National Health Regulations (Amendment) (Cth)

Statutory Rules 1997

No. 133 1

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National Health Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the National Health Act 1953.

Dated 16 June 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

MICHAEL WOOLDRIDGE

Minister for Health and Family Services

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1.   Amendment

1.1   The National Health Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 47 (Prescribed business—definition of “accident and sickness insurance business” in subsection 67 (4) of the Act)

2.1   Subparagraph 47 (1) (b) (ii):

Omit “ordinarily”.

3.   ­Regulation 48 (Prescribed business—definition of “health insurance business” in subsection 67 (4) of the Act)

3.1   After subregulation 48 (2), insert:

 “(2A) For paragraph (e) of the definition of ‘health insurance business’ in subsection 67 (4) of the Act, health insurance business does not include the business of undertaking liability by way of insurance for:

• (a)

  death benefits; or

• (b)

  benefits payable if the insured is more likely than not to die within 2 years after making a claim for illness or injury; or

• (c)

  benefits payable if the insured has a disability caused by an illness or injury and, because of the disability:

  • (i)

    is permanently unable to work in the category of occupation defined in the policy; or

  • (ii)

    is accepted by the insurer as being unable to work because of loss of sight or limb; or

• (d)

  benefits payable as income replacement or as premium payments for a contract of insurance because the insured is disabled and restricted from earning income; or

• (e)

  if the insured is not employed—benefits payable by reference to the time for which the insured is disabled and cannot carry out domestic activities; or

• (f)

  benefits payable:

  • (i)

    because of an event defined in the policy; and

  • (ii)

    in a lump sum or in parts; and

  • (iii)

    if the total benefit payable for each event defined in the policy is at least $10,000.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 17 June 1997.

2. Statutory Rules 1954 No. 35 as amended by 1957 No. 71; 1958 No. 63; 1962 Nos. 55, 70 and 113; 1965 Nos. 17, 94 and 185; 1966 No. 99; 1967 No. 86; 1969 Nos. 91 and 220; 1970 Nos. 70 and 166; 1971 Nos. 28, 76, 103 and 138; 1972 No. 79; 1973 Nos. 17, 75, 111, 221, 225 and 267; 1974 Nos. 52, 104, 105, 113 and 263; 1975 Nos. 14, 49, 66, 100, 124, 165 and 207; 1976 Nos. 113, 217 and 227; 1977 Nos. 11, 34, 51 and 112; 1978 Nos. 66, 178, 208 and 266; 1979 Nos. 59, 107, 208 and 231; 1980 Nos. 84, 292 and 309; 1981 Nos. 43, 97, 115, 232 and 318; 1982 Nos. 38, 82, 84, 250 and 284; 1983 Nos. 45, 247 and 267; 1984 Nos. 66, 161, 200, 308, 322 and 427; 1985 Nos. 86, 136, 186, 187, 206 and 288; 1986 Nos. 47, 53, 208, 330, 353 and 360; 1987 Nos. 50, 76, 100 and 310; 1989 Nos. 291, 292 and 334; 1990 Nos. 24, 86, 114, 292, 335 and 396; 1991 Nos. 40, 41, 232, 262, 263, 310 and 339; 1992 Nos. 136 and 187; 1993 Nos. 48, 85, 153, 260, 261, 273, 280 and 284; 1994 Nos. 2, 9, 106, 139, 201, 253, 256, 296, 349 and 451; 1995 Nos. 1, 14, 34, 52, 109, 116, 161, 220, 288, 289, 408 and 410; 1996 Nos. 46, 183 and 333; 1997 Nos. 16 and 58.