National Health Regulations (Amendment) (Cth)

Statutory Rules 1995

No. 408 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 12 December 1995.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

CARMEN LAWRENCE

Minister for Human Services and Health

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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   Subregulation 47 (1):

Omit the subregulation, substitute:

 “(1) For the purposes of paragraph (b) of the definition of ‘accident and sickness insurance business’ in subsection 67 (4) of the Act, the following kinds of business are prescribed:

• (a)

  the business (other than excluded business) of undertaking liability, by way of insurance, to pay a lump sum, or to make periodic payments, on the happening of a personal accident, disease or sickness, where the extent of the insurer’s liability is calculated by reference to, or is in any way contingent upon, a period of time during which a person is a patient in a hospital;

• (b)

  the business of undertaking liability, by way of insurance, to pay a lump sum, or to make periodic payments, on the happening of a personal accident, disease or sickness, where the business includes the offer, promotion or offer and promotion of a policy (or a group of policies) in which:

  • (i)

    the amount of benefit varies according to the kind of insured event that occurs; and

  • (ii)

    the insured event is defined in terms that ordinarily involve the provision of hospital treatment or relevant health services;

 whether or not the insurer’s liability is in any way contingent on any treatment or services being provided to the insured, or on the payment of fees or charges for any treatment or services.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 December 1995.

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 and 289.