National Health Act 1953 Condition of Registration pursuant to subsection 73B(1) (03/11/2005) (Cth)

AUSTRALIAN GOVERNMENT

NATIONAL HEALTH ACT 1953

CONDITION OF REGISTRATION PURSUANT TO SUBSECTION 73B(1) OF THE NATIONAL HEALTH ACT 1953

I, TONY ABBOTT, Minister for Health and Ageing, hereby:

IMPOSE, with effect from the date after registration on the Federal Register of Legislative Instruments, pursuant to subsection 73B(1) of the National Health Act 1953, the following conditions as further conditions of registration, to which the registration of organisations generally are subject.

(a)     In relation to contributors or dependants transferring from one organisation to another organisation, the receiving organisation must not impose (in any form) a benefit limitation period on any of its applicable benefits arrangements.

(b)     In relation to contributors or dependants transferring from one applicable benefits arrangement to another applicable benefits arrangement (the new applicable benefits arrangement) with the same organisation, the organisation must not impose (in any form) a benefit limitation period on the new applicable benefits arrangement.

(c)     If a contributor or dependant is currently serving a benefit limitation period with an organisation, following transfer from another organisation, the receiving organisation must cease to impose the benefit limitation period by 1 December 2005, and must notify affected contributors and dependants before 1 December 2005 that their applicable benefits arrangement will cease to be subject to a benefit limitation period.

Definition

(d)    For the purposes of the conditions of registration contained in paragraphs (a), (b) and (c) above, a benefit limitation period is a period of time set by the organisation, during which a contributor or dependant is eligible to receive an amount of benefit under an applicable benefits arrangement that is less than the amount of benefit the contributor or dependant would be eligible to receive under the applicable benefits arrangement following the expiration of that period of time.

(e)    A waiting period permitted by the National Health Act 1953, including a waiting period applied to part of the benefit of a transferring member in accordance with the portability provisions of Schedule 1 of that Act [paragraphs (la) to (ld)], is not a benefit limitation period for the purposes of the conditions of registration contained in paragraphs (a), (b) and (c) above.

Dated this    3rd              day of                   November   2005

Tony Abbott

…………………………………..

TONY ABBOTT

Minister for Health and Ageing