Health Insurance (Pathology) (Fees) Act 1991

Administered by Department of Health, Disability and Ageing

Legislation au C2004A04266 Not in force Act

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No. 191, 1991

Compilation No. 1

Compilation date: 1 July 2016

Includes amendments up to: Act No. 58, 2015

Registered: 18 July 2016

About this compilation

This compilation

This is a compilation of the Health Insurance (Pathology) (Fees) Act 1991 that shows the text of the law as amended and in force on 1 July 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Short title

2 Commencement

3 Interpretation

4 External Territories

5 Fees payable

6 Amount of fee

7 By whom and when fee payable

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

An Act relating to fees payable for certain purposes of the Health Insurance Act 1973

1 Short title

This Act may be cited as the Health Insurance (Pathology) (Fees) Act 1991.

2 Commencement

This Act commences on the day on which the Health Insurance (Pathology) Amendment Act 1991 commences.

3 Interpretation

In this Act, unless the contrary intention appears:

approved pathology authority undertaking means an undertaking signed and given by a person under subsection 23DF(1) of the Health Insurance Act.

approved pathology practitioner undertaking means an undertaking signed and given by a medical practitioner under subsection 23DC(1) of the Health Insurance Act.

Health Insurance Act means the Health Insurance Act 1973.

4 External Territories

This Act extends to:

(aa) Norfolk Island; and

(a) the Territory of Cocos (Keeling) Islands; and

(b) the Territory of Christmas Island.

5 Fees payable

A fee is payable to the Commonwealth in respect of:

(a) the acceptance of an approved pathology practitioner undertaking under subsection 23DC(1) of the Health Insurance Act; and

(b) the acceptance of an approved pathology authority undertaking under subsection 23DF(1) of the Health Insurance Act; and

6 Amount of fee

(1) The fee payable in respect of the acceptance of an approved pathology practitioner undertaking is $500.

(2) The fee payable in respect of the acceptance of an approved pathology authority undertaking is $1,500.

(3) The fee payable in respect of the approval of premises as an accredited pathology laboratory is:

(a) if the highest category of accreditation is allocated to the laboratory—$2,500; or

(b) if the second highest category of accreditation is allocated to the laboratory—$2,000; or

(d) if any lower category of accreditation is allocated to the laboratory—$750.

7 By whom and when fee payable

(1) The fee in respect of the acceptance of an approved pathology practitioner undertaking or an approved pathology authority undertaking is payable, by the person who gave the undertaking, at any time after the undertaking has been accepted under the Health Insurance Act.

(2) The fee in respect of the approval of premises as an accredited pathology laboratory is payable, by the person who applied for the approval, at any time after the premises have been so approved in principle under subsection 23DN(1) of the Health Insurance Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Health Insurance (Pathology) (Fees) Act 1991	191, 1991	11 Dec 1991	11 Dec 1991 (s 2)
Health Insurance (Pathology) (Fees) Amendment (Norfolk Island) Act 2015	58, 2015	26 May 2015	Sch 1: 1 July 2016 (s 2(1) item 2)	—

Endnote 4—Amendment history

Provision affected	How affected
s 4.....................	am No. 58, 2015

Overview

The Health Insurance (Pathology) (Fees) Act 1991 was enacted to address the need for a legislative framework governing the fees associated with pathology services under the Health Insurance Act 1973. This Act specifies the fees payable to the Commonwealth for the acceptance of pathology practitioner and pathology authority undertakings, as well as for the approval of premises as accredited pathology laboratories. The Act was enacted by the Australian Parliament and extends to Norfolk Island, the Territory of Cocos (Keeling) Islands, and the Territory of Christmas Island. The primary policy objective is to ensure that fees for pathology services are clearly defined and regulated, thereby supporting the administration of health insurance benefits related to pathology.

Scope and Application

The Health Insurance (Pathology) (Fees) Act 1991 applies to individuals and entities engaged in pathology services under the Health Insurance Act 1973, specifically regulating fees associated with the acceptance of approved pathology practitioner and pathology authority undertakings, as well as the approval of premises for accreditation as pathology laboratories. The Act applies to Norfolk Island, the Territory of Cocos (Keeling) Islands, and the Territory of Christmas Island. Fees are specified for the acceptance of approved pathology practitioner and pathology authority undertakings, and for the accreditation of pathology laboratories, with varying amounts based on the level of accreditation. The fees must be paid by the individuals or entities who provided the relevant undertakings or applied for accreditation, at a time after the respective actions have been accepted or approved. The Act does not specify any exclusions, exemptions, or thresholds, and its application is not extended or restricted through subordinate instruments.

Key Provisions

The Health Insurance (Pathology) (Fees) Act 1991 (the "Act") establishes the fees payable to the Commonwealth in relation to certain pathology services under the Health Insurance Act 1973 (sections 5 and 6). The Act applies to Norfolk Island and the Cocos (Keeling) Islands and Christmas Island (section 4). The primary fees outlined in the Act include $500 for the acceptance of an approved pathology practitioner undertaking, $1,500 for the acceptance of an approved pathology authority undertaking, and fees ranging from $750 to $2,500 for the approval of premises as an accredited pathology laboratory, depending on the category of accreditation (section 6). These fees are payable by the relevant parties at specified times following the acceptance of the undertaking or approval of the premises (section 7). Under the Act, parties subject to these fees have specific obligations. For instance, a person who gives an approved pathology practitioner or pathology authority undertaking is required to pay the corresponding fee once the undertaking has been accepted by the relevant authority (section 7(1)). Similarly, the person who applies for the approval of premises as an accredited pathology laboratory must pay the appropriate fee after the premises have been approved in principle (section 7(2)). These obligations ensure that the Commonwealth is compensated for the services rendered in processing and approving pathology-related undertakings and laboratory accreditations. Failure to comply with the fee payment requirements stipulated in the Act may result in civil or administrative consequences. While the Act does not explicitly detail criminal penalties for non-compliance, the omission of such penalties does not absolve the obligated parties from their duty to pay the prescribed fees. Non-compliance may lead to enforcement actions by the relevant authorities, potentially including fines or other administrative measures designed to compel adherence to the Act's provisions. The Act thus places a clear responsibility on the obligated parties to ensure timely and accurate payment of the specified fees.

Area of Law: Health Law
Instrument: Act
Concepts: Definitions & Interpretation; Fees payable; Amount of fee

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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.

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