EXPLANATORY STATEMENT
STATUTORY RULES 1990 No. 312
HEALTH INSURANCE ACT 197 3
HEALTH INSURANCE (VARIATION OF PATHOLOGY SERVICES TABLE) (No. 2) REGULATIONS
Section 133 of the Health Insurance Act 1973 (‘the Act’) provides in part that the Governor-General may make regulations for the purposes of the Act.
Section 9 of the Act provides, in effect, that Medicare benefits shall be calculated by reference to the fees for pathology services set out in the table of pathology services (the table) in Schedule 1A to the Act.
Section 4A of the Act provides, among other things, that the regulations may prescribe a table of pathology services in accordance with the form of the table set out in Schedule 1A and that upon commencement of a regulation prescribing a table of medical services the table so prescribed has effect as if it were set out in Schedule 1A in place of the table in that Schedule. The Health Insurance (Variation of Pathology Services Table) Regulations prescribe such a table.
By virtue of sub-section 4A(6) of the Act, Statutory Rules 1989 No. 198 automatically ceases to be in force from 17 October 1990, that is the day next following the fifteenth sitting day of the House of Representatives 12 months after notification in the Gazette. This regulation replaces the Statutory Rules 1989 No. 198 and Statutory Rules 1990 No. 84. Because Statutory Rules 1989 No. 198 cease on the 17 October 1990 and Statutory Rules 1990 No. 84 amended parts of Statutory Rule 1989 No. 198 this regulation is a synthesis of the two to ensure their continued operation until 1 November 1990. Further regulations are to be proposed to come into effect from that date, to incorporate the 5.5% increase in fees announced by the Government in the 1990 budget.