Dental Benefits (Consequential Amendments) Act 2008

Administered by Department of Health, Disability and Ageing

Legislation au C2008A00042 In force Act

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Dental Benefits (Consequential Amendments) Act 2008

 

No. 42, 2008

 

 

 

 

 

An Act to deal with consequential matters in connection with the Dental Benefits Act 2008, and for other purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Age Discrimination Act 2004

A New Tax System (Family Assistance) (Administration) Act 1999

Health Insurance Act 1973

Jurisdiction of Courts (Crossvesting) Act 1987

Medicare Australia Act 1973

Sea Installations Act 1987

Social Security (Administration) Act 1999

Student Assistance Act 1973

 

 

 

Dental Benefits (Consequential Amendments) Act 2008

No. 42, 2008

 

 

 

An Act to deal with consequential matters in connection with the Dental Benefits Act 2008, and for other purposes

[Assented to 25 June 2008]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Dental Benefits (Consequential Amendments) Act 2008.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

25 June 2008

2.  Schedule 1

At the same time as the Dental Benefits Act 2008 commences.

26 June 2008

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendments

 

Age Discrimination Act 2004

1  Schedule 2 (after table item 3)

Insert:

3A

Dental Benefits Act 2008

section 5 and Part 4

A New Tax System (Family Assistance) (Administration) Act 1999

2  After paragraph 162(1)(a)

Insert:

 (aa) the Dental Benefits Act 2008; or

3  After paragraph 162(2)(d)

Insert:

 (daa) for the purposes of the Dental Benefits Act 2008; or

Health Insurance Act 1973

4  Subsection 130(1)

After “1973”, insert “, the Dental Benefits Act 2008”.

Jurisdiction of Courts (Cross‑vesting) Act 1987

5  Schedule

Insert in its appropriate alphabetical position, determined on a letterbyletter basis:

 

Dental Benefits Act 2008

Medicare Australia Act 1973

6  Section 3

Insert:

dental benefit has the same meaning as in the Dental Benefits Act 2008.

7  After paragraph 3A(1)(bb)

Insert:

 (bc) an offence against the Dental Benefits Act 2008; or

8  Paragraph 3A(1)(c)

Omit “or (bb)”, substitute “, (bb) or (bc)”.

9  After paragraph 3A(2)(ba)

Insert:

 (bb) an offence against section 50, 51, 52, 53 or 54 of the Dental Benefits Act 2008; or

10  Paragraph 3A(2)(c)

Omit “or (ba)”, substitute “, (ba) or (bb)”.

11  Subparagraph 3A(2)(d)(i)

After “service”, insert “or dental service”.

12  After paragraph 3A(2A)(ca)

Insert:

 (cb) an offence against section 50, 51, 52, 53 or 54 of the Dental Benefits Act 2008; or

13  Paragraph 3A(2A)(d)

Omit “or (ca)”, substitute “, (ca) or (cb)”.

14  Subparagraph 3A(2A)(e)(i)

After “service”, insert “or dental service”.

15  Subsection 3A(3)

Insert:

dental service has the same meaning as in the Dental Benefits Act 2008.

16  Paragraph 8P(4)(b)

Repeal the paragraph, substitute:

 (b) the information or documents relate to:

 (i) a service the person has received in respect of which medicare benefit or dental benefit has been claimed; or

 (ii) a pharmaceutical benefit supplied to, or in respect of, the person.

17  Subsection 8U(5)

Omit all the words after “that are”, substitute:

  associated with:

 (a) rendering services in respect of which medicare benefits or dental benefits have been paid or may be payable; or

 (b) the prescription for the supply of, or the supply of, pharmaceutical benefits.

Sea Installations Act 1987

18  Schedule

Insert in its appropriate alphabetical position, determined on a letterbyletter basis:

 

Dental Benefits Act 2008

Social Security (Administration) Act 1999

19  Subsection 202(1)

Omit all the words after “security law”, substitute “, the Farm Household Support Act 1992, the Dental Benefits Act 2008 or the Family Homelessness Prevention and Early Intervention Pilot”.

20  Paragraph 202(2)(d)

Omit “or the Farm Household Support Act 1992”, substitute “, the Farm Household Support Act 1992 or the Dental Benefits Act 2008”.

Student Assistance Act 1973

21  At the end of subsection 351(1)

Add “or the Dental Benefits Act 2008”.

