Commonwealth Consolidated Acts

HEALTH INSURANCE ACT 1973 - SECT 124ZT

Content of rules

  (1)   The Minister may, by legislative instrument, make rules (the Bonded Medical Program rules ) prescribing matters:

  (a)   required or permitted by this Part to be prescribed by the rules; or

  (b)   necessary or convenient to be prescribed for carrying out or giving effect to this Part.

  (2)   For the purposes of the definition of eligible location , the Bonded Medical Program rules:

  (a)   must prescribe either or both of the following:

  (i)   a regional, rural or remote area of Australia;

  (ii)   an area of workforce shortage; and

  (b)   may prescribe that an area is prescribed as an eligible location only in relation to a particular class of bonded participants.

  (3)   Without limiting subsection   (1), the Bonded Medical Program rules may provide for any or all of the following matters:

  (a)   the events that a bonded participant must notify to evidence compliance with conditions of the Bonded Medical Program;

  (b)   the requirements for completing a return of service obligation;

  (ba)   how to calculate a week for the purposes of the 156 week period mentioned in subsection   124ZF(1), including when a week commences and the hours that constitute a week of work;

  (c)   the circumstances in which work which qualifies for completing a return of service obligation may be scaled;

  (d)   the circumstances in which work will qualify for completing a return of service obligation (even if there is a change in an eligible location);

  (e)   for the purposes of section   124ZF:

  (i)   who is a member of a bonded participant's family; and

  (ii)   evidential requirements for establishing whether a bonded participant, or a member of the bonded participant's family, has a medical condition; and

  (iii)   evidential requirements for establishing that such a medical condition prevents a bonded participant from completing their return of service obligation;

  (f)   in relation to a breach of the condition mentioned in paragraph   124ZG(1)(a) or (c)--the applicable rate of interest and how interest is to be applied;

  (g)   the form in which, and the way in which, information or documents are to be provided to the Department.

  (4)   The Bonded Medical Program rules may provide for any matter mentioned in subsection   (3) only in relation to a particular class of bonded participants.

  (5)   To avoid doubt, the Bonded Medical Program rules may not do the following:

  (a)   create an offence or civil penalty;

  (b)   provide powers of:

  (i)   arrest or detention; or

  (ii)   entry, search or seizure;

  (c)   impose a tax;

  (d)   set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

  (e)   directly amend the text of this Act.

Incorporation of other instruments

  (6)   For the purposes of subsection   (2), the Bonded Medical Program rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing:

  (a)   as in force or existing at a particular time; or

  (b)   as in force or existing from time to time.

  (7)   Subsection   (6) has effect despite subsection   14(2) of the Legislation Act 2003 .

Inconsistency of rules and regulations

  (8)   Bonded Medical Program rules that are inconsistent with the regulations have no effect to the extent of the inconsistency, but the rules are taken to be consistent with the regulations to the extent that the rules are capable of operating concurrently with the regulations.