1), (3) and (4)

Omit “Commission”, substitute “Medicare Australia CEO”.

278

Subsection 20AC(1)

Omit “Commission” (first and second occurring), substitute “Medicare Australia CEO”.

279

Paragraph 20AC(1)(a)

Omit “Commission”, substitute “Medicare Australia CEO”.

280

Subsection 20AC(2)

Omit “Commission” (first occurring), substitute “Medicare Australia CEO”.

281

Paragraph 20AC(2)(a)

Omit “Commission’s”, substitute “Medicare Australia CEO’s”.

282

Paragraph 20AC(2)(b)

Omit “Commission”, substitute “Medicare Australia CEO”.

283

Subsections 20AC(3), (4) and (5)

Omit “Commission”, substitute “Medicare Australia CEO”.

284

Subsection 20AD(1)

Omit “Commission” (wherever occurring), substitute “Medicare Australia CEO”.

285

Subsections 20AD(2), (3) and (4)

Omit “Commission”, substitute “Medicare Australia CEO”.

286

Subsection 20AD(4)

Omit “Commission’s”, substitute “Medicare Australia CEO’s”.

287

Subsection 20AD(5)

Omit “Commission”, substitute “Medicare Australia CEO”.

288

Paragraph 20B(1)(a)

Omit “Commission” (first and second occurring), substitute “Medicare Australia CEO”.

289

Paragraph 20B(1)(a)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

290

Paragraph 20B(1)(b)

Omit “Commission” (first and second occurring), substitute “Medicare Australia CEO”.

291

Paragraph 20B(1)(b)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

292

Paragraph 20B(2)(b)

Omit “Commission” (first and second occurring), substitute “Medicare Australia CEO”.

293

Paragraph 20B(2)(b)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

294

Subsections 20B(2A) and (3)

Omit “Commission”, substitute “Medicare Australia CEO”.

295

Paragraph 20BA(1)(e)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

296

Paragraph 20BA(1)(e)

Omit “officer of the Commission”, substitute “employee of Medicare Australia”.

297

Subsection 20BA(2)

Omit “Managing Director’s”, substitute “Medicare Australia CEO’s”.

298

Subsection 20BA(3)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

299

Paragraph 20BA(3)(c)

Omit “officer of the Commission”, substitute “employee of Medicare Australia”.

300

Paragraph 20BA(3)(d)

Omit “Managing Director’s”, substitute “Medicare Australia CEO’s”.

301

Subsection 20BA(4)

Omit “Managing Director’s”, substitute “Medicare Australia CEO’s”.

302

Subsection 20BA(5)

Omit “officer of the Commission”, substitute “employee of Medicare Australia”.

303

Subsection 23DA(1) (definition of officer)

Omit “other than the Commission”.

304

Paragraph 23DK(1A)(c)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

305

Paragraph 23DK(2A)(c)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

306

Subsection 23DK(3)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

307

Subsection 23DK(3)

Omit “officer of the Commission”, substitute “employee of Medicare Australia”.

308

Subsection 23DK(3)

Omit “Managing Director” (second occurring), substitute “Medicare Australia CEO”.

309

Subsection 23DK(4)

Omit “officer” (first occurring), substitute “employee of Medicare Australia”.

310

Subsection 23DK(4)

Omit “officer” (second occurring), substitute “employee”.

311

Subsection 23DKA(4)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

312

Subsection 23DKA(4)

Omit “officer of the Commission”, substitute “employee of Medicare Australia”.

313

Subsection 23DKA(5)

Omit “officer of the Commission”, substitute “employee of Medicare Australia”.

314

Subsection 23DKA(5)

Omit “officer” (second occurring), substitute “employee”.

315

Paragraphs 23DKA(7)(a) and (b)

Omit “officer of the Commission”, substitute “employee of Medicare Australia”.

316

Subsection 23DR(2)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

317

Subsections 23DR(2) and (3)

Omit “officer of the Commission”, substitute “employee of Medicare Australia”.

318

Subsection 23DR(3)

Omit “officer” (second occurring), substitute “employee”.

319

Subsection 23DS(4)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

320

Subsections 23DS(4) and (5)

Omit “officer of the Commission”, substitute “employee of Medicare Australia”.

321

Subsection 23DS(5)

Omit “officer” (second occurring), substitute “employee”.

322

Paragraphs 23DS(7)(a) and (b)

Omit “officer of the Commission”, substitute “employee of Medicare Australia”.

323

Subsection 23DSC(2)

Omit “Commission”, substitute “Medicare Australia CEO”.

324

Paragraph 23DSC(4)(c)

Omit “Commission”, substitute “Medicare Australia CEO”.

325

Subsection 23DSC(4)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

326

Paragraph 23DSC(5)(b)

Omit “Commission”, substitute “Medicare Australia CEO”.

327

Subsections 23DSC(6) and (7)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

328

Paragraphs 23DSD(1)(a), (b) and (c)

Omit “Commission” (wherever occurring), substitute “Medicare Australia CEO”.

329

Subsection 23DSD(2)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

330

Subsection 23DSD(4)

Omit “Managing Director”, substitute “Medicare Australia CEO”.
331
Section 46A (paragraph (b) of the definition of information relating to a child’s Australian immunisation encounter)
Omit “Commission”, substitute “Medicare Australia CEO”.
332
Section 46A (definition of recognised immunisation provider)
Omit “Commission”, substitute “Medicare Australia CEO”.

