TUBERCULOSIS.
No. 44 of 1946.
An Act to amend the Tuberculosis Act 1945.
[Assented to l5th August, 1946.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Tuberculosis Act 1946.
(2.) The Tuberculosis Act 1945, as amended by this Act, may be cited as the Tuberculosis Act 1945-1946.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
3. Section six of the Tuberculosis Act 1945 is repealed and the following section inserted in its stead:—
Grants to States, and payments in respect of Territories, for benefit of sufferers.
“6.—(1.) An amount determined in accordance with this section shall be payable in every year to each State upon the condition that the amount is applied by the State during that year in making payments to or in respect of sufferers from tuberculosis, or the dependants of such sufferers, with the objects of—
(a) encouraging such sufferers to refrain from working and to take treatment;
(b) minimizing the spread of tuberculosis; and
(c) promoting the better treatment of tuberculosis.
“(2.) The amounts payable to the States under this section shall be determined by the Minister, but shall’ not exceed in the aggregate, in any year, the sum of Two hundred and fifty thousand pounds.
“(3.) The Treasurer may pay to the Minister such amounts as are agreed upon between the Treasurer and the Minister for the purpose of the making of payments to or in respect of sufferers from tuberculosis, or the dependants of such sufferers, in the Australian Capital Territory and the Northern Territory with the same objects as are specified in this section in relation to payments by the States, and the Minister may make payments accordingly out of the sums so paid to him by the Treasurer.
“(4.) A payment received by a person out of moneys—
(a) paid to a State or to the Minister under this section; or
(b) provided by a State for the objects for which payments may be made by a State under this section,
shall be deemed not to be income for the purposes of the Invalid and Old-age Pensions Act 1908-1946, the Widows’ Pensions Act 1942-1946 and the Unemployment and Sickness Benefits Act 1944.”.
Payments to be made from National Welfare Fund.
4. Section seven of the Tuberculosis Act 1945 is amended by inserting after the word “Payments” the words “by the Commonwealth or the Treasurer”.
Overview
The Tuberculosis Act 1946 was enacted by the Australian Parliament to amend the Tuberculosis Act 1945, addressing the ongoing public health issue of tuberculosis within the nation. This Act was introduced to provide financial assistance to the states and territories for the benefit of tuberculosis sufferers and their dependents, with the primary objectives of encouraging sufferers to refrain from work and seek treatment, minimizing the spread of the disease, and promoting better treatment practices. The Act specifies that payments made under its provisions are not to be considered income for the purposes of certain other acts related to pensions and benefits.
The enactment of this legislation reflects a policy objective to coordinate and support state and territory efforts in managing and mitigating the impact of tuberculosis through financial grants and payments from the National Welfare Fund. This Act facilitates a structured approach to providing financial aid for the treatment and care of tuberculosis patients and their families, ensuring that these payments are not subject to income assessment under specified pension and benefit acts.
Scope and Application
The Tuberculosis Act 1946 applies to the Commonwealth, States, and the Australian Capital Territory and Northern Territory, with a specific focus on providing financial assistance to sufferers of tuberculosis and their dependants. This Act amends the Tuberculosis Act 1945 to ensure that funds are allocated for encouraging sufferers to refrain from work and seek treatment, minimizing the spread of the disease, and promoting better treatment options. The Act establishes a financial framework wherein the Commonwealth determines the annual amount payable to each State, not exceeding £250,000 in total for any given year, to be used for the specified purposes. Additionally, the Treasurer can make payments to the Minister to support sufferers in the Australian Capital Territory and Northern Territory. These payments are to be made from the National Welfare Fund and are not considered income under other pension and benefit acts. While the Act itself sets the primary guidelines, further details and specific arrangements may be made through subordinate instruments, ensuring flexibility in its application.
Key Provisions
The main operative sections of the Tuberculosis Act 1946 revolve around the financial provisions for supporting sufferers from tuberculosis and their dependants. Section 6(1) establishes the mechanism by which an annual amount is payable to each State, conditioned on the use of these funds to encourage sufferers to refrain from working and seek treatment, minimize the spread of the disease, and promote better treatment options. This amount is not to exceed £250,000 in any given year. Furthermore, Section 6(3) allows for payments to be made to the Minister for distribution to sufferers in the Australian Capital Territory and the Northern Territory, with the same objectives as the State payments. Section 4 ensures that payments made under this Act are sourced from the National Welfare Fund.
The Act imposes several obligations and requirements on both the Commonwealth and the States. Firstly, the Commonwealth, through the Minister, must determine the annual amounts payable to the States and the Treasurer for the purposes outlined in Section 6. The Treasurer must then agree upon and disburse these amounts to the Minister, ensuring the funds are available for the specified payments. The States, upon receiving these funds, are obligated to use them for the stated objectives of encouraging sufferers to refrain from work, minimizing the spread of tuberculosis, and promoting better treatment. Additionally, Section 4 mandates that the payments made under this Act are to be sourced from the National Welfare Fund, ensuring a dedicated fund for these critical health-related payments.
Breaches of the provisions set forth in the Act may result in various consequences. Although specific offences and penalties are not detailed within the provided text, it is implied that failure to adhere to the financial and distribution requirements could lead to legal ramifications. For example, misuse of funds intended for sufferers or their dependants might result in civil penalties, including the requirement to repay misused funds. Additionally, non-compliance with the Act’s objectives, such as failing to minimize the spread of tuberculosis or promote better treatment, could attract scrutiny and potential legal action. However, the exact nature of these penalties would be governed by further legislation or regulations not specified in the text provided.