EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 249
ISSUED BY AUTHORITY OF THE MINISTER FOR HEALTH
HEALTH INSURANCE COMMISSION REGULATIONS (AMENDMENT)
Section 44 of the Health Insurance Commission Act 1973 (‘the Act’) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The regulations effect a number of formal amendments of the Health Insurance Commission Regulations (‘the Regulations’) which do not involve any considerations of a policy nature. The regulations repeal regulations 3, 4 and 5 of the existing Regulations, which, as a result of amendments of the Act, no longer accorded with the original authority for making under section 44 of the Act.
Regulation 3 of the Regulations prescribed for the purposes of former sub-section 12(1) of the Act, salaries payable to part-time Commissioners of
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the Health Insurance Commission (‘the Commission’) in respect of any period of office before 1 January 1975. Subsequent to the making of regulation 3, section 12 of the Act was repealed by the Health Insurance Commission Amendment Act 1978, and the current section 12 substituted. Salaries are now paid to part-time Commissioners, as provided for by the current section 12, in accordance with a determination of the Remuneration Tribunal pursuant to the Remuneration Tribunals Act 1973.
Regulation 4 of the Regulations prescribed, for the purposes of former sub-section 22(1) of the Act, the salary payable to the General Manager of the Commission prior to 1 January 1975. Subsequent to the making of regulation 4, section 22 of the Act was repealed by the Health Insurance Commission Amendment Act 1978, and the current section 22 substituted. Salary is now paid to the General Manager of the Commission, as provided for by the current section 22, in accordance with a determination of the Remuneration Tribunal.
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Regulation 5 of the regulations prescribed, for the purposes of former sub-sections 12 (2) and 22(2) of the Act, allowances to be paid where a part-time Commissioner or the General Manager of the Commission performs his duties overseas. Subsequent to the making of regulation 5, sections 12 and 22 were repealed by the Health Insurance Commission Amendment Act 1978, and the current sections 12 and 22 substituted. The allowances are now paid, as provided for by sub-sections 12(3) and 22(3) of the Act, in accordance with a determination of the Remuneration Tribunal.
The statutory rules commenced to operate on the date of their notification in the Commonwealth of Australia Gazette.