333

Section 46B

Omit “Commission’s”, substitute “Medicare Australia CEO’s”.
Note: The heading to section 46B is altered by omitting “Commission’s” and substituting “Medicare Australia CEO’s”.

334

Paragraph 46B(b)

Omit “Commission”, substitute “Medicare Australia CEO”.

335

Subparagraph 46B(d)(iii)

Omit “Commission”, substitute “Medicare Australia CEO”.

336

Paragraph 46B(d)

Omit “Commission” (second occurring), substitute “Medicare Australia CEO”.

337

Subsections 46C(1) and (2)

Omit “Commission” (wherever occurring), substitute “Medicare Australia CEO”.

338

Subsection 46D(5)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

339

Subsection 46D(6)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

340

Subsection 46D(7)

Omit “Commission”, substitute “Medicare Australia CEO”.

341

Subsection 46E(1)

Omit “Commission’s”, substitute “Medicare Australia CEO’s”.
Note: The heading to section 46E is altered by omitting “Managing Director of the Commission” and substituting “Medicare Australia CEO”.

342

Subsection 46E(1)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

343

Paragraph 46E(1)(c)

Omit “Commission”, substitute “Medicare Australia CEO”.

344

Subsection 46E(2)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

345

Subsection 80(3)

Omit “Commission”, substitute “Medicare Australia CEO”.
346
Subsection 81(1) (paragraph (a) of the definition of review period)
Omit “Commission”, substitute “Medicare Australia CEO”.

347

Division 3 of Part VAA (heading)

Repeal the heading, substitute:

Division 3—Medicare Australia CEO may request review

348

Subsection 86(1)

Omit “Commission”, substitute “Medicare Australia CEO”.
Note: The heading to section 86 is altered by omitting “Commission” and substituting “Medicare Australia CEO”.

349

Subsection 87(1)

Omit “Commission” (wherever occurring), substitute “Medicare Australia CEO”.
Note: The heading to section 87 is altered by omitting “Commission” and substituting “Medicare Australia CEO”.

350

Subsection 88(1)

Omit “Commission” (wherever occurring), substitute “Medicare Australia CEO”.

351

Subsection 88(1) (note)

Omit “Commission”, substitute “Medicare Australia CEO”.

352

Subsection 88(3)

Omit “Commission”, substitute “Medicare Australia CEO”.

353

Subsection 88(3)

Omit “it”, substitute “he or she”.

354

Subsection 88A(1)

Omit “Commission”, substitute “Medicare Australia CEO”.

355

Paragraph 88A(4)(b)

Omit “Commission”, substitute “Medicare Australia CEO”.

356

Subsection 88A(8)

Omit “Commission”, substitute “Medicare Australia CEO”.

357

Paragraphs 89(a) and (b)

Omit “Commission”, substitute “Medicare Australia CEO”.

358

Subsection 89A(1)

Omit “Commission”, substitute “Medicare Australia CEO”.
Note: The heading to section 89A is altered by omitting “Commission” and substituting “Medicare Australia CEO”.

359

Subsection 91(2)

Omit “Commission”, substitute “Medicare Australia CEO”.

360

Paragraph 92(4)(c)

Omit “Commission”, substitute “Medicare Australia CEO”.

361

Subsection 93(7)

Omit “Commission”, substitute “Medicare Australia CEO”.

362

Paragraphs 105(1)(b) and (2)(b)

Omit “Commission”, substitute “Medicare Australia CEO”.

363

Paragraph 106G(6)(b)

Omit “Commission”, substitute “Medicare Australia CEO”.

364

Subsection 106J(2)

Omit “Commission”, substitute “Medicare Australia CEO”.

365

Paragraphs 106J(3)(a), (b), (c) and (d)

Omit “Commission” (wherever occurring), substitute “Medicare Australia CEO”.

366

Subsection 106KB(2)

Omit “Commission”, substitute “Medicare Australia CEO”.

367

Subsections 106KC(1) and (2)

Omit “Commission”, substitute “Medicare Australia CEO”.

368

Subparagraph 106KE(1)(b)(iii)

Omit “Commission”, substitute “Medicare Australia CEO”.

369

Subparagraph 106L(5)(a)(iii)

Omit “Commission”, substitute “Medicare Australia CEO”.

370

Subsection 106N(1)

Omit “Commission”, substitute “Medicare Australia CEO”.
Note: The heading to section 106N is altered by omitting “Commission” and substituting “Medicare Australia CEO”.

371

Subsections 106W(1) and (2)

Omit “Commission”, substitute “Medicare Australia CEO”.

372

Subsection 106ZPM(3)

Omit “Commission”, substitute “Medicare Australia CEO”.

373

Paragraph 124EC(b)

Omit “officer of the Commission”, substitute “employee of Medicare Australia”.

374

Section 124EC

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

375

Subsection 129AAC(1)

Omit “officer of the Commission”, substitute “employee of Medicare Australia”.

376

Paragraph 129AC(2)(b)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

377

Subparagraph 129AC(2)(c)(i)

Omit “Managing Director” (wherever occurring), substitute “Medicare Australia CEO”.

