EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 187
ISSUED BY AUTHORITY OF THE MINISTER FOR HEALTH NATIONAL HEALTH ACT 1953
NATIONAL HEALTH REGULATIONS (AMENDMENT)
Section 140 of the National Health Act 1953 (‘the Act’) provides in part that the Governor-General may make regulations prescribing all matters which are required or permitted by the Act to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Sub-section 69(1) of the Act provides that the regulations shall make provision for, and in relation to, the manner and form in which applications to the Secretary for registration as a health benefits organization under Part VI of the Act are to be lodged, and the documents and information which are to be furnished in support of, or in connection with, such applications.
Sub-regulation 19(1) of the National Health Regulations (‘the Regulations’) prescribes the manner and form in which an application for registration as a health benefits organization is to be lodged. Sub-regulation 19(2) of the Regulations prescribes the documents and information which are to be furnished with such an application for registration.
Paragraphs (a) and (b) of sub-regulation 19(2) required an organization, making application to become a registered health benefits organization, to furnish to the Secretary a copy of the instrument constituting the organisation and a copy of either the articles of association of the organization or a copy of its rules.
It was considered preferable for administrative purposes for a prospective health benefits organization which is an incorporated company to be required to furnish with its application for registration copies of both its articles of association’ and its rules rather than a copy of one or the other as previously required. The regulation accomplishes this by substituting new paragraphs (a) and (b) in sub regulation 19(2). The new paragraphs require an organization to include with the documents and information furnished to the Secretary with its application for registration the following:-
• a copy of the instrument constituting the organization and the articles of association, if any, of the organization; and
• a copy of the rules of the organization.
The regulation came into operation on the date of its notification in the Commonwealth of Australia Gazette.