Medicare Guarantee (2025‑26 Credit to Treasury Special Account) Determination (No. 2) 2026
I, Andrew Leigh, Assistant Minister for Productivity, Competition, Charities and Treasury, make the following determination.
Dated 28 April 2026
Dr Andrew Leigh
Assistant Minister for Productivity, 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 2025‑26
5 Amount to be credited to the Treasury Special Account
Part 1—Preliminary
1 Name
This instrument is the Medicare Guarantee (2025‑26 Credit to Treasury Special Account) Determination (No. 2) 2026.
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Note: This table relates only to the provisions of this instrument as originally made.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: Expressions have the same meaning in this instrument as in the Medicare Guarantee Act 2017 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.
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 2025‑26
5 Amount to be credited to the Treasury Special Account
Under subsection 7(1) of the Act, $4,541,247,247 is specified to be credited to the Medicare Guarantee Fund (Treasury) Special Account on the day this instrument commences for the budget year beginning on 1 July 2025.
Note: The Medicare Guarantee Fund (Treasury) Special Account is established by section 6 of the Act.
Overview
The Medicare Guarantee (2025-26 Credit to Treasury Special Account) Determination (No. 2) 2026 was enacted to specify the amount to be credited to the Medicare Guarantee Fund (Treasury) Special Account for the budget year commencing on 1 July 2025. This notifiable instrument, introduced by Dr. Andrew Leigh, the Assistant Minister for Productivity, Competition, Charities, and Treasury, was made under the authority of the Medicare Guarantee Act 2017. The primary objective of this determination is to provide a clear and precise amount to be allocated to the Medicare Guarantee Fund, ensuring that the financial obligations for the Medicare system are met as required by the legislation. This determination is crucial in maintaining the integrity and sustainability of the Medicare system in Australia, reflecting the government's commitment to upholding healthcare standards and ensuring adequate funding for healthcare services.
Scope and Application
The Medicare Guarantee (2025-26 Credit to Treasury Special Account) Determination (No. 2) 2026I, made under the Medicare Guarantee Act 2017, outlines the specific amount to be credited to the Medicare Guarantee Fund (Treasury) Special Account for the budget year beginning on 1 July 2025. This determination applies to the Medicare Guarantee Fund, which is established by section 6 of the Act, and involves the transfer of $4,541,247,247 to the Special Account on the day the instrument commences. The Act itself applies to the Medicare Guarantee Fund and any related transactions, with the Fund being a Commonwealth entity established to manage and invest the money credited to it for the purposes of the Medicare scheme. The geographic reach of this Act is national, as it is a Commonwealth instrument, and it does not specify any exclusions or exemptions in this determination. Any further details or modifications to the application of the Act are subject to the provisions of the Medicare Guarantee Act 2017 and any subordinate instruments that may extend or restrict its application.
Key Provisions
The Medicare Guarantee (2025–26 Credit to Treasury Special Account) Determination (No. 2) 2026I specifies the amount to be credited to the Medicare Guarantee Fund (Treasury) Special Account for the budget year beginning on 1 July 2025. According to section 5, the amount to be credited is $4,541,247,247, which is to be credited on the day this instrument commences. The instrument is made under the Medicare Guarantee Act 2017 and commences the day after it is registered, as specified in section 2(1). Any other provisions in the instrument will commence according to the details provided in section 2.
Entities governed by this instrument, particularly those involved in the administration of the Medicare Guarantee Fund, have specific obligations. They must ensure that the specified amount is credited to the Medicare Guarantee Fund (Treasury) Special Account as outlined in section 5 of the Determination. The entities must comply with the terms of the Medicare Guarantee Act 2017 and any other relevant legislation, ensuring that the funds are managed and allocated appropriately to support the objectives of the Medicare system.
Breaches of the obligations under this instrument may have legal consequences. Under the Medicare Guarantee Act 2017, non-compliance with the requirements to credit funds to the Medicare Guarantee Fund could lead to administrative penalties. While specific penalties are not detailed in the instrument, the Act allows for enforcement actions that may include fines or other corrective measures. The precise nature and extent of any penalties would be determined according to the provisions of the Medicare Guarantee Act 2017.