378

Subsection 129AC(4)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

379

Subsection 129AC(4)

Omit “Commission”, substitute “Medicare Australia CEO”.

380

Section 129AF

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

381

Section 129AF

Omit “Managing Director” (second occurring), substitute “Medicare Australia CEO”.

382

Subsection 130(1)

Omit “Health Insurance Commission”, substitute “Medicare Australia”.

383

Subsections 130(3) and (3A)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

384

Paragraph 130(3D)(a)

Omit “Commission”, substitute “Medicare Australia CEO”.

385

Paragraph 130(4A)(a)

Omit “Commission”, substitute “Medicare Australia CEO”.

386

Subsection 130(5)

Omit “Commission”, substitute “Medicare Australia CEO”.

387

Subsection 130(5E)

Omit “Commission, or an officer of the Commission”, substitute “Medicare Australia CEO, or an employee of Medicare Australia”.

388

Subsection 130(6)

Omit “Managing Director of the Commission” (first occurring), substitute “Medicare Australia CEO”.

389

Paragraph 130(6)(f)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

390

Subsection 130(7)

Omit “Managing Director of the Commission” (first occurring), substitute “Medicare Australia CEO”.

391

Paragraph 130(7)(h)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

392

Subsection 130(25) (definition of officer)

Omit “Health Insurance Commission”, substitute “Medicare Australia”.

393

Subsections 131(1), (2) and (3)

Omit “Managing Director of the Commission”, substitute “Medicare Australia CEO”.

394

At the end of paragraphs 131(4)(a) and (aa)

Add “or”.

395

Paragraphs 131(4)(b) and (c)

Repeal the paragraphs, substitute:
(b)
the Medicare Australia CEO; or
(c)
an employee of Medicare Australia.

Hearing Services Administration Act 1997

396

Subsections 21(6) and (7) (notes)

Repeal the notes.
397
Subsection 21(10) (at the end of the definition of body)
Add:
; or (d)
the Chief Executive Officer of Medicare Australia.

Income Tax Assessment Act 1936

398

Paragraphs 16(4)(fa) and (fb)

Omit “Health Insurance Commission”, substitute “Chief Executive Officer of Medicare Australia”.

Medical Indemnity Act 2002

399

Subsection 4(1) (definition of HIC)

Repeal the definition.
400
Subsection 4(1) (paragraph (c) of the definition of late payment penalty)
Omit “HIC”, substitute “Medicare Australia CEO”.
401
Subsection 4(1) (definition of Managing Director)
Repeal the definition.

402

Subsection 4(1)

Insert:
Medicare Australia CEO means the Chief Executive Officer of Medicare Australia.
403
Subsection 4(1) (definition of qualifying claim certificate)
Omit “HIC”, substitute “Medicare Australia CEO”.

404

Subsection 10(2) (table item 9)

Omit “HIC”, substitute “Medicare Australia CEO”.

405

Subsection 13(2)

Omit “HIC”, substitute “Medicare Australia CEO”.

406

Subsection 13(3)

Omit “HIC” (wherever occurring), substitute “Medicare Australia CEO”.
Note: The heading to subsection 13(3) is altered by omitting “HIC’s” and substituting “Medicare Australia CEO’s”.

407

Paragraph 13(4)(b)

Omit “HIC”, substitute “Medicare Australia CEO”.

408

Subsection 13(6)

Omit “HIC” (wherever occurring), substitute “Medicare Australia CEO”.

409

Paragraph 16(1)(f)

Omit “HIC”, substitute “Medicare Australia CEO”.

410

Paragraph 17(1)(g)

Omit “HIC”, substitute “Medicare Australia CEO”.

411

Paragraph 19(b)

Omit “HIC”, substitute “Medicare Australia CEO”.

412

Subsection 23(2)

Omit “HIC”, substitute “Medicare Australia CEO”.

413

Subsection 23(3)

Omit “HIC” (wherever occurring), substitute “Medicare Australia CEO”.
Note: The heading to subsection 23(3) is altered by omitting “HIC’s” and substituting “Medicare Australia CEO’s”.

414

Paragraph 23(4)(b)

Omit “HIC”, substitute “Medicare Australia CEO”.

415

Subsection 23(6)

Omit “HIC” (wherever occurring), substitute “Medicare Australia CEO”.

416

Paragraph 24(1)(e)

Omit “HIC”, substitute “Medicare Australia CEO”.

417

Paragraph 24(5)(a)

Omit “HIC”, substitute “Medicare Australia CEO”.

418

Subsection 25(1)

Omit “HIC”, substitute “Medicare Australia CEO”.
Note: The heading to section 25 is altered by omitting “HIC” and substituting “Medicare Australia CEO”.

419

Paragraph 25(2)(b)

Omit “HIC”, substitute “Medicare Australia CEO”.

420

Subsection 26(1)

Omit “HIC”, substitute “Medicare Australia CEO”.
Note: The heading to section 26 is altered by omitting “HIC” and substituting “Medicare Australia CEO”.

421

Subsections 27(3) and (4)

Omit “HIC” (wherever occurring), substitute “Medicare Australia CEO”.