22  After paragraph 351(2)(d)

Insert:

 (da) for the purposes of the Dental Benefits Act 2008; or

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 29 May 2008

Senate on 18 June 2008]

(99/08)

 

Overview

The Dental Benefits (Consequential Amendments) Act 2008 was enacted by the Parliament of Australia to address the consequential matters arising from the implementation of the Dental Benefits Act 2008. This legislation was designed to ensure that other related Acts are appropriately updated and aligned with the new dental benefits framework established by the 2008 Act. The Act received Royal Assent on 25 June 2008 and commenced on 26 June 2008, the same day as the Dental Benefits Act 2008. The primary policy objective of this Act is to facilitate a seamless integration of the new dental benefits provisions into the existing legal framework by making necessary amendments to various related Acts. The Dental Benefits (Consequential Amendments) Act 2008 includes amendments to several Acts, such as the Age Discrimination Act 2004, A New Tax System (Family Assistance) (Administration) Act 1999, Health Insurance Act 1973, Jurisdiction of Courts (Cross-vesting) Act 1987, Medicare Australia Act 1973, Sea Installations Act 1987, Social Security (Administration) Act 1999, and Student Assistance Act 1973. These amendments are intended to reflect the new definitions and provisions introduced by the Dental Benefits Act 2008 and to ensure consistency across the legislative landscape. The Act's Schedule details the specific amendments required in each of the affected Acts.

Scope and Application

The Dental Benefits (Consequential Amendments) Act 2008 applies to various legislative instruments in order to align them with the provisions of the Dental Benefits Act 2008. Specifically, it amends the Age Discrimination Act 2004, A New Tax System (Family Assistance) (Administration) Act 1999, Health Insurance Act 1973, Jurisdiction of Courts (Cross-vesting) Act 1987, Medicare Australia Act 1973, Sea Installations Act 1987, Social Security (Administration) Act 1999, and Student Assistance Act 1973. The Act ensures that these pieces of legislation are consistent with the new provisions introduced by the Dental Benefits Act 2008. The Act applies to individuals and entities involved in activities related to dental benefits, such as providers, insurers, and claimants. The amendments made by the Act are effective as of 25 June 2008, with specific provisions aligning with the commencement of the Dental Benefits Act 2008 on 26 June 2008. There are no stated exclusions, exemptions, or thresholds in the Act itself; however, the application and enforcement of the amended provisions may be subject to regulations or guidelines issued under the relevant Acts.

Key Provisions

The Dental Benefits (Consequential Amendments) Act 2008 (C2008A00042) makes amendments to various existing Acts to reflect changes resulting from the Dental Benefits Act 2008. Section 1 provides the short title of the Act, while Section 2 details the commencement dates of the Act's provisions, with Sections 1 to 3 and unspecified provisions commencing on the day the Act receives Royal Assent, 25 June 2008, and the Schedules to commence on 26 June 2008, the same day as the Dental Benefits Act 2008. The main operative sections are found in the Schedules, which detail amendments to the Age Discrimination Act 2004, the New Tax System (Family Assistance) (Administration) Act 1999, the Health Insurance Act 1973, the Jurisdiction of Courts (Cross-vesting) Act 1987, the Medicare Australia Act 1973, the Sea Installations Act 1987, the Social Security (Administration) Act 1999, and the Student Assistance Act 1973. The Act imposes several obligations on the parties and entities it governs. For instance, it amends the Age Discrimination Act 2004 to include references to the Dental Benefits Act 2008, ensuring that age-related discrimination in the context of dental benefits is addressed. It also modifies the New Tax System (Family Assistance) (Administration) Act 1999 to include the Dental Benefits Act 2008, aligning family assistance policies with dental benefit regulations. Furthermore, the Health Insurance Act 1973 is updated to reflect the new dental benefit provisions, while the Jurisdiction of Courts (Cross-vesting) Act 1987 and the Medicare Australia Act 1973 are amended to incorporate definitions and references to dental benefits and services. The Sea Installations Act 1987, the Social Security (Administration) Act 1999, and the Student Assistance Act 1973 are similarly adjusted to integrate the new dental benefit framework. The Act does not explicitly outline offences, penalties, or civil/criminal consequences for breaches within its text. However, given that it makes consequential amendments to various Acts, any breaches of the provisions in the Dental Benefits Act 2008 or related regulations would be subject to the penalties and consequences outlined in those specific Acts. For instance, violations of the Dental Benefits Act 2008 may incur fines or other penalties as specified within that Act, while breaches of other amended Acts would be dealt with according to their respective provisions. The Act ensures that the legislative landscape is coherent and consistent with the introduction of the Dental Benefits Act 2008, thereby facilitating effective implementation and enforcement of dental benefit regulations across the amended Acts.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.