States Grants (Hospital Operating Costs) Act 1976 (Cth)

STATES GRANTS (HOSPITAL OPERATING COSTS) ACT 1976
- Reprinted as at 31 January 1984 (#DATE 31:01:1984)

*1* The States Grants (Hospital Operating Costs) Act 1976 as shown in this reprint comprises Act No. 80, 1976 amended as indicated in the Tables below.

Table of Acts
----------------------------------------------------------------------------- Application, saving
Number Date Date of or
transitional Act and year of Assent commencement provisions
----------------------------------------------------------------------------- States Grants
(Hospital
Operating Costs)
Act 1976 80, 1976 10 June
1976 10 June 1976
Administrative
Changes
(Consequential
Provisions) Act
1978 36, 1978 12 June
1978 12 June 1978 S. 8
----------------------------------------------------------------------------- Table of Amendments
ad. = added or inserted am. = amended rep. =
repealed rs. = repealed and substituted
----------------------------------------------------------------------------- Provision affected How affected
----------------------------------------------------------------------------- Ss. 4, 5 . . . . . . am. No. 36, 1978
-----------------------------------------------------------------------------

STATES GRANTS (HOSPITAL OPERATING COSTS) ACT 1976 - TABLE OF PROVISIONS 
TABLE

                             TABLE  OF  PROVISIONS

Section

  1.       Short title

  2.       Commencement

  3.       Interpretation

  4.       Grant of financial assistance

  5.       Conditions, &c.

  6.       Appropriation

  7.       Private hospitals

  8.       Act not to validate agreements

STATES GRANTS (HOSPITAL OPERATING COSTS) ACT 1976 - LONG TITLE 
SECT

An Act to grant Financial Assistance to the States in relation to the Costs of
Operating Hospitals

STATES GRANTS (HOSPITAL OPERATING COSTS) ACT 1976 - SECT 1 
Short title 
SECT

  1. This Act may be cited as the States Grants (Hospital Operating Costs) Act
1976.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

STATES GRANTS (HOSPITAL OPERATING COSTS) ACT 1976 - SECT 2 
Commencement 
SECT

  2. This Act shall come into operation on the day on which it receives the
Royal Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

STATES GRANTS (HOSPITAL OPERATING COSTS) ACT 1976 - SECT 3 
Interpretation 
SECT

  3. In this Act-

  "Health Insurance Act" means the Health Insurance Act 1973 or that Act as
amended and in force from time to time;

  "hospital agreement" means a document purporting to be an agreement entered
into before the commencement of this Act by the Commonwealth with a State
under section 30 of the Health Insurance Act.

STATES GRANTS (HOSPITAL OPERATING COSTS) ACT 1976 - SECT 4 
Grant of financial assistance 
SECT

  4. (1) Subject to sub-section (2), the Minister for Finance may authorize
the payment to a State, by way of financial assistance to the State for the
purpose of meeting operating costs of hospitals in the State incurred, or to
be incurred, before 1 October 1976, of such amounts as the Minister for
Finance, after consultation with the Minister of State for Health, from time
to time determines.
  (2) The Minister for Finance shall not authorize payments to the States
under sub-section (1) that exceed, in the aggregate, $315,000,000.

STATES GRANTS (HOSPITAL OPERATING COSTS) ACT 1976 - SECT 5 
Conditions, &c. 
SECT

  5. (1) Payment of an amount to a State under this Act is subject to the
condition imposed by sub-section (2) and to such other terms and conditions as
the Minister for Finance, after consultation with the Minister of State for
Health, determines, which may include terms and conditions as to repayment.
  (2) Payment of an amount to a State under this Act is subject to the
condition that, if the Minister for Finance informs the Treasurer of the State
that he is satisfied, by reason of a decision of a competent court, that
moneys are payable to the State in accordance with a hospital agreement for
the purpose of meeting operating costs of hospitals in the State incurred
before 1 October 1976, the State will repay that amount, or such part of that
amount as the Minister for Finance specifies, to the Commonwealth.
  (3) An amount repayable by a State to the Commonwealth in accordance with a
condition subject to which an amount is paid to the State under this Act is a
debt due by the State to the Commonwealth and, without prejudice to any other
remedy of the Commonwealth, may be set off against any amount payable by the
Commonwealth to the State.

STATES GRANTS (HOSPITAL OPERATING COSTS) ACT 1976 - SECT 6 
Appropriation 
SECT

  6. Amounts payable to a State under this Act are payable out of the
Consolidated Revenue Fund, which is appropriated accordingly.

STATES GRANTS (HOSPITAL OPERATING COSTS) ACT 1976 - SECT 7 
Private hospitals 
SECT

  7. Sections 33 and 34 of the Health Insurance Act have effect, and shall be
deemed to have had effect, as if each hospital agreement were a valid
agreement.

STATES GRANTS (HOSPITAL OPERATING COSTS) ACT 1976 - SECT 8 
Act not to validate agreements 
SECT

  8. Nothing in this Act shall be taken to have the effect, whether by
implication or otherwise, of making valid, or declaring to be valid, a
purported agreement that was invalid when made.