422

Subsections 27B(1) and (3)

Omit “HIC” (wherever occurring), substitute “Medicare Australia CEO”.
Note: The heading to section 27B is altered by omitting “HIC” and substituting “Medicare Australia CEO”.

423

Paragraph 27B(4)(b)

Omit “HIC”, substitute “Medicare Australia CEO”.

424

Subsection 28(2) (table item 7)

Omit “HIC”, substitute “Medicare Australia CEO”.

425

Subsections 34AB(1) and (3)

Omit “HIC” (wherever occurring), substitute “Medicare Australia CEO”.
Note: The heading to section 34AB is altered by omitting “HIC” and substituting “Medicare Australia CEO”.

426

Paragraph 34AB(4)(b)

Omit “HIC”, substitute “Medicare Australia CEO”.

427

Subsection 34A(3) (table item 12)

Omit “HIC”, substitute “Medicare Australia CEO”.

428

Subsection 34E(1)

Omit “HIC” (wherever occurring), substitute “Medicare Australia CEO”.
Note: The heading to section 34E is altered by omitting “HIC” and substituting “Medicare Australia CEO”.

429

Subsections 34E(4) and (5)

Omit “HIC” (wherever occurring), substitute “Medicare Australia CEO”.
Note: The heading to subsection 34E(5) is altered by omitting “HIC” and substituting “Medicare Australia CEO”.

430

Subsection 34E(5)

Omit “its”, substitute “his or her”.

431

Paragraphs 34H(2)(a) and (b)

Omit “HIC”, substitute “Medicare Australia CEO”.

432

Subsections 34I(1) and (2)

621

Paragraph 8‑5(2)(a)

Omit “HIC”, substitute “Medicare Australia CEO”.

622

Subsections 11‑5(1), (2), (3) and (4)

Omit “HIC” (wherever occurring), substitute “Medicare Australia CEO”.
Note: The heading to section 11‑5 is altered by omitting “HIC” and substituting “Medicare Australia CEO”.

623

Subsection 11‑20(1)

Omit “HIC”, substitute “Medicare Australia CEO”.
Note: The heading to section 11‑20 is altered by omitting “HIC” and substituting “Medicare Australia CEO”.

624

Subsections 11‑20(1), (2) and (3)

Omit “*Managing Director”, substitute “Medicare Australia CEO”.

625

Subsection 11‑20(4)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

626

Subsection 11‑25(1)

Omit “HIC”, substitute “Medicare Australia CEO”.

627

Subsection 11‑25(1)

Omit “it”, substitute “the Medicare Australia CEO”.

628

Subsection 11‑25(2)

Omit “HIC”, substitute “Medicare Australia CEO”.

629

Section 11‑35

Omit “HIC”, substitute “Medicare Australia CEO”.

630

Section 11‑35

Omit “*Managing Director”, substitute “Medicare Australia CEO”.

631

Subsections 11‑40(1) and (3)

Omit “HIC” (wherever occurring), substitute “Medicare Australia CEO”.

632

Subsections 11‑45(1) and (2)

Omit “HIC”, substitute “Medicare Australia CEO”.

633

Subsection 11‑50(2)

Omit “*Managing Director”, substitute “Medicare Australia CEO”.

634

Subsections 15‑5(1) and (2)

Omit “HIC” (wherever occurring), substitute “Medicare Australia CEO”.

635

Subsection 15‑10(1)

Omit “HIC”, substitute “Medicare Australia CEO”.

636

Subsection 15‑10(2)

Omit “*Managing Director”, substitute “Medicare Australia CEO”.

637

Subsection 15‑10(2)

Omit “Managing Director determines”, substitute “Medicare Australia CEO determines”.

638

Subsection 15‑10(4)

Omit “*Managing Director”, substitute “Medicare Australia CEO”.

639

Subsection 15‑15(3)

Omit “*Managing Director”, substitute “Medicare Australia CEO”.

640

Subsection 15‑20(1)

Repeal the subsection, substitute:
(1)
If the Medicare Australia CEO considers that a claim is incorrect, the Medicare Australia CEO may either refuse the claim or pay only such part of the claim as he or she is satisfied is correct.

641

Subsection 15‑20(1A)

Omit “HIC” (wherever occurring), substitute “Medicare Australia CEO”.

642

Subsection 15‑20(3)

Repeal the subsection, substitute:
(3)
The Medicare Australia CEO is taken, for the purposes of this Act, to have decided that a claim is correct if the Medicare Australia CEO does not give notice of his or her decision that the claim is incorrect on or before the day under subsection 15‑15(2) on or before which, if the claim were correct, it would have been required to have been paid.

643

Subsections 15‑21(2) and 15‑22(2)

Omit “*Managing Director”, substitute “Medicare Australia CEO”.

644

Paragraph 15‑23(1)(e)

Omit “*Managing Director”, substitute “Medicare Australia CEO”.

645

Subsection 15‑24(1)

Omit “*Managing Director”, substitute “Medicare Australia CEO”.

646

Subsection 15‑24(1)

Omit “Managing Director is satisfied”, substitute “Medicare Australia CEO is satisfied”.

647

Subsection 15‑24(2)

Omit “*Managing Director”, substitute “Medicare Australia CEO”.

648

Subsection 15‑24(2)

Omit “Managing Director is satisfied”, substitute “Medicare Australia CEO is satisfied”.

