STATES GRANTS (HOSPITAL OPERATING COSTS) ACT 1976
No. 80 of 1976
An Act to grant Financial Assistance to the States in relation to the Costs of Operating Hospitals.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the States Grants (Hospital Operating Costs) Act 1976.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Definitions.
3. In this Act—
“Health Insurance Act” means the Health Insurance Act 1973 or that Act as amended and in force from time to time;
“hospital agreement” means a document purporting to be an agreement entered into before the commencement of this Act by the Commonwealth with a State under section 30 of the Health Insurance Act.
Grant of financial assistance.
4. (1) Subject to sub-section (2), the Treasurer may authorize the payment to a State, by way of financial assistance to the State for the purpose of meeting operating costs of hospitals in the State incurred, or to be incurred, before 1 October 1976, of such amounts as the Treasurer, after consultation with the Minister of State for Health, from time to time determines.
(2) The Treasurer shall not authorize payments to the States under sub-section (1) that exceed, in the aggregate, $315,000,000.
Conditions, &c.
5. (1) Payment of an amount to a State under this Act is subject to the condition imposed by sub-section (2) and to such other terms and conditions as the Treasurer, after consultation with the Minister of State for Health, determines, which may include terms and conditions as to repayment.
(2) Payment of an amount to a State under this Act is subject to the condition that, if the Treasurer informs the Treasurer of the State that he is satisfied, by reason of a decision of a competent court, that moneys are payable to the State in accordance with a hospital agreement for the purpose of meeting operating costs of hospitals in the State incurred before 1 October 1976, the State will repay that amount, or such part of that amount as the Treasurer specifies, to the Commonwealth.
(3) An amount repayable by a State to the Commonwealth in accordance with a condition subject to which an amount is paid to the State under this Act is a debt due by the State to the Commonwealth and, without prejudice to any other remedy of the Commonwealth, may be set off against any amount payable by the Commonwealth to the State.
Appropriation.
6. Amounts payable to a State under this Act are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.
Private hospitals.
7. Sections 33 and 34 of the Health Insurance Act have effect, and shall be deemed to have had effect, as if each hospital agreement were a valid agreement.
Act not to validate agreements.
8. Nothing in this Act shall be taken to have the effect, whether by implication or otherwise, of making valid, or declaring to be valid, a purported agreement that was invalid when made.