National Health Act 1976 (Cth)

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NATIONAL HEALTH ACT 1976

No. 1 of 1976

An Act to amend the National Health Act 1953-1975.

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

Short title and citation.

1. (1) This Act may be cited as the National Health Act 1976.

(2) The National Health Act 1953-1975 is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the National Health Act 1953-1976.

Commencement.

2. (1) Sections 1, 2, 4 and 7 shall come into operation on the day on which this Act receives the Royal Assent.

(2) The remaining provisions of this Act shall come into operation on 1 March 1976.

Interpretation.

3.Section 13 of the Principal Act is amended by omitting sub-section (3).

4.After section 13 of the Principal Act the following section is inserted:—

Commonwealth benefit to cease to be payable.

“13aa. Notwithstanding any other provision of this Part, Commonwealth benefit is not, and shall be deemed never to have been, payable in respect of—

(a) a professional service in respect of which medical expenses were incurred on or after 1 July 1975; or

(b) a medical service rendered outside Australia on or after 1 July 1975.”.

Entitlement to Commonwealth benefit.

5.Section 14 of the Principal Act is amended by omitting sub-section (3).

Interpretation.

6.Section 38 of the Principal Act is amended by omitting sub-section (3).

7. After section 38 of the Principal Act the following section is inserted:—

Commonwealth benefit, &c., to cease to be payable.

“38a. Notwithstanding any other provision of this Part—

(a) no Commonwealth benefit is payable in respect of hospital treatment received by a qualified hospital patient in Australia on or after 1 April 1976; and

(b) no hospital benefit is payable in respect of hospital treatment received by a patient in a hospital outside Australia on or after 1 April 1976.”.

Commonwealth benefit payable in respect of contributors.

8.Section 46 of the Principal Act is amended by omitting sub-section (3).

Conditions to which registrations are to be deemed to be subject.

9. Section 73b of the Principal Act is amended by omitting paragraph (a).

Contributors at concessional rates.

10. Section 82f of the Principal Act is amended by omitting sub-section (2).

Repeal of Division 3 of Part VI.

11. Division 3 of Part VI of the Principal Act is repealed.

Interpretation.

12. Section 84 of the Principal Act is amended–

(a) by omitting from sub-section (1) the definition of “dependant”;

 

(b) by inserting in sub-section (1), after the definition of “pharmaceutical benefit”, the following definition:—

“‘prescribed maximum amount’, in relation to a prescription (other than a prescription that is marked, in accordance with the regulations, as a prescription in respect of a pensioner), means an amount of $2;”;

(c) by omitting from sub-section (1) the definition of “the appropriate maximum amount”; and

(d) by omitting sub-section (1aa).

Limited charges for pharmaceutical benefits.

13. Section 87 of the Principal Act is amended–

(a) by omitting from sub-section (2) the word “appropriate” and substituting the word “prescribed”; and

(b) by omitting from sub-section (3) the word “appropriate” (wherever occurring) and substituting the word “prescribed”.

Payment for supply of benefits.

14.Section 99 of the Principal Act is amended by omitting from sub-section (2a) the word “appropriate” (wherever occurring) and substituting the word “prescribed”.

Moneys from which payments under this Act are to be made.

15.Section 137 of the Principal Act is amended by omitting sub-section (3).

Application of amendments made by sections 12, 13 and 14.

16.

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