649

Subsection 15‑24(3)

Omit “*Managing Director”, substitute “Medicare Australia CEO”.

650

Subsection 15‑24(3)

Omit “Managing Director’s”, substitute “Medicare Australia CEO’s”.

651

Subsection 15‑24(5)

Omit “*Managing Director”, substitute “Medicare Australia CEO”.

652

Subsection 15‑24(5)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

653

Subsection 15‑24(5)

Omit “by the Managing Director”, substitute “by the Medicare Australia CEO”.

654

Subsection 15‑24(6)

Omit “*Managing Director”, substitute “Medicare Australia CEO”.

655

Subsection 15‑24(6)

Omit “fund, the Managing Director”, substitute “fund, the Medicare Australia CEO”.

656

Subsection 15‑25(1)

Omit “HIC”, substitute “Medicare Australia CEO”.

657

Paragraph 15‑25(2)(c)

Omit “HIC”, substitute “Medicare Australia CEO”.

658

Subsections 15‑25(3) and (4)

Omit “HIC”, substitute “Medicare Australia CEO”.

659

Subsection 15‑25(6)

Repeal the subsection, substitute:
(6)
The Medicare Australia CEO must notify the *health fund stating the Medicare Australia CEO’s decision on the reconsideration together with a statement of his or her reasons for the decision.

660

Subsection 15‑25(7)

Omit “HIC” (wherever occurring), substitute “Medicare Australia CEO”.

661

Subsection 15‑25(7)

Omit “its”, substitute “his or her”.

662

Subsection 16‑5(1)

Omit “HIC”, substitute “Medicare Australia CEO”.
Note: The heading to section 16‑5 is altered by omitting “HIC” and substituting “Medicare Australia CEO”.

663

Paragraph 16‑5(2)(c)

Omit “HIC”, substitute “Medicare Australia CEO”.

664

Subsection 16‑5(3)

Omit “HIC”, substitute “Medicare Australia CEO”.

665

Subsection 16‑5(3)

Omit “it”, substitute “he or she”.

666

Subsections 16‑5(4), (6) and (7)

Omit “HIC” (wherever occurring), substitute “Medicare Australia CEO”.

667

Subsection 16‑10(1)

Omit “HIC” (first occurring), substitute “Medicare Australia CEO”.
Note: The heading to section 16‑10 is altered by omitting “HIC” and substituting “Medicare Australia CEO”.

668

Paragraphs 16‑10(1)(a) and (b)

Omit “HIC”, substitute “Medicare Australia CEO”.

669

Subsection 16‑10(3)

Omit “HIC”, substitute “Medicare Australia CEO”.

670

Subparagraph 18‑5(1)(d)(iii)

Omit “HIC” (wherever occurring), substitute “Medicare Australia CEO”.

671

Subsection 18‑10(1)

Omit “*Managing Director”, substitute “Medicare Australia CEO”.

672

Paragraph 18‑10(1)(a)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

673

Subsection 18‑10(3)

Omit “*Managing Director”, substitute “Medicare Australia CEO”.

674

Subsections 18‑15(1) and (1A)

Omit “*Managing Director”, substitute “Medicare Australia CEO”.

675

Subsection 18‑15(1A)

Omit “Managing Director is”, substitute “Medicare Australia CEO is”.

676

Subsection 18‑15(3)

Omit “*Managing Director”, substitute “Medicare Australia CEO”.

677

Paragraph 18‑20(1)(a)

Omit “HIC”, substitute “Medicare Australia CEO”.
Note: The heading to section 18‑20 is altered by omitting “HIC” and substituting “Medicare Australia CEO”.

678

Subsection 18‑20(1)

Omit “HIC” (second occurring), substitute “Medicare Australia CEO”.

679

Subsection 18‑20(2)

Omit “HIC”, substitute “Medicare Australia CEO”.

680

Subsection 18‑20(2)

Omit “*Managing Director”, substitute “Medicare Australia CEO”.

681

Subsection 18‑20(3)

Omit “HIC”, substitute “Medicare Australia CEO”.

682

Paragraph 18‑20(3)(a)

Omit “it”, substitute “the Medicare Australia CEO”.

683

Subsection 18‑25(1)

Omit “HIC” (wherever occurring), substitute “Medicare Australia CEO”.

684

Paragraph 18‑25(3)(b)

Omit “HIC”, substitute “Medicare Australia CEO”.

685

Subsections 18‑25(4) and (5)

Omit “HIC”, substitute “Medicare Australia CEO”.

686

Subsections 18‑25(6), (7) and (8)

Repeal the subsections, substitute:
(6)
The Medicare Australia CEO must give you a notice stating his or her decision on the reconsideration together with a statement of his or her reasons for the decision.
(7)
The Medicare Australia CEO must make his or her decision on reconsideration of a decision within 28 days after the day on which he or she received an application for reconsideration.
(8)
The Medicare Australia CEO is taken, for the purposes of this Division, to have made a decision confirming the original decision if the Medicare Australia CEO has not told the applicant of his or her decision on the reconsideration before the end of the period of 28 days.

687

Subsection 19‑1(1)

Omit “HIC”, substitute “Medicare Australia CEO”.

688

Subsection 19‑1(2)

Omit “HIC” (first occurring), substitute “Medicare Australia CEO”.

