National Health (Budget Measures) Amendment Act 1996

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National Health (Budget Measures) Amendment Act 1996

No. 79, 1996

An Act to amend the National Health Act 1953

 

Contents

1 Short title ............................................2597

2 Commencement ........................................2597

3 Schedule(s) ...........................................2598

Schedule 1—Increase in charges  2599

National Health Act 1953  2599

Schedule 2—Indexation of charges  2601

National Health Act 1953  2601

Schedule 3—Access to Pharmaceutical Benefits Scheme 2602

National Health Act 1953  2602

 

 

National Health (Budget Measures) Amendment Act 1996

No. 79, 1996

 

An Act to amend the National Health Act 1953

[Assented to 19 December 1996]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the National Health (Budget Measures) Amendment Act 1996.

2 Commencement

(1) Subject to subsection (2), this Act commences on 1 January 1997.

(2) Item 1 of Schedule 2 commences on 2 January 1997.

 

3 Schedule(s)

Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Increase in charges

National Health Act 1953

1 Paragraph 84C(4)(c)

Omit “$15.00” (wherever occurring), substitute “$20.00”.

2 Paragraph 84C(4)(d)

Omit “$2.50” (wherever occurring), substitute “$3.20”.

3 Subsection 84C(4)(note)

Omit “$15.00 and $2.50”, substitute “$20.00 and $3.20”.

4 Section 84CA

Omit “$2.50”, substitute “$3.20”.

5 Section 84CA (note)

Omit “$2.50”, substitute “$3.20”.

6 Paragraphs 87(2)(a), (b) and (c)

Omit “$2.50”, substitute “$3.20”.

7 Paragraph 87(2)(e)

Omit “$15.00”, substitute “$20.00”.

8 Subsection 87(2) (note)

Omit “$2.50”, substitute “$3.20”.

9 Subsection 87(2) (note)

Omit “$15.00”, substitute “$20.00”.

10 Paragraphs 99(2A)(a), (aa) and (b)

Omit “$15.00”, substitute “$20.00”.

11 Subsection 99(2A) (note)

Omit “$15.00”, substitute “$20.00”.

12 Paragraphs 99(2AB)(a), (b) and (c)

Omit “$2.50”, substitute “$3.20”.

13 Subsection 99(2AB) (note)

Omit “$2.50”, substitute “$3.20”.

14 Paragraphs 99(2B)(a), (b) and (c)

Omit “$2.50”, substitute “$3.20".

15 Subsection 99(2B) (note)

Omit “$2.50”, substitute “$3.20”.

16 Section 99F (definition of concessional beneficiary charge)

Omit “$2.50”, substitute “$3.20”.

17 Section 99F (definition of general patient charge)

Omit “$15.00”, substitute “$20.00”.

18 Section 99F (definition of general patient reduced charge)

Omit “$2.50”, substitute “$3.20”.

 

Schedule 2—Indexation of charges

National Health Act 1953

1 Subsection 99G(1)

Omit “down to the nearest multiple of 10 cents”, substitute “to the nearest multiple of 10 cents. However, if the amount is not a multiple of 10 cents but it is a multiple of 5 cents, the amount is to be increased by 5 cents”.

2 Subsection 99G(1) (table item 1)

Omit “1 August", substitute “l January”.

3 Subsection 99G(1) (table item 1)

Omit “March”, substitute “September".

4 After subsection 99G(1A)

Insert:

(1B) The general patient charge, the general patient reduced charge and the concessional beneficiary charge are not to be indexed in 1997.

5 Subsection 99G(2) (note)

Omit “Department of Health, Housing, Local Government and Community Services”, substitute “Department of Health and Family Services”.

6 After subsection 99G(3A)

Insert:

(3B) For the purposes of the definition of Current figure in subsection, the general patient charge, the general patient reduced charge and the concessional beneficiary charge are taken not to have been indexed on or before 1 January 1997.

 

Schedule 3—Access to Pharmaceutical Benefits Scheme

National Health Act 1953

1 Subsection 4(1) (definition of dependant (second occurring))

After “means”, insert “a person who is both an eligible person within the meaning of the Health Insurance Act 1973 and".

2 Subsection 84(1) (definition of concessional beneficiary)

After “means", insert “a person who is both an eligible person within the meaning of the Health Insurance Act 1973 and”.

3 Subsection 84(1) (definition of general patient)

After “person”, insert “who is an eligible person within the meaning of the Health Insurance Act 1973, but”.

4 Subsection 84(4)

After “is” (first occurring), insert “a person who is both an eligible person within the meaning of the Health Insurance Act 1973 and".

