Health Insurance Commission Amendment Act 1976

Legislation au C2004A01492 Not in force Act

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HEALTH INSURANCE COMMISSION AMENDMENT ACT 1976

 

No. 61 of 1976

 

An Act to amend the Health Insurance Commission Act 1973 to make provision for Medibank Contributors.

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

Short title and citation.

1. (1) This Act may be cited as the Health Insurance Commission Amendment Act 1976.

(2) The Health Insurance Commission Act 1973, as amended by this Act, may be cited as the Health Insurance Commission Act 1973-1976.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

3. After Part II of the Health Insurance Commission Act 1973 the following Part is inserted:—

“PART IIa—MEDIBANK CONTRIBUTORS

Medibank contributors.

“8a. (1) For the purpose of the obtaining of benefits under the Health Insurance Act 1973-1976 without liability to pay the levy imposed by the Health Insurance Levy Act 1976, a person may make application, in accordance with the approved form, to the Commission, on behalf of himself or of himself and his dependants, to become a Medibank contributor or Medibank contributors.

“(2) Where an application under this section is duly made and, except where the application is made under sub-section (6) and its approval would not affect the rate of contributions applicable to the applicant, a contribution in accordance with this section in respect of such period as the Commission determines is paid, the Commission shall approve the application and shall notify the applicant, in writing, accordingly specifying in the notification the date of effect of the approval.

“(3) The date of effect of an approval of an application under this section is—

(a) where the application is made on or before 30 November 1976—1 October 1976 or such later date as is requested by the applicant;

(b) where the application is made under sub-section (1) after 30 November 1976—the date requested by the applicant, being a date not earlier than the date on which the application was made;

(c) where the application is made under sub-section (6) after 30 November 1976 and the applicant has no dependants who are Medibank contributors—the date on which the application is made or such later date as is requested by the applicant; or

(d) where the application is made under sub-section (6) after 30 November 1976 and the applicant has a dependant who is a Medibank contributor—the date on which the person specified in the application became a dependant of the applicant.

“(4) The period in respect of which an amount of contribution is paid under sub-section (2) in respect of an application shall be deemed to commence, or to have commenced, on the date of effect of the approval of the application.


“(5) A person to whom an approval under sub-section (2) relates becomes, or shall be deemed to have become, a Medibank contributor on—

(a) where—

(i) the application to which the approval relates is made on or before 30 November 1976: or

(ii) the application to which the approval relates is made under sub-section (6) after 30 November 1976 and the applicant has, by reason of an earlier application (whether made under sub-section (1) or sub-section (6), a dependant who is a Medibank contributor,

the date of effect of the approval; or

(b) in any other case—the date 2 months after the date of effect of the approval.

“(6) Where a person becomes a dependant of a Medibank contributor, the Medibank contributor may make application, in accordance with the approved form, to the Commission for that dependant to become a Medibank contributor.

“(7) The regulations may prescribe rates of contribution under this section in respect of classes of persons.

“(8) It is a condition of an approval under sub-section (2) that the applicant shall pay contributions, or continue to pay contributions, in accordance with such of the prescribed rates as is applicable to him, to the Commission at such times, and in such amounts, as the Commission determines from time to time.

''(9) Where a Medibank contributor fails to comply with the condition set out in sub-section (8), the Commission may revoke the approval or approvals affected by that failure.

“(10) A revocation under sub-section (9) takes effect, or shall be deemed to have taken effect, on a date specified by the Commission, being a date immediately following the expiration of a period of 2 months commencing on the day immediately following the last day in respect of which contributions were paid to the Commission by the Medibank contributor in accordance with the condition set out in sub-section (8).

“(11) A Medibank contributor referred to in sub-section (9), and any dependant of the Medibank contributor, ceases to be, or shall be deemed to have ceased to be, a Medibank contributor on the day on which the revocation under that sub-section takes effect or is deemed to have taken effect.

“(12) In this section, ‘approved form’ means a form approved by the Minister for the purposes of this section.”.

 

Overview

The Health Insurance Commission Amendment Act 1976 was enacted by the Queen, in accordance with the authority of the Senate and House of Representatives of the Commonwealth of Australia. The Act was designed to amend the Health Insurance Commission Act 1973, introducing provisions for Medibank Contributors. The legislative intent was to facilitate the process for individuals to apply and become Medibank Contributors, thereby enabling them to access benefits under the Health Insurance Act 1973 without incurring the levy imposed by the Health Insurance Levy Act 1976. This amendment aimed to streamline and formalise the application process for individuals seeking to become Medibank Contributors, thereby expanding access to health insurance benefits.

Scope and Application

The Health Insurance Commission Amendment Act 1976 applies to individuals who wish to become Medibank contributors, which is an initiative to provide health insurance benefits under the Health Insurance Act 1973 without incurring the levy imposed by the Health Insurance Levy Act 1976. The Act provides a structured process for individuals to apply to the Health Insurance Commission to become Medibank contributors, either for themselves or for themselves and their dependants, by submitting an approved application form. The Commission then assesses the application and, subject to certain conditions, approves it and notifies the applicant accordingly. The Act applies nationally across the Commonwealth of Australia and it does not explicitly state any exclusions or exemptions, implying that the provisions are broadly applicable to any eligible individual unless otherwise specified by subordinate regulations. The Act itself lays out the primary framework, while the detailed rates of contribution and other specific operational aspects are to be governed by regulations that may be made under the authority of this Act.

Key Provisions

The Health Insurance Commission Amendment Act 1976 (section 8a) introduces the concept of Medibank contributors, allowing individuals to apply to the Commission to become Medibank contributors, thereby obtaining benefits under the Health Insurance Act 1973-1976 without being subject to the levy imposed by the Health Insurance Levy Act 1976. The application process requires individuals to complete an approved form, and upon successful application and payment of the required contribution, the Commission will approve the application and notify the applicant in writing, specifying the date of effect of the approval (sections 8a(2) and (3)). Dependents of Medibank contributors can also apply to become contributors through a similar process (section 8a(6)). Parties governed by the Act, particularly those who apply to become Medibank contributors, must adhere to several obligations. These include completing the approved application form accurately and submitting it to the Commission, paying the required contributions as per the prescribed rates (section 8a(8)), and ensuring timely and consistent payment of these contributions to maintain their status as Medibank contributors (section 8a(9)). Failure to comply with the condition of paying contributions will result in the revocation of their approval, and they will cease to be Medibank contributors (section 8a(9) and (11)). In the case of breaches, particularly the failure of a Medibank contributor to comply with the payment conditions, the Commission has the authority to revoke the contributor's approval (section 8a(9)). The revocation takes effect after a specified period of two months from the last day on which contributions were paid (section 8a(10)). The Act does not explicitly state any civil or criminal penalties for non-compliance beyond the revocation of Medibank contributor status; however, the loss of benefits associated with Medibank contributor status would be a significant consequence.

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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.