689

Paragraph 19‑1(2)(k)

Omit “HIC”, substitute “Medicare Australia CEO”.

690

Paragraph 19‑1(2)(l)

Omit “*Managing Director”, substitute “Medicare Australia CEO”.

691

Subsection 19‑1(3)

Omit “*Managing Director”, substitute “Medicare Australia CEO”.

692

Paragraph 19‑1(5)(a)

Omit “HIC”, substitute “Medicare Australia CEO”.

693

Subsections 19‑2(1) and (2)

Omit “HIC” (wherever occurring), substitute “Medicare Australia CEO”.

694

Section 19‑3

Omit “HIC”, substitute “Medicare Australia CEO”.

695

Section 19‑3

Omit “it”, substitute “he or she”.

696

Paragraphs 19‑10(a), (b), (c) and (e)

Omit “HIC”, substitute “Medicare Australia CEO”.

697

Paragraph 19‑10(f)

Omit “*Managing Director”, substitute “Medicare Australia CEO”.

698

Paragraph 19‑10(g)

Omit “HIC”, substitute “Medicare Australia CEO”.

699

Subsection 19‑15(1)

Omit “The HIC”, substitute “(1)
The Medicare Australia CEO”.

700

Paragraph 19‑15(1)(h)

Omit “HIC”, substitute “Medicare Australia CEO”.

701

Subsection 19‑15(2)

Omit “HIC”, substitute “Medicare Australia CEO”.

702

Paragraph 19‑16(1)(b)

Omit “Managing Director”, substitute “Medicare Australia CEO”.

703

Paragraph 19‑16(1)(d)

Repeal the paragraph, substitute:
(d)
an employee of Medicare Australia.

704

Subsections 19‑16(2) and (3)

Repeal the subsections, substitute:
(2)
The Medicare Australia CEO may, by writing, delegate all or any of his or her powers under this Act to an employee of Medicare Australia.

705

Section 19‑25

Omit “HIC”, substitute “Medicare Australia CEO”.

706

Section 20‑5

Insert:
employee of Medicare Australia means an employee within the meaning of the Medicare Australia Act 1973.

707

Section 20‑5 (definition of HIC)

Repeal the definition.
708
Section 20‑5 (definition of Managing Director)
Repeal the definition.

709

Section 20‑5

Insert:
Medicare Australia CEO means the Chief Executive Officer of Medicare Australia.

Remuneration and Allowances Act 1990

710
Clause 3 of Schedule 2 (Part 3 of the table, table item dealing with the General Manager, Health Insurance Commission)
Repeal the item.

Social Security Act 1991

711
Subsection 23(1) (paragraph (b) of the definition of protected information)
Omit “the Health Insurance Commission”, substitute “Medicare Australia”.
712
Subsection 23(1) (after paragraph (b) of the definition of protected information)
Insert:
1. (ba)
  information about a person obtained by an officer under the family assistance law that was held in the records of the Health Insurance Commission; or
713
Subsection 23(1) (subparagraph (c)(iv) of the definition of protected information)
Repeal the subparagraph, substitute:
1. (iv)
  Medicare Australia.

Part 3Transitional provisions

714

Definitions

(1) In this Part:

amend includes repeal and remake.
asset means:
(a)
any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and
(b)
any right, power, privilege or immunity, whether actual, contingent or prospective;
but does not include a right, power, privilege or immunity conferred by an Act or by regulations or other subordinate legislation made under an Act.
CEO means the Chief Executive Officer of Medicare Australia.
commencement time means the time when this Part commences.
Commissioner means a Commissioner of HIC.
HeSA means Health eSignature Authority Pty Ltd (ACN 091 282 638).
HIC means the Health Insurance Commission established under the old law.
instrument:
(a)
includes:
(i)
a contract, deed, undertaking or agreement; and
(ii)
a notice, authority, order or instruction; and
(iii)
an instrument made under an Act or regulations; but
(b)
does not include an Act or regulations.
liability means any liability, duty or obligation, whether actual, contingent or prospective, but does not include a liability, duty or obligation imposed by an Act or by regulations or other subordinate legislation made under an Act.
Managing Director means the Managing Director of HIC.
new law means the Medicare Australia Act 1973 as in force after the commencement time.
old law means the Health Insurance Commission Act 1973 as in force before the commencement time.
(2) In this Part, unless a contrary intention is expressed, a reference to a law (however described) is a reference to a law of the Commonwealth.

715

Managing Director to become CEO

The person who was the Managing Director immediately before the commencement time under the old law, becomes the CEO immediately after the commencement time and holds office as if he or she were appointed for the remainder of his or her term as Managing Director by the Minister under Division 2 of Part IIA of the new law immediately after the commencement time.
716
Operation of laws—things done by, or in relation to, HIC
(1) If, before the commencement time, a thing was done by, or in relation to, HIC, a Commissioner, the Managing Director or HeSA, then, for the purposes of the operation of any law after the commencement time, the thing is taken to have been done by, or in relation to, the CEO.
(2) For the purposes of subitem (1), a thing done before the commencement time under a provision amended by this Schedule has effect from that time as if it were done under that provision as amended. However, this is not taken to change the time at which the thing was actually done.
(3) The Minister may, by writing, determine that subitem (1):
(a)
does not apply in relation to a specified thing done by, or in relation to, HIC, a Commissioner, the Managing Director or HeSA; or
(b)
applies as if the reference in that subitem to the CEO were a reference to the Commonwealth or to Medicare Australia.
A determination under this subitem has effect accordingly.
(4) The regulations may provide for a thing specified in a determination under paragraph (3)(a) to be taken to have been done by, or in relation to, a person or body other than the CEO, the Commonwealth or Medicare Australia.
(5) To avoid doubt, for the purposes of this item, doing a thing includes making an instrument.
(6) A determination made under subitem (3) is not a legislative instrument.

