Medicare Guarantee (2022‑23 Credits to the Special Account No. 1) Determination 2022
I, Josh Frydenberg, Treasurer, make the following determination.
Dated 31 March 2022
Josh Frydenberg
Treasurer
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
Part 2—Determination of amount to be credited to the Medicare Guarantee Fund (Treasury) Special Account in relation to 2022‑23
5 Crediting of amounts to the Medicare Guarantee Fund (Treasury) Special Account
Part 1—Preliminary
1 Name
This instrument is the Medicare Guarantee (2022‑23 Credits to the Special Account No. 1) Determination 2022.
2 Commencement
(1) Each provision of instrument 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 instrument | The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the Medicare Guarantee Act 2017.
4 Definitions
Note: Paragraph 13(1)(b) of the Legislation Act 2003 has the effect that expressions have the same meaning in this instrument as in the Medicare Guarantee Act 2017 as in force from time to time.
In this instrument:
the Act means the Medicare Guarantee Act 2017.
Part 2—Determination of amount to be credited to the Medicare Guarantee Fund (Treasury) Special Account in relation to 2022-23
5 Crediting of amounts to the Medicare Guarantee Fund (Treasury) Special Account
Under subsection 7(1) of the Act, an amount of $46,467,038,000 is specified to be credited to the Medicare Guarantee Fund (Treasury) Special Account on 1 July 2022 for the budget year beginning on 1 July 2022.
Note: The Medicare Guarantee Fund (Treasury) Special Account is the special account established by section 6 of the Medicare Guarantee Act 2017.
Overview
The Medicare Guarantee (2022-23 Credits to the Special Account No. 1) Determination 2022 was enacted to address the need for specific financial allocations to the Medicare Guarantee Fund (Treasury) Special Account for the budget year starting on 1 July 2022. This determination was made under the authority of the Medicare Guarantee Act 2017 and was introduced by the Treasurer, Josh Frydenberg, to ensure adequate funding for the Medicare system. The primary objective of this determination is to credit an amount of $46,467,038,000 to the Medicare Guarantee Fund (Treasury) Special Account to support the delivery of healthcare services under the Medicare system for the financial year in question. The determination came into effect the day after its registration and is designed to facilitate the smooth operation of the Medicare system by providing the necessary financial resources.
Scope and Application
The Medicare Guarantee (2022-23 Credits to the Special Account No. 1) Determination 2022 specifies the amount to be credited to the Medicare Guarantee Fund (Treasury) Special Account for the budget year beginning on 1 July 2022. This determination applies to the Commonwealth of Australia and is made under the authority of the Medicare Guarantee Act 2017. The specified amount of $46,467,038,000 is to be credited on 1 July 2022, as per subsection 7(1) of the Act. The Act itself governs the establishment and management of the Medicare Guarantee Fund (Treasury) Special Account, and this determination is a means of operationalising the statutory provisions by crediting funds to this special account for the specified period. The terms used in this determination have the same meaning as those in the Medicare Guarantee Act 2017.
Key Provisions
The Medicare Guarantee (2022-23 Credits to the Special Account No. 1) Determination 2022 (the Determination) specifies the amount to be credited to the Medicare Guarantee Fund (Treasury) Special Account for the 2022-23 budget year. This Determination is made under the Medicare Guarantee Act 2017 (the Act) and sets out the amount of $46,467,038,000 to be credited to the Medicare Guarantee Fund (Treasury) Special Account on 1 July 2022 (section 5). The Determination commences the day after it is registered, as specified in section 2(1).
The primary obligation under the Determination is for the specified amount to be credited to the Medicare Guarantee Fund (Treasury) Special Account on the specified date. This ensures that the fund is appropriately resourced for the budget year, facilitating the administration and operation of the Medicare system as intended by the Act. The Determination also provides that the amount specified must be credited to the account, with no flexibility or variation permitted unless explicitly provided for by further legislation or determination.
Breaching the requirement to credit the specified amount to the Medicare Guarantee Fund (Treasury) Special Account could potentially lead to administrative or financial consequences under the Act. While specific offences and penalties are not detailed within the Determination itself, it is likely that any failure to comply with the Act’s requirements could result in enforcement actions, including legal proceedings for non-compliance. The consequences of such breaches could include fines, administrative penalties, or other corrective measures to ensure the Medicare Guarantee Fund is adequately funded for the specified budget year.