Human Services (Medicare) Act 1973
No. 41, 1974
Compilation No. 51
Compilation date: 1 November 2025
Includes amendments: Act No. 45, 2025
About this compilation
This compilation
This is a compilation of the Human Services (Medicare) Act 1973 that shows the text of the law as amended and in force on 1 November 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short title
2 Commencement
3 Definitions
3A Definition of relevant offence
3B Norfolk Island
Part IIA—Chief Executive Medicare
4 Chief Executive Medicare
4A Acting Chief Executive Medicare
5 Functions of Chief Executive Medicare
6 Chief Executive Medicare’s medicare functions
7 Chief Executive Medicare’s service delivery functions
7A Agreements about performance of Chief Executive Medicare’s functions
8AC Delegation
8AD Commonwealth consent to conferral of functions etc. on Chief Executive Medicare by State and Territory laws
8AE How duty is imposed on Chief Executive Medicare by State and Territory laws
8AF When State and Territory laws impose a duty on Chief Executive Medicare
8B Chief Executive Medicare may be assisted by Departmental employees
Part IID—Investigative powers of Chief Executive Medicare
Division 1—Preliminary
8K Crown to be bound
8L Authorisation to exercise powers under this Part
8M Authorised officers
8N Identity cards
Division 2—General power to obtain information
8P Chief Executive Medicare may obtain information etc.
8Q Content of notices
8R Offences
8RA Use of information
8S Self‑incrimination
8T Exemption
Division 3—Searches in relation to possible relevant offences and relevant civil contraventions
8U Authorised…
Overview
The Human Services (Medicare) Act 1973 was enacted to address the need for a comprehensive legal framework governing the administration of Medicare services in Australia. The Act was introduced by the Commonwealth Parliament to establish the role and functions of the Chief Executive Medicare, provide mechanisms for the enforcement and regulation of Medicare-related activities, and safeguard the integrity of Medicare programs. The primary objective of the Act is to ensure the efficient and effective delivery of healthcare services through Medicare, as well as to maintain the financial and operational integrity of the program.
Scope and Application
The Human Services (Medicare) Act 1973 is Commonwealth legislation that applies across Australia, including Norfolk Island, the Territory of Cocos (Keeling) Islands, and the Territory of Christmas Island. The Act establishes the role and functions of the Chief Executive Medicare, who is responsible for overseeing the administration of Medicare programs and services provided under the Act. The Chief Executive Medicare can delegate certain functions to Departmental employees, subject to specific conditions and limitations. The Act grants the Chief Executive Medicare investigative powers to obtain information, conduct searches, and execute warrants for the purpose of monitoring compliance and investigating relevant offences and civil contraventions. These powers are exercised by authorised officers, who are Departmental employees appointed by the Chief Executive Medicare. The Act also outlines the procedures for issuing search warrants and executing search warrants, including the rights of occupiers and the conditions under which evidence obtained may be used. Additionally, the Act protects the privacy of patients by requiring notification and providing the right to observe searches. The Chief Executive Medicare can charge fees for services provided under the Act, and the Act mandates an annual report on the Department's activities, including statistics on the use of investigative powers. The Act's application can be extended through subordinate instruments, such as regulations made under the Act.
Key Provisions
- The Human Services (Medicare) Act 1973 establishes the framework for the provision of Medicare services in Australia, detailing the roles, responsibilities, and powers of the Chief Executive Medicare, who is also the Chief Executive Officer of Services Australia. The Act delineates the specific functions of the Chief Executive Medicare, including the administration of Medicare benefits and the provision of services under various health-related Acts. The Chief Executive Medicare is empowered to delegate certain functions to Departmental employees and may enter into agreements with other Departments to share the performance of these functions.
- The Act grants the Chief Executive Medicare investigative powers, including the authority to obtain information and conduct searches related to possible relevant offences and civil contraventions. Authorised officers, appointed by the Chief Executive Medicare, are empowered to require individuals to provide information or documents if there are reasonable grounds to suspect a relevant offence or civil contravention. Failure to comply with such notices is an offence punishable by imprisonment for up to six months.
- The Chief Executive Medicare can issue search warrants for premises associated with activities related to Medicare benefits or pharmaceutical benefits, allowing authorised officers to enter, search, and seize evidential material. The Act also provides for the use of electronic equipment to access data and mandates that patients be advised in writing if their clinical records are examined in the course of an investigation.
- In terms of offences and penalties, the Act imposes strict liability for failing to comply with notices to provide information or produce documents, with penalties including imprisonment. Additionally, making false statements in applications for warrants and other specified offences are subject to penalties, including imprisonment for up to two years.
- The Act also includes provisions to protect the integrity of the Medicare name and symbols, prohibiting unauthorised use by individuals or entities. Offences under this section are punishable by fines. The Chief Executive Medicare is authorised to charge fees for services provided, and the Act outlines specific Medicare programs, including services under various health-related Acts.
- The annual report of the Department must include statistics related to the enforcement of the Act, such as the number of notices issued and search warrants executed. The Act also includes provisions for arrangements with State and Territory magistrates for the performance of certain functions and regulates the disclosure of information subject to multiple secrecy provisions under different Acts.
- Area of Law
- Health Law
- Administrative Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Regulatory Standards
- Enforcement Powers
- Offence Provisions
