Statutory Rules
1978 No. 208
REGULATIONS UNDER THE NATIONAL HEALTH ACT 1953*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Health Act 1953.
Dated this twenty-sixth day of October 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
RALPH J. HUNT
Minister of State for Health
————
AMENDMENTS OF THE NATIONAL HEALTH REGULATIONS†
Commencement
1. These Regulations shall come into operation on 9 November 1978.
2. After regulation 28 of the National Health Regulations the following regulation is inserted in Part VIII:
Amounts prescribed for the purposes of sub-section 47 (1) of the Act
“ 28a. (1) The amount of $20.40 is prescribed for the purposes of paragraph 47 (1) (b) of the Act.
“ (2) The amount of $18.90 is prescribed for the purposes of paragraphs 47 (1) (d) and (h) of the Act.”.
Prescribed amount for the purposes of subparagraph 47 (2) (b) (iii) of the Act
3. Regulation 29 of the National Health Regulations is amended by omitting “ $7.00 ” and substituting “ $7.25 ”.
* Notified in the Commonwealth of Australia Gazette on 2 November 1978.
† Statutory Rules 1954 No. 35 as amended by Statutory Rules 1957 No. 71; 1958 No. 63; 1962 Nos. 55, 70 and 113; 1965 Nos. 17, 94 and 185; 1966 No. 99; 1967 No. 86; 1969 Nos. 91 and 220; 1970 Nos. 70 and 166; 1971 Nos. 28, 76, 103 and 138; 1972 No. 79; 1973 Nos. 17, 75, 111, 221, 225 and 267; 1974 Nos. 52, 104, 105, 113 and 263; 1975 Nos. 14, 49, 66, 100, 124, 165 and 207; 1976 Nos. 113, 217 and 227; 1977 Nos. 11, 34, 51 and 112; and 1978 Nos. 66 and 178.
Overview
The Statutory Rules 1978 No. 208, titled "Regulations Under the National Health Act 1953," were enacted to amend the National Health Regulations, specifically updating the prescribed amounts for certain health-related fees and charges. These regulations were made by the Governor-General of Australia, acting on the advice of the Federal Executive Council. The primary objective of these amendments is to align the prescribed fees with the current economic conditions and to ensure the ongoing effectiveness of the National Health Act 1953. This legislative instrument aims to address the need for regular updates to the financial aspects of health regulations to maintain fairness and compliance with the evolving healthcare landscape in Australia.
Scope and Application
These Regulations, made under the National Health Act 1953, set forth specific amounts to be prescribed for certain purposes related to health services and benefits. The Regulations apply to the Commonwealth of Australia and impact entities and individuals who provide or receive health services, as well as those administering the health system. These include healthcare providers, patients, and health service administrators. The amendments introduced by these Regulations primarily concern financial aspects of healthcare, such as prescribed amounts for particular services and benefits, thereby affecting the financial transactions between health service providers and recipients. There are no stated exclusions or exemptions within the text provided, and the application of these Regulations is straightforward as they pertain to the prescribed financial amounts. Any further specification or extension of application is likely to be addressed through subordinate instruments or additional regulations.
Key Provisions
The main operative sections of these regulations concern the prescription of specific amounts for particular purposes under the National Health Act 1953. Regulation 28a introduces a new regulation prescribing the amount of $20.40 for the purposes of paragraph 47(1)(b) of the Act, and the amount of $18.90 for the purposes of paragraphs 47(1)(d) and (h) of the Act (subsection 2). Regulation 29 is amended to change the prescribed amount from $7.00 to $7.25 for the purposes of subparagraph 47(2)(b)(iii) of the Act (subsection 3).
These regulations impose clear financial obligations on parties involved in activities governed by the National Health Act 1953. Specifically, they mandate that certain prescribed amounts be adhered to in relation to fees and charges specified in the Act. For instance, entities providing healthcare services or those responsible for compliance with the Act must ensure they charge or pay the prescribed fees as outlined in these regulations.
Failure to comply with the prescribed amounts could potentially lead to legal repercussions. Although the specific penalties for non-compliance are not detailed within these regulations, breaches of the National Health Act 1953 or its regulations could result in civil or criminal penalties, as stipulated elsewhere in the Act. The penalties for such breaches could include fines, depending on the severity and nature of the contravention. It is important to consult the Act itself for precise details on penalties and enforcement mechanisms.