States (Tax Sharing and Health Grants) Amendment Act (No. 2) 1983 (Cth)

States (Tax Sharing and Health Grants) Amendment Act (No. 2) 1983

No. 53 of 1983

An Act to amend the States (Tax Sharing and Health Grants) Act 1981, and for related purposes

[Assented to 1 October 1983]

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

Short title, &c.

1. (1) This Act may be cited as the States (Tax Sharing and Health Grants) Amendment Act (No. 2) 1983.

(2) The States (Tax Sharing and Health Grants) Act 19811is in this Act referred to as the Principal Act.

Commencement

2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent.

(2) Section 5 shall come into operation on 1 February 1984.

Health grants for 1983-84 and for 1984-85

3. Section 18 of the Principal Act is amended—

(a) by omitting sub-section (2) and substituting the following sub-section:

“(2) The States are together entitled to the payment, in respect of the year commencing on 1 July 1984, by way of financial assistance, of an amount that bears to the sum of—

(a) the amount to which the States (other than South Australia and Tasmania) are together entitled under sub-section (1) in respect of the year commencing on 1 July 1983;

(b) the amount to which South Australia is entitled under sub-section (3) in respect of the year commencing on 1 July 1983;

(c) the amount to which Tasmania is entitled under sub-section (3) in respect of the year commencing on 1 July 1983;

(d) the agreed amount for South Australia; and

(e) the agreed amount for Tasmania,

the same proportion as the total amount of the taxes collected by the Commonwealth in the last-mentioned year bears to the total amount of taxes collected by the Commonwealth in the year commencing on 1 July 1982.”; and

(b) by omitting sub-section (4) and substituting the following sub-sections:

“(4) In addition to the payments to which South Australia and Tasmania are each entitled under sub-section (3) in respect of the year commencing on 1 July 1983, each of those States is entitled to the payment, in respect of that year, by way of financial assistance, of an amount equal to the difference between the agreed amount for that State and the sum of the amounts paid to that State by the Commonwealth in respect of the period commencing on 1 July 1983 and expiring on 31 January 1984 under the cost sharing agreement subsisting between the Commonwealth and that State during that period under section 30 of the Health Insurance Act 1973.

“(5) In this section, ‘agreed amount’, in relation to South Australia or Tasmania, means an amount agreed upon between the Commonwealth Minister for Health and the Minister for Health for that State to represent the amount that would have been payable to the State in respect of the year commencing on 1 July 1983 under the cost sharing agreement subsisting between the Commonwealth and that State under section 30 of the Health Insurance Act 1973 relating to the provision of hospital services if—

(a) that agreement as in force immediately before 1 February 1984 had continued in force during the period commencing on 1 February 1984 and expiring on 30 June 1984; and

(b) the policies in relation to charges for provision of those hospital services in effect in that State immediately before 1 February 1984 had continued in effect during the period referred to in paragraph (a).”.

Distribution of certain health grants among the States

4. Section 19 of the Principal Act is amended—

(a) by omitting”, 18 (1) or 18 (2)” and substituting “or 18 (1)”; and

(b) by adding at the end thereof the following sub-section:

“(2) An amount to which the States are together entitled under sub-section 18 (2) shall be distributed among the States in such manner as is prescribed for the purposes of that sub-section.”.

Repeal of section 20

5. Section 20 of the Principal Act is repealed.

6. Sections 22 and 23 of the Principal Act are repealed and the following section is substituted:

Amounts payable to South Australia and Tasmania are additional to certain entitlements under the Health Insurance Act 1973

“22. The amounts payable to South Australia and Tasmania under Part III in respect of the year commencing on 1 July 1981, 1 July 1982 or 1 July 1983 are in addition to any amounts payable to those States in respect of that year, or, so far as the year commencing on 1 July 1983 is concerned, any part of that year, under the Health Insurance Act 1973 in accordance with agreements under section 30 of that Act with those States for the provision of hospital services.”.

NOTE

1. No. 99, 1981, as amended. For previous amendments, see Nos. 8 and 94. 1982: and No. 31. 1983.