717

References in instruments

(1) If:

(a)
an instrument is in force immediately before the commencement time; and
(b)
the instrument contains a reference to HIC (however described), a Commissioner, the Managing Director or HeSA;
the instrument has effect from the commencement time as if the reference to HIC, the Commissioner, the Managing Director or HeSA were a reference to the CEO.

(2) If:

(a)
an instrument is in force immediately before the commencement time; and
(b)
the instrument contains a reference to an officer of HIC (however described);
the instrument has effect from the commencement time as if the reference to the officer of HIC were a reference to an employee of Medicare Australia.
(3) The Minister may, by writing, determine that subitem (1) or (2):
(a)
does not apply in relation to a specified reference; or
(b)
applies as if:
(i)
in the case of subitem (1)—the reference in that subitem to the CEO were a reference to the Commonwealth or to Medicare Australia; or
(ii)
in the case of subitem (2)—the reference in that subitem to an employee of Medicare Australia were a reference to the CEO.
A determination under this subitem has effect accordingly.
(4) The regulations may provide that an instrument containing a reference specified in a determination under paragraph (3)(a) has effect from the commencement time as if:
(a)
in the case of an instrument covered by subitem (1)—the reference were a reference to a person or body other than the CEO, the Commonwealth or Medicare Australia; or
(b)
in the case of an instrument covered by subitem (2)—the reference were a reference to a person or body other than the CEO or an employee of Medicare Australia.
(5) This item has effect subject to subitem 718(3).
(6) A determination made under subitem (3) is not a legislative instrument.
718
Transfer of assets and liabilities to the Commonwealth
Transfer of assets and liabilities

(1) At the commencement time:

(a)
the assets and liabilities of HIC become assets and liabilities of the Commonwealth without any conveyance, transfer or assignment; and
(b)
the Commonwealth becomes HIC’s successor in law in relation to those assets and liabilities.

(2) At the commencement time:

(a)
the assets and liabilities of HeSA become assets and liabilities of the Commonwealth without any conveyance, transfer or assignment; and
(b)
the Commonwealth becomes HeSA’s successor in law in relation to those assets and liabilities.
Instruments relating to transferred assets and liabilities

(3) If:

(a)
an instrument is in force immediately before the commencement time; and
(b)
the instrument relates to assets or liabilities covered by subitem (1) or (2); and
(c)
the instrument refers to HIC (however described) or to HeSA;
the reference is to be read as a reference to the Commonwealth as necessary to give effect to subitems (1) and (2).
Proceedings relating to transferred assets and liabilities
(4) If, immediately before the commencement time, any proceedings:
(a)
that related to assets or liabilities covered by subitem (1) or (2); and
(b)
to which HIC or HeSA was a party;
were pending in any court or tribunal, then, from the commencement time, the Commonwealth is substituted for HIC or HeSA as a party to the proceedings.
719
Recording Commonwealth ownership of assets and liabilities

(1) This item applies if:

(a)
an asset or liability becomes an asset or liability of the Commonwealth under item 718; and
(b)
a law of the Commonwealth or a State or Territory provides for the registration or recording of interests, or the transfer of interests, in such an asset or liability.
(2) The Minister may give the person responsible for such registration or recording (the registration official) a certificate that:
(a)
is signed by the Minister; and
(b)
identifies the asset or liability; and
(c)
states that, under item 718, the asset or liability has become an asset or liability of the Commonwealth.

(3) The registration official may:

(a)
deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets or liabilities of that kind; and
(b)
make such entries in the register or record as are necessary having regard to the effect of this Part.
(4) A document that appears to be a certificate given in accordance with subitem (2):
(a)
is taken to be such a certificate; and
(b)
is taken to have been properly given;
unless the contrary is established.

721

Transfer of staff

Long service leave

(1) If:

(a)
a member of the staff of HIC transfers, or is transferred, to Medicare Australia; and
(b)
previous employment of the staff member could have been taken into account for the purposes of calculating the staff member’s entitlement to long service leave as a member of the staff of HIC;
the previous employment must be taken into account in a similar manner for the purposes of calculating the staff member’s entitlement to long service leave as an employee of Medicare Australia.
Other staffing matters
(2) The regulations may prescribe other matters of a transitional nature in relation to the transfer of staff from HIC to Medicare Australia.
(3) Without limiting subitem (2), regulations under that subitem may provide for:
(a)
some or all of the entitlements and obligations of the staff of HIC to be preserved; or
(b)
HIC staffing procedures to apply, or to continue to apply, in relation to:
(i)
processes begun before, but not completed by, the commencement time; or
(ii)
things done by, for or in relation to HIC or a staff member of HIC before the commencement time; or
(c)
Medicare Australia staffing procedures to apply in relation to:
(i)
processes begun before, but not completed by, the commencement time; or
(ii)
things done by, for or in relation to HIC or a staff member of HIC before the commencement time.
(4) Regulations made under this item have effect despite the Public Service Act 1999.

