EXPLANATORY STATEMENT
Select Legislative Instrument 2010 No. 69
Health Insurance Act 1973
Health Insurance (Pathology Review Committee) Repeal Regulations 2010
National Health Act 1953
National Health (Variation of Benefits) (No. 13) Repeal Regulations 2010
Section 133 of the Health Insurance Act 1973 (the HIA) and section 140 of the National Health Act 1953 (the NHA) provide that the Governor-General may make regulations, not inconsistent with the respective Acts, prescribing matters required or permitted by those Acts to be prescribed for carrying out or giving effect to those Acts.
The purpose of the Regulations is to repeal two sets of Regulations which no longer have any function or purpose.
The Regulations repeal the following Regulations for the reasons provided:
- Health Insurance (Pathology Review Committee) Regulations – these regulations were made in 1994 in anticipation of the establishment of the Pathology Review Committee, which did not occur. The functions that were to be undertaken by that committee have largely been incorporated into the Pathology Services Table Committee; and
- National Health (Variation of Benefits) (No. 13) Regulations – these Regulations were made in 1975 but have been superseded by other legislation and are no longer required.
The revocation of these Regulations is as a result of the whole of Government review of redundant regulation. The overall purpose of the review is to reduce costs incurred by business in complying with outdated regulatory requirements. Revocation of these regulations gives effect to the Government’s commitment to reduce the impact of poorly designed and ineffective regulation on Australian business.
The Acts specify no conditions that need to be satisfied before the power to make the Regulations may be exercised.
The Regulations are legislative instruments for the purposes of the Legislative Instruments Act 2003.
The Regulations commence on the day after registration on the Federal Register of Legislative Instruments.
Consultation
No external consultation was undertaken in the making of these Regulations. The Health Insurance (Pathology Review Committee) Regulations and National Health (Variation of Benefits) (No. 13) Regulations are redundant and no longer have any effect, and their repeal has no impact.
Overview
The Health Insurance (Pathology Review Committee) Repeal Regulations 2010 and the National Health (Variation of Benefits) (No. 13) Repeal Regulations 2010 were enacted to address the redundancy and obsolescence of certain regulations under the Health Insurance Act 1973 and the National Health Act 1953, respectively. These Regulations were introduced by the Governor-General in accordance with sections 133 of the HIA and 140 of the NHA, which empower the Governor-General to make regulations that are not inconsistent with the respective Acts to carry out or give effect to them. The objective of these repeal Regulations is to eliminate outdated regulatory requirements that no longer serve any function or purpose, thereby reducing compliance costs for businesses. The Health Insurance (Pathology Review Committee) Regulations 1994 were intended to establish a Pathology Review Committee, which was never formed, and the functions of which have been absorbed by the Pathology Services Table Committee. Similarly, the National Health (Variation of Benefits) (No. 13) Regulations 1975 have been rendered obsolete by subsequent legislation. The repeal of these regulations is part of a broader government review aimed at eliminating poorly designed and ineffective regulations to better support Australian businesses.
Scope and Application
The Health Insurance (Pathology Review Committee) Repeal Regulations 2010 and the National Health (Variation of Benefits) (No. 13) Repeal Regulations 2010 apply to the Commonwealth of Australia and serve to repeal previously enacted regulations that have outlived their utility. These regulations pertain to the Health Insurance Act 1973 and the National Health Act 1953, respectively, and are designed to streamline and modernise the legislative framework by removing redundant regulations. The repealed regulations include the Health Insurance (Pathology Review Committee) Regulations 1994, which were intended to establish a Pathology Review Committee that never came into being, and the National Health (Variation of Benefits) (No. 13) Regulations 1975, which have been rendered obsolete by subsequent legislation. These repeals align with the government's broader initiative to eliminate outdated and inefficient regulatory requirements, thereby reducing the compliance burden on businesses and ensuring that the regulatory framework remains effective and relevant. The Regulations themselves do not impose any new obligations or exclusions but rather effectuate the removal of superseded regulatory measures.
Key Provisions
The key provisions of the Health Insurance (Pathology Review Committee) Repeal Regulations 2010 and the National Health (Variation of Benefits) (No. 13) Repeal Regulations 2010 (collectively, the Regulations) primarily involve the repeal of existing regulations that are no longer functional or necessary. Section 133 of the Health Insurance Act 1973 (HIA) and section 140 of the National Health Act 1953 (NHA) empower the Governor-General to make these regulations to ensure compliance with the respective Acts. The repealed regulations include the Health Insurance (Pathology Review Committee) Regulations 1994, which were created in anticipation of a committee that never materialised, and the National Health (Variation of Benefits) (No. 13) Regulations 1975, which have been superseded by subsequent legislation.
The Regulations impose no new obligations or requirements on the parties or entities governed by the HIA and NHA. Instead, they serve to clean up the legislative framework by removing outdated and redundant regulatory requirements. The repeal of these regulations is part of a broader government review aimed at reducing the burden of ineffective regulations on Australian businesses, thereby streamlining compliance processes and enhancing the efficiency of health-related legislation.
There are no specific offences, penalties, or civil or criminal consequences outlined for the breach of these Regulations, as they are primarily administrative in nature and focus on the repeal of existing regulations. The repeal of these regulations is intended to have no substantive impact on the operations or obligations of the entities governed by the HIA and NHA, as the regulations being repealed were already defunct and had no practical effect. The revocation of these regulations aligns with the government's commitment to eliminate poorly designed and ineffective regulations, thus supporting a more streamlined and cost-effective regulatory environment.