Health Insurance (Pathology) (Fees) (Repeal) Act 2025

Administered by Department of Health, Disability and Ageing

Legislation au C2025A00040 In force Act

Legislation content

 

 

 

 

 

 

Health Insurance (Pathology) (Fees) (Repeal) Act 2025

No. 40, 2025

 

 

 

 

 

An Act to repeal the Health Insurance (Pathology) (Fees) Act 1991, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Part 1—Repeals

Health Insurance (Pathology) (Fees) Act 1991

Health Insurance (Pathology) (Fees) Amendment (Norfolk Island) Act 2015

Part 2—Consequential amendments

Health Insurance Act 1973

Part 3—Application and transitional provisions

 

 

 

Health Insurance (Pathology) (Fees) (Repeal) Act 2025

No. 40, 2025

 

 

 

An Act to repeal the Health Insurance (Pathology) (Fees) Act 1991, and for related purposes

[Assented to 4 September 2025]

The Parliament of Australia enacts:

1  Short title

  This Act is the Health Insurance (Pathology) (Fees) (Repeal) Act 2025.

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

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

5 September 2025

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

Part 1—Repeals

Health Insurance (Pathology) (Fees) Act 1991

1  The whole of the Act

Repeal the Act.

Health Insurance (Pathology) (Fees) Amendment (Norfolk Island) Act 2015

2  The whole of the Act

Repeal the Act.

Part 2—Consequential amendments

Health Insurance Act 1973

3  Subsection 23DA(1)

Repeal the following definitions:

 (a) definition of acceptance fee;

 (b) definition of accreditation fee;

 (c) definition of Fees Act.

4  Subsection 23DC(10)

Repeal the subsection, substitute:

 (10) If the Minister accepts an undertaking given by a person under subsection (1), the Minister must give to the person a notice that:

 (a) specifies:

 (i) the day on which the undertaking comes into force; and

 (ii) the period determined by the Minister under paragraph (1)(c) as the period for which the undertaking is to have effect; and

 (b) includes a statement to the effect that, subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal by or on behalf of a person whose interests are affected by the decision, for review of the decision of the Minister determining the period for which the undertaking is to have effect.

5  Subsection 23DC(10B)

Repeal the subsection.

6  Paragraph 23DDA(1)(e)

Omit “force; and”, substitute “force.”.

7  Paragraph 23DDA(1)(f)

Repeal the paragraph.

8  Subsection 23DF(11)

Repeal the subsection, substitute:

 (11) If the Minister accepts an undertaking given by a person under subsection (1), the Minister must give to the person a notice that:

 (a) specifies:

 (i) the day on which the undertaking comes into force; and

 (ii) the period determined by the Minister under paragraph (1)(c) as the period for which the undertaking is to have effect; and

 (b) includes a statement to the effect that, subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal, by or on behalf of a person whose interests are affected by the decision, for review of the decision of the Minister determining the period for which the undertaking is to have effect.

9  Subsection 23DF(11B)

Repeal the subsection.

10  Paragraph 23DGA(1)(e)

Omit “force; and”, substitute “force.”.

11  Paragraph 23DGA(1)(f)

Repeal the paragraph.

12  Subsections 23DN(1) and (2)

Repeal the subsections, substitute:

 (2) If a person (the applicant) makes an application, in writing in the approved form, to the Minister for the approval of premises as an accredited pathology laboratory, the Minister may, in writing:

 (a) approve the premises as an accredited pathology laboratory; or

 (b) refuse to approve the premises as an accredited pathology laboratory.

13  Subsection 23DN(2A)

Omit “An approval in principle under subsection (1), and an approval under subsection (2),”, substitute “An approval under subsection (2)”.

14  Subsection 23DN(5)

Omit “subsection (1) approving in principle”, substitute “subsection (2) approving”.

15  After subsection 23DN(5)

Insert:

 (5A) If the decision is to approve, the Minister must also give a copy of the approval to the applicant.

16  Subsection 23DNAAA(1)

Omit “subsection 23DN(1)” (wherever occurring), substitute “subsection 23DN(2)”.

17  Paragraph 23DNAAA(1)(e)

Omit “effect; and”, substitute “effect.”.

18  Paragraph 23DNAAA(1)(f)

Repeal the paragraph.

19  Paragraphs 23DO(2C)(a) and (2D)(b)

Omit “subsection 23DN(1)”, substitute “subsection 23DN(2)”.

20  Paragraph 23DO(5)(a)

Omit “subsection 23DN(1), approving in principle”, substitute “subsection 23DN(2), approving”.

Part 3—Application and transitional provisions

21  Application—undertakings and applications for approval

 The repeal of the Health Insurance (Pathology) (Fees) Act 1991 and amendments of the Health Insurance Act 1973 made by this Schedule apply in relation to the following:

 (a) an undertaking given by a person under subsection 23DC(1) before, on or after the commencement of this item, if the day, specified by the Minister, that the undertaking is to come into force, or is taken to have come into force, is on or after 1 July 2025;

 (b) an undertaking given by a person under subsection 23DF(1) before, on or after the commencement of this item, if the day, specified by the Minister, that the undertaking is to come into force, or is taken to have come into force, is on or after 1 July 2025;

 (c) an application for the approval of premises as an accredited pathology laboratory made under section 23DN before, on or after the commencement of this item, if the day, specified by the Minister, that the approval of premises is to come into force, or is taken to have come into force, is on or after 1 July 2025.