(5) In this item:

staffing procedures includes procedures and policies related to recruitment, promotion, performance management, inefficiency, misconduct, forfeiture of position, fitness for duty, loss of essential qualifications, disciplinary action, reviews of or appeals against staffing decisions, transfers, redundancy, resignations, termination of employment, grievance processes and leave.

722

Transfer of records

At the commencement time, the records and documents of HIC and HeSA become the records and documents of the CEO.

723

Access by Commissioners to records

For the purposes of the operation of subsection 27L(4) of the Commonwealth Authorities and Companies Act 1997 in relation to the books of HIC, the reference in that subsection to a Commonwealth authority is to be read, after the commencement time, as a reference to the CEO.

724
Financial statements and other reporting requirements
Financial statements

(1) If:

(a)
immediately before the commencement time, a law required HIC, a Commissioner or the Managing Director to provide financial statements for a period; and
(b)
the period ends after the commencement time;
the CEO must, within 3 months after the commencement time, provide the statements for so much of the period as occurs before the commencement time.
Other reporting requirements

(2) If:

(a)
immediately before the commencement time, a law required HIC, a Commissioner or the Managing Director to provide a report (other than financial statements) for a period; and
(b)
the period ends after the commencement time;
the CEO must provide the report, as required, for so much of the period as occurs before the commencement time.

(3) If:

(a)
under subitem (2), the CEO is required to provide a report for a part of a period; and
(b)
the CEO is also required to provide a similar report for the remainder of the period;
the CEO may meet the requirements in a single report for the period.
Outstanding reporting requirements

(4) If:

(a)
a law required HIC, a Commissioner or the Managing Director to provide a report (whether financial statements or otherwise) for a period that ended before the commencement time; and
(b)
the report has not been provided by the commencement time;
the CEO must provide the report as required.

725

Substitution of parties to proceedings

(1) If, immediately before the commencement time, any proceedings to which HIC, a Commissioner, the Managing Director or HeSA was a party were pending in any court or tribunal, then, from the commencement time, the CEO is substituted for HIC, the Commissioner, the Managing Director or HeSA as a party to the proceedings.
(2) This item has effect subject to subitem 718(4).
726
Exemption from stamp duty and other State or Territory taxes
No stamp duty or other tax is payable under a law of a State or Territory in respect of, or anything connected with:
(a)
the transfer of an asset or liability under this Part; or
(b)
the operation of this Part in any other respect.
727
Constitutional safety net—acquisition of property

(1) If:

(a)
a provision of this Schedule would result in an acquisition of property; and
(b)
the provision would not be valid, apart from this item, because a particular person has not been compensated;
the Commonwealth must pay that person:
(c)
a reasonable amount of compensation agreed on between the person and the Commonwealth; or
(d)
failing agreement—a reasonable amount of compensation determined by a court of competent jurisdiction.
(2) Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this item must be taken into account in assessing compensation payable in a proceeding begun under this item and arising out of the same event or transaction.

(3) In this item:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
728
Operation of the Administrative Decisions (Judicial Review) Act 1977
Despite the amendment made by item 80, the Administrative Decisions (Judicial Review) Act 1977 has effect in relation to decisions made before the commencement time as if that amendment had not been made.
729
Operation of the Freedom of Information Act 1982
The Freedom of Information Act 1982 has effect after the commencement time as if the reference to Medicare Australia in Division 1 of Part II of Schedule 2 to that Act included a reference to HIC.

730

Delegation by Minister

(1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Part to:
(a)
the Secretary of the Department; or
(b)
an SES employee, or acting SES employee, in the Department; or
(c)
the CEO.
(2) In exercising or performing powers or functions under a delegation, the delegate must comply with any directions of the Minister.
(3) A power or function delegated to the CEO under subitem (1) must not be sub‑delegated under subsection 8AC(3) of the Medicare Australia Act 1973.

731

Regulations

(1) The Governor‑General may make regulations prescribing matters:
(a)
required or permitted by this Schedule to be prescribed; or
(b)
necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.
(2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.

Notes to the Human Services Legislation Amendment Act 2005

Note 1

The Human Services Legislation Amendment Act 2005 as shown in this compilation comprises Act No. 111, 2005 amended as indicated in the Tables below.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Human Services Legislation Amendment Act 2005	111, 2005	6 Sept 2005	See s. 2(1)
Statute Stocktake Act (No. 1) 2011	100, 2011	15 Sept 2011	Schedule 1 (item 6): 16 Sept 2011	—

Act

Number

and year

Date

of Assent

Date of commencement

Application, saving or transitional provisions

Human Services Legislation Amendment Act 2005

111, 2005

6 Sept 2005

See s. 2(1)

Statute Stocktake Act (No. 1) 2011

100, 2011

15 Sept 2011

Schedule 1 (item 6): 16 Sept 2011

—

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Schedule 2
Item 720................................	rep. No. 100, 2011