Commonwealth Consolidated Acts

HEALTH AND OTHER SERVICES (COMPENSATION) CARE CHARGES ACT 1995 - SECT 5

  (1)   This section applies if:

  (a)   a reimbursement arrangement has been made in respect of an injury to a compensable person; and

  (b)   the person is entitled, under the reimbursement arrangement, to compensation by way of reimbursement of expenses as those expenses are incurred, being expenses relating to the professional services rendered to the person in the course of treatment of, or as a result of, the injury.

  (2)   If:

  (a)   medicare benefit has been paid in respect of a professional service rendered to the person; and

  (b)   under the reimbursement arrangement, the person is entitled to reimbursement of the whole or any part of the amount payable for the service;

there is payable to the Commonwealth a charge, in respect of the compensation, of an amount equal to the medicare benefit.

  (3)   The charge is payable by the person entitled to the reimbursement.

  (4)   This section has effect only so far as it is a law imposing taxation or dealing with the imposition of taxation within the meaning of section   55 of the Constitution.

Note:   So far as this section would not be a law imposing taxation or dealing with the imposition of taxation, see section   7 of the Health and Other Services (Compensation) Act 1995 .