National Health Regulations (Amendment)

Statutory Rules

1977 No. 51

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, here by make the following Regulations under the National Health Act 1953.

Dated this twenty-first day of April, 1977.

John R. Kerr

Governor-General.

By His Excellency’s Command.

(Sgd. Ralph J. Hunt)

Minister of State for Health.

Amendments of the National Health Regulations†

Definition.

1. Regulation 3 of the National Health Regulations is repealed and the following regulation substituted:—

“ 3. In these Regulations, ‘ the Act ’ means the National Health Act 1953.”.

Repeal of Parts Ia, II and IIIa.

2. Parts Ia, II and IIIa of the National Health Regulations are repealed.

Prescribed medical or Surgical aids. &c., for purposes of paragraph 9A (1) (a) of the Act.

3. Regulation 27 of the National Health Regulations is amended by omitting the words “ the Third Schedule ” and substituting the word and figure “ Schedule 1 ”.

Prescribed medical or surgical aids &c., for purposes of sub-section 9a (2) of the Act.

4. Regulation 28 of the National Health Regulations is amended by omitting the words “ the Third Schedule ” and substituting the word and figure “ Schedule 1 ”.

Repeal of Part VI.

5. Part VI of the National Health Regulations is repealed.

6. After regulation 28 the following Part is added:—

“ PART VIII—M1SCELLANEOUS

Prescribed amount for purposes of sub-paragraph 57B (2) (b) (ii); clause 73c (3) (o) (ii) (c) and paragraph 82D (4) (b) of the Act.

“ 29. The amount of $6.20 is prescribed for the purposes of the following provisions of the Act:—

(a) sub-paragraph 57b (2) (b) (ii);

* Notified in the Australian Government Gazette on 28 April 1977.

† Statutory Rules 1954. No. 35 as amended to date. For previous amendments of the National Health Regulations see footnote † to Statutory Rules 1977, No. 11 and see also Statutory Rules 1977, Nos. 11 and 34.

11334/77 Cat. No. —Recommended retail price 15c 12/4.4.1977

(b) clause 73c (3) (a) (ii) (c);

(c) paragraph 82d (4) (b).

Form of warrant for inspector to enter premises.

“ 30. For the purposes of sub-section 82v (3) of the Act, the prescribed form is the form in Schedule 2.”.

Schedules.

7. The Schedules to the National Health Regulations are repealed and the following Schedules substituted:—

SCHEDULE 1 Regulations 27 and 28

SCHEDULE 2 Regulation 30

NATIONAL HEALTH ACT

Search Warrant Under Sub-section 82v (3)

To: [full name], a person appointed as an inspector under section 82r of the National Health Act 1953 to make an investigation in respect of the affairs of [name of organization].

WHEREAS, on an application under sub-section 82v (2) of that Act in relation to premises at

I, [full name], a Magistrate within the meaning of that expression in section 82v of that Act, am satisfied, by information on oath [or affirmation]—

YOU ARE HEREBY AUTHORIZED, with such assistance as you think necessary, to enter the premises at ,                                                                                     during the hours of               [for at any time], if necessary by force, for the purpose of exercising the functions of an inspector under section 82v of that Act in relation to that organization, namely, to search for, inspect, take extracts from, or make copies of. any records that relate, or that you believe, on reasonable grounds, to relate, to the affairs of that organization.

AND for so doing, this shall be your sufficient warrant.

Dated this day of , 19  .

Magistrate

Further amendments of the National Health Regulations.

8. The National Health Regulations are amended as set out in the following table:—

Printed by Authority by the Acting Commonwealth Government Printer