National Health (Medical Benefits) Regulations (Amendment) (Cth)

STATUTORY RULES.

1953. No. 75.

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REGULATION UNDER THE NATIONAL HEALTH SERVICE ACT 1948-1949.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the National Health Service Act 1948-1949.

Dated this Seventh day of August, 1953.

W. J. SLIM

Governor-General.

By His Excellency’s Command,

SGD. EARLE PAGE

Minister of State for Health.

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AMENDMENTS OF THE NATIONAL HEALTH (MEDICAL BENEFITS) REGULATIONS. 

Regulation 43 of the National Health (Medical Benefits) Regulations is amended—

(a) by adding at the end of sub-regulation (1.) the words—

“Penalty: Fifty pounds or imprisonment for six months.”; and

(b) by adding at the end of that regulation the following sub-regulations:—

“(3.) A person shall not make a representation which implies that a person who pays contributions to an organization that is not a registered organization shall or may be entitled to receive—

(a) payment of Commonwealth benefit under these Regulations; or

(b) payment from the Commonwealth of an amount in respect of a professional service rendered to the person who pays those contributions.

Penalty: Fifty pounds or imprisonment for six months.

“(4.) A person shall not publish or display or cause to be published or displayed an advertisement or notice which indicates that an organization conducts a medical benefits fund unless the advertisement or notice states—

(a) in the case of an organization that is a registered organization—that the organization is a registered organization; or

 

* Notified in the Commonwealth Gazette on , 1953.

  Statutory Rules 1953, No. 21.

3188.—Price 3D. 10/22.7.1953.

 

(b) in any other case—that the organization is not a registered organization.

Penalty: Fifty pounds or imprisonment for six months.

“(5.) Where a person convicted of an offence against this regulation—

(a) is a body corporate; or

(b) is a person who purported to act for or on behalf of a body corporate,

every person who, on the date of the commission of the offence, was a director, officer or servant actively concerned in the conduct of the business of the body corporate shall be deemed to be guilty of the offence, unless he proves that the offence was committed without his knowledge and that he used all due diligence to prevent the commission of the offence.

“(6.) For the purposes of a prosecution for an offence against this regulation, the Director-General may, by writing under his hand, certify that, on a date specified in the certificate—

(a) an organization specified in the certificate was a registered organization; or

(b) an organization specified in the certificate was not a registered organization.

“(7.) In a prosecution for an offence against this regulation—

(a) a certificate purporting to have been given under the last preceding sub-regulation—

• (i)

   is evidence of the facts stated in the certificate; and

(ii) shall, unless the contrary is proved, be deemed to have been signed by the person by whom it purports to be signed; and

(b) that person shall, unless the contrary is proved, be deemed to be the Director-General.”.

 

By Authority: L. F. JOHNSTON, Commonwealth Government Printer, Canberra.