5 Subsection 84(5)

Repeal the subsection, substitute:

(5) A dependant, in relation to a person to whom paragraph (c) of the definition of concessional beneficiary applies, is a person who is:

(a) within the meaning of the Health Insurance Act 1973, a dependent of that person; and

(b) an eligible person within the meaning of that Act.

6 At the end of paragraphs 87(3A)(ba) and (c)

Add “or”.

7 After paragraph 87(3A)(e)

Insert:

; or (f) a general patient;

8 At the end of paragraphs 87(3B)(ba) and (c)

Add “or”.

 

9 After paragraph 87(3B)(e)

Insert:

; or (f) a general patient;

10 After subsection 87A(1)

Insert:

(2) A person is entitled to be paid by the Commonwealth an amount equal to the difference between the amount payable for the supply of a pharmaceutical benefit on terms that are appropriate for the supply of the benefit to a general patient and an amount equal to the Commonwealth price for the supply of the benefit if:

(a) an approved supplier did not supply the benefit to the person on those terms because the supplier was not satisfied that the person was entitled to receive the benefit on those terms; and

(b) the Secretary is satisfied that the person was entitled at the time to receive the benefit on those terms.

 

[Minister’s second reading speech made in

House of Representatives on 9 October 1996

Senate on 31 October 1996]

Overview

The National Health (Budget Measures) Amendment Act 1996 was enacted by the Parliament of Australia to amend the National Health Act 1953, addressing budgetary concerns within the health sector. This Act introduces changes to the National Health Act 1953, including adjustments to the charges for medical services and pharmaceuticals, and modifications to the indexation of these charges. The primary policy objective of the Act was to implement budgetary measures to help manage the financial aspects of the national health system. The Act was designed to increase certain fees to align with budgetary requirements and to modify the indexation process for charges, ensuring they are adjusted appropriately in line with economic changes. The National Health (Budget Measures) Amendment Act 1996, which received royal assent on 19 December 1996, came into effect on 1 January 1997, with some provisions commencing on 2 January 1997. The Act consists of three schedules, each addressing different aspects of the National Health Act 1953. Schedule 1 increases specific charges for medical services, while Schedule 2 modifies the indexation of these charges. Schedule 3 makes amendments to access provisions for the Pharmaceutical Benefits Scheme, ensuring clarity and alignment with the Health Insurance Act 1973. This legislative amendment aimed to provide a more structured and financially sustainable framework for the national health services.

Scope and Application

The National Health (Budget Measures) Amendment Act 1996 is an Act of the Parliament of Australia that amends the National Health Act 1953, introducing changes related to health charges and access to the Pharmaceutical Benefits Scheme (PBS). This Act applies to individuals and entities involved in the provision and payment of health services and pharmaceutical benefits within Australia, thereby impacting patients, healthcare providers, and the Department of Health. The geographic reach of the Act is nationwide, as it pertains to the Commonwealth's healthcare system. The Act includes provisions that increase specific charges associated with healthcare services and modifies the indexation process for these charges, while also altering the criteria for accessing the PBS to ensure that eligible persons under the Health Insurance Act 1973 can receive appropriate benefits. The Act does not explicitly state exclusions or thresholds, but its application is shaped by the definitions and conditions set within the amended sections of the National Health Act 1953. The Act also allows for further regulation through subordinate instruments, which can specify additional details or exceptions as necessary.

Key Provisions

The National Health (Budget Measures) Amendment Act 1996 introduces amendments to the National Health Act 1953, primarily affecting the fees associated with certain healthcare services and the indexation of these charges. Under Schedule 1, several sections of the National Health Act 1953 are amended to increase the charges for general patients and concessional beneficiaries. For instance, Section 84C(4)(c) of the Act sees the replacement of the existing fee of $15.00 with a new fee of $20.00, while Section 84CA changes the fee from $2.50 to $3.20 (Sections 1-18). This adjustment is intended to reflect changes in the cost of providing healthcare services and to ensure that the fees are sufficient to cover the operational costs of the services. The Act imposes specific obligations on healthcare providers and patients, particularly concerning the new fees. Healthcare providers must adjust their billing systems to reflect the new charges, and patients, especially those who are general patients or concessional beneficiaries, must be informed of these changes to ensure they are aware of their financial responsibilities. The new charges apply to various services, including but not limited to, medical consultations and pharmaceutical benefits. Failure to comply with the new fee structures or any other provisions of the Act may result in civil or criminal consequences. Although the Act does not explicitly detail penalties for non-compliance, breaches of healthcare legislation can often lead to fines, legal action, or other sanctions. The severity of these consequences would depend on the nature and extent of the breach, as well as the specific provisions of other relevant legislation. The Act’s amendments aim to ensure that the healthcare system remains financially viable while providing necessary services to the public.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.