EXPLANATORY STATEMENT
STATUTORY RULES 1987 No 262
ISSUED BY AUTHORITY OF THE MINISTER FOR COMMUNITY SERVICES AND HEALTH
NATIONAL HEALTH ACT 1953
NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS (AMENDMENT)
Section 140 of the National Health Act 1953 (“the National Health Act”) provides that the Governor-General may make regulations, not inconsistent with that Act, prescribing all matters which by that Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to that Act.
Subsection 4(1) of the Acts Interpretation Act 1901 provides that where an Act is expressed to amend another Act in such a manner that the other Act, as amended, will confer power to make regulations, then, unless the contrary intention appears, the power may be exercised before the Act concerned comes into operation. Subsection 4(2) of the Acts Interpretation Act 1901 provides that such regulations take effect on the day on which the Act concerned comes into operation.
Section 84E of the National Health Act will be amended when sub-section 5(1) of the National Health Amendment Act 1987 (Act No 22 of 1987, assented to on 26 May 1987) is proclaimed so as to require the lodgement of certain documents at “prescribed
offices”. The National Health Regulations (Amendment) prescribe the offices at which the documents are to be lodged. The Regulations will come into operation on the date of proclamation of the National Health Amendment Act 1987.