Medicare Guarantee (2017-18 Credit) Determination 2018 (No. 2)

Overview

The Medicare Guarantee (2017-18 Credit) Determination 2018 (No. 2) was made under section 7 of the Medicare Guarantee Act 2017 by the Treasurer, Scott John Morrison, and it came into effect on the day it was made, 5 June 2018. This determination was introduced to address the need to credit the Medicare Guarantee Fund (Treasury) Special Account with a specific amount for the budget year beginning on 1 July 2017. The policy objective of this determination aligns with the overarching goal of the Medicare Guarantee Act 2017, which is to ensure the financial sustainability and integrity of Medicare, Australia's universal health care system. The enactment of this legislation by the Commonwealth Parliament aims to maintain the balance of the Medicare Guarantee Fund by making timely credits as required under the Act.

Scope and Application

The Medicare Guarantee (2017-18 Credit) Determination 2018 (No. 2) applies to the crediting of funds into the Medicare Guarantee Fund (Treasury) Special Account as stipulated under section 7 of the Medicare Guarantee Act 2017. This determination is a notifiable instrument, which means it has been formally registered and published in accordance with the Legislation Act 2003. The determination requires the crediting of an amount of $360,910,000.00 into the Medicare Guarantee Fund (Treasury) Special Account, a special account established under the Medicare Guarantee Act 2017, at 12 noon by legal time in the Australian Capital Territory on the day following the commencement of this determination. The crediting of this amount is specifically for the budget year beginning on 1 July 2017. This determination applies to the Commonwealth of Australia and is intended to ensure the proper funding of the Medicare system. No exclusions, exemptions, or thresholds are explicitly mentioned in this particular determination, but the application and scope of the Medicare Guarantee Act 2017 itself may involve further regulations or subordinate instruments.

Key Provisions

The main sections of the Medicare Guarantee (2017-18 Credit) Determination 2018 (No. 2) detail the name of the determination (Section 1), the commencement date (Section 2), the authority under which it is made (Section 3), and the crediting of specific amounts to the Medicare Guarantee Fund (Section 4). According to Section 1, this determination is referred to as the Medicare Guarantee (2017-18 Credit) Determination 2018 (No. 2). Section 2 states that the determination commences on the day it is made. Section 3 establishes that this determination is made under Section 7 of the Medicare Guarantee Act 2017, while Section 4 specifies that an amount of $360,910,000.00 is to be credited to the Medicare Guarantee Fund (Treasury) Special Account at 12 noon by legal time in the Australian Capital Territory on the day following the commencement of the determination, for the budget year starting on 1 July 2017. The obligations imposed by this determination are primarily financial and administrative. The Treasurer, as the authority figure under Section 7 of the Medicare Guarantee Act 2017, is responsible for ensuring that the specified amount is credited to the Medicare Guarantee Fund (Treasury) Special Account. This action is to be carried out within the stipulated timeframe, ensuring that the crediting is completed at 12 noon by legal time in the Australian Capital Territory on the day following the commencement of the determination. The crediting must be for the budget year starting on 1 July 2017, which ties the obligation directly to the financial management of the Medicare Guarantee Fund. Breach of the requirements stipulated in this determination could potentially lead to legal consequences, although specific offences and penalties are not detailed within the text of this determination. Under the general legislative framework, non-compliance with notifiable instruments such as this determination could result in civil or criminal penalties, depending on the nature and severity of the breach. The maximum penalties for breaches of similar legislative instruments typically include fines and, in more severe cases, imprisonment, but these specifics are not outlined within the text. The determination itself notes that it is a notifiable instrument as defined by Section 11 of the Legislation Act 2003, implying that there are formal processes in place to enforce compliance and address breaches.