22  Transitional—refund of fees

 The Commonwealth must refund to a person an amount equal to the amount of a fee paid by the person under the Health Insurance (Pathology) (Fees) Act 1991 before the commencement of this item in respect of:

 (a) an acceptance of an undertaking covered by paragraph 21(a) or (b) of this Schedule; or

 (b) an approval of premises where the application for the approval of the premises is covered by paragraph 21(c) of this Schedule.

Note: For the appropriation for a refund, see section 77 of the Public Governance, Performance and Accountability Act 2013.

 

 

[Minister’s second reading speech made in—

House of Representatives on 24 July 2025

Senate on 31 July 2025]

(34/25)

 

Overview

The Health Insurance (Pathology) (Fees) (Repeal) Act 2025 was enacted by the Parliament of Australia to repeal the Health Insurance (Pathology) (Fees) Act 1991 and make related amendments to the Health Insurance Act 1973. This Act aims to address gaps in the current regulatory framework for pathology fees under the health insurance system, by removing outdated provisions and ensuring the legislative provisions remain current and effective. The Act is designed to streamline the legislative process while maintaining necessary oversight and regulatory mechanisms. The repeal of the 1991 Act and amendments to the 1973 Act are intended to bring the legislative framework in line with contemporary requirements and practices in the health insurance sector, particularly in relation to pathology services. The Act will come into effect on 5 September 2025, the day after receiving Royal Assent. It includes provisions for the repeal of specific sections of the Health Insurance (Pathology) (Fees) Act 1991 and the Health Insurance (Pathology) (Fees) Amendment (Norfolk Island) Act 2015, alongside consequential amendments to the Health Insurance Act 1973. These amendments aim to ensure that the legislative framework is coherent and up-to-date, facilitating more efficient administration and compliance with current health insurance standards.

Scope and Application

The Health Insurance (Pathology) (Fees) (Repeal) Act 2025 repeals the Health Insurance (Pathology) (Fees) Act 1991 and the Health Insurance (Pathology) (Fees) Amendment (Norfolk Island) Act 2015, and makes related amendments to the Health Insurance Act 1973. This Act applies to any undertaking given under the Health Insurance Act 1973 before, on or after the commencement of the Act if the day that the undertaking is to come into force, or is taken to have come into force, is on or after 1 July 2025. It also applies to any application for the approval of premises as an accredited pathology laboratory made under the Health Insurance Act 1973 before, on or after the commencement of the Act if the day that the approval of premises is to come into force, or is taken to have come into force, is on or after 1 July 2025. The Act applies across the Commonwealth of Australia. The Act provides for the refund of fees paid under the repealed Health Insurance (Pathology) (Fees) Act 1991 in respect of acceptance of an undertaking or approval of premises, subject to the appropriation for a refund under the Public Governance, Performance and Accountability Act 2013. The Act does not specify any exclusions, exemptions, or thresholds. The application and transitional provisions of the Act may be extended or restricted through subordinate instruments.

Key Provisions

The Health Insurance (Pathology) (Fees) (Repeal) Act 2025 is a legislative measure aimed at repealing the Health Insurance (Pathology) (Fees) Act 1991, along with the Health Insurance (Pathology) (Fees) Amendment (Norfolk Island) Act 2015. The Act also includes consequential amendments to the Health Insurance Act 1973 to reflect the repeal of the 1991 Act. The Act came into effect on 5 September 2025, the day after receiving Royal Assent. The Act's provisions are structured to ensure a smooth transition by applying the repeal and amendments to undertakings and applications for approval that were made before or after the commencement of the Act, provided they relate to events occurring on or after 1 July 2025. Additionally, the Act mandates the Commonwealth to refund fees paid under the repealed 1991 Act for specific undertakings and approvals. The Act imposes several obligations on parties affected by the repeal and amendments. For example, it requires the Minister to give specific notices to individuals who provide undertakings under certain sections of the Health Insurance Act 1973, detailing the date the undertaking comes into force and the period for which it is effective. Furthermore, the Act mandates the Minister to provide applicants for the approval of premises as accredited pathology laboratories with a copy of the approval if granted. Additionally, the Act includes provisions for the Commonwealth to refund fees paid under the repealed 1991 Act for particular undertakings and approvals as outlined in the transitional provisions. The Act does not explicitly detail criminal or civil penalties for non-compliance with its provisions. However, the consequences of failing to adhere to the Act's requirements could involve legal actions, such as the need to seek review through the Administrative Review Tribunal as permitted under the Administrative Review Tribunal Act 2024. Non-compliance with the refund obligations could also result in financial repercussions for the Commonwealth, as the Public Governance, Performance and Accountability Act 2013 provides for appropriations related to such refunds.

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Area of Law
Health Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions

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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.