Medicare Guarantee (2023-24 Credits to the Special Account No. 1) Determination 2023
I, Andrew Leigh, Assistant Minister for Competition, Charities and Treasury, make the following determination.
Dated 23 May 2023
Dr Andrew Leigh
Assistant Minister for Competition, Charities and Treasury
Parliamentary Secretary to the 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 2023-24
5 Crediting of amounts to the Medicare Guarantee Fund (Treasury) Special Account
Part 1—Preliminary
1 Name
This instrument is the Medicare Guarantee (2023-24 Credits to the Special Account No. 1) Determination 2023.
2 Commencement
(1) Each provision of this 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Note: This table relates only to the provisions of this instrument as originally made.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 2023-24
5 Crediting of amounts to the Medicare Guarantee Fund (Treasury) Special Account
Under subsection 7(1) of the Act, an amount of $47,521,044,000 is specified to be credited to the Medicare Guarantee Fund (Treasury) Special Account on 1 July 2023 for the budget year beginning 1 July 2023.
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 (2023-24 Credits to the Special Account No. 1) Determination 2023, made by Dr. Andrew Leigh, Assistant Minister for Competition, Charities and Treasury, was enacted to address the need for specific financial provisions under the Medicare Guarantee Act 2017 for the 2023-24 budget year. This determination was made by the Parliament of Australia and is intended to ensure that a designated amount is credited to the Medicare Guarantee Fund (Treasury) Special Account, thereby supporting the continued operation and funding of the Medicare system. The policy objective behind this legislation is to facilitate the allocation of funds necessary for maintaining the integrity and effectiveness of Australia's healthcare system, as stipulated by the Medicare Guarantee Act 2017.
Scope and Application
The Medicare Guarantee (2023-24 Credits to the Special Account No. 1) Determination 2023 applies to the crediting of specified funds to the Medicare Guarantee Fund (Treasury) Special Account, as established under the Medicare Guarantee Act 2017. The determination is applicable to the financial year commencing 1 July 2023 and specifies that an amount of $47,521,044,000 be credited to this Special Account. The instrument is made under the authority of the Medicare Guarantee Act 2017 and takes effect on the day after its registration. The Act itself applies broadly to various entities and individuals involved in the administration and funding of Medicare in Australia, including the Commonwealth, state and territory governments, and potentially private entities involved in the healthcare system. The scope of the Act extends to financial transactions and conduct related to Medicare funding and is not limited by geographic boundaries within Australia. There are no stated exclusions or exemptions in this specific determination, though broader exclusions and exemptions may be defined within the Medicare Guarantee Act 2017. The application of the Act may be further extended or restricted through subordinate instruments as necessary.
Key Provisions
The Medicare Guarantee (2023-24 Credits to the Special Account No. 1) Determination 2023, made by Dr Andrew Leigh, Assistant Minister for Competition, Charities and Treasury, specifies an amount to be credited to the Medicare Guarantee Fund (Treasury) Special Account for the 2023-24 budget year. Section 5 of the Determination requires that $47,521,044,000 be credited to the Medicare Guarantee Fund (Treasury) Special Account on 1 July 2023. This amount is specified under subsection 7(1) of the Medicare Guarantee Act 2017, which the Determination is made under.
This instrument imposes specific obligations on the parties involved, particularly concerning the allocation and management of the funds credited to the Medicare Guarantee Fund (Treasury) Special Account. Section 5 explicitly states that the amount must be credited on the specified date, 1 July 2023. This requirement ensures that the funds are available for the designated purpose, which is to support the Medicare system in Australia. The Determination also ties into the broader legislative framework provided by the Medicare Guarantee Act 2017, which governs the overall management and allocation of funds within the Medicare system.
Breach of the provisions outlined in the Determination could result in various consequences. Although the Determination itself does not specify particular offences or penalties, it operates within the framework of the Medicare Guarantee Act 2017. Under the Act, failure to comply with the requirements could lead to civil or criminal penalties, depending on the nature and severity of the breach. The specific penalties for breaches of the Medicare Guarantee Act 2017 can vary, but they may include fines, imprisonment, or both, depending on the provisions of the Act and other relevant legislation. It is important for those governed by this Determination to adhere to the specified requirements to avoid potential legal repercussions.