Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 159, 1997
Compilation No. 14
Compilation date: 18 October 2023
Includes amendments up to: Act No. 74, 2023
Registered: 28 October 2023
About this compilation
This compilation
This is a compilation of the Health Insurance Commission (Reform and Separation of Functions) Act 1997 that shows the text of the law as amended and in force on 18 October 2023 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
Part 2--Transitional provisions relating to the transfer of Medibank Private from the Health Insurance Commission to a separate organisation (the nominated company)
Division 1--Introduction
3 Simplified outline
4 Definitions
5 Nominated company
6 Fund-transfer day
7 Commission-owned company
8 Crown to be bound
9 External Territories
10 Extra-territorial operation
Division 3--Commission to facilitate transfer of Medibank Private to the nominated company
15 Commission to facilitate transfer of Medibank Private to the nominated company
Division 4--Transfer of Medibank Private from the Commission to the nominated company
Subdivision A--Transfer of Medibank Private fund
16 Transfer of Medibank Private fund to the nominated company
Subdivision B--Transfers of assets, contracts and liabilities
17 Transfer of assets
18 Transfer of contractual rights and obligations
19 Transfer of liabilities
20 Commission contracts may be split
Subdivision C--Transfer of staff
21 Transfer of staff from the Commission
22 Terms and conditions--transferred employees
23 Accrued benefits--transferred employees
24 Continuity of service of transferred employees
25 Termination payments--transferred employees
26 Variation of terms and conditions--transferred employees
27 Mobility rights--transferred employees
28 Re-transfer of staff from the nominated company
29 Terms and conditions--re-transferred employees
30 Accrued benefits--re-transferred employees
31 Continuity of service of re-transferred employees
32 Termination payments--re-transferred employees
33 Variation of terms and conditions--re-transferred employees
Division 5--Acquisition by the Commonwealth of shares in the nominated company
34 Acquisition by the Commonwealth of shares in the nominated company
Division 6--Exemption from stamp duty
36 Exemption from stamp duty
Division 7--Miscellaneous
37 Transfers of land may be registered
38 This Part does not modify registers kept by land registration officials
39 Application of Lands Acquisition Act
40 Instruments under this Part not legislative instruments
41 Transfer of pending proceedings
42 Operation of this Part does not place a person in breach of contract etc.
43 Transfer of records
44 Nominated company not to be an agency of the Commonwealth etc.
46 Compensation--constitutional safety-net
47 Delegation
48 Commonwealth records
49 Complaints and investigations under the Ombudsman Act 1976
50 Requests under the Freedom of Information Act 1982
51 Complaints and investigations under the Privacy Act 1988
52 This Part does not authorise the imposition of taxation
53 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Endnote 5--Editorial changes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Health Insurance Commission (Reform and Separation of Functions) Act 1997 | 159, 1997 | 11 Nov 1997 | Sch 1 (items 38-42, 45-50, 52-69, 71-80): 1 Mar 1998 (s 2(2) and gaz 1998, No GN9) |
|
Corporations (Repeals, Consequentials and Transitionals) Act 2001 | 55, 2001 | 28 June 2001 | s 4-14 and Sch 3 (items 210-215): 15 July 2001 (s 2(1), (3) and gaz 2001, No S285) | s 4-14 |
160, 2006 | 11 Dec 2006 | Sch 1 (items 1-3): 12 Dec 2006 (s 2(1) item 2) | -- | |
Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 | 8, 2008 | 20 Mar 2008 | Sch 1 (items 269, 270): 28 Mar 2008 (s 2(1) item 2 and F2008L00959) | -- |
Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 | 103, 2010 | 13 July 2010 | Sch 6 (items 1, 62-67): 1 Jan 2011 (s 2(1) items 3, 5) | -- |
5, 2011 | 22 Mar 2011 | Sch 7 (item 70): 19 Apr 2011 (s 2(1) item 18) | -- | |
Statute Law Revision Act (No. 1) 2014 | 31, 2014 | 27 May 2014 | Sch 9 (items 3, 4): 24 June 2014 (s 2(1) item 9) | -- |
62, 2014 | 30 June 2014 | Sch 9 (item 158) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 | |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
10, 2015 | 5 Mar 2015 | Sch 1 (items 147, 148, items 166-179): 5 Mar 2016 (s 2(1) item 2) | Sch 1 (items 166-179) | |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 3 (items 1, 6): 5 Mar 2016 (s 2(1) item 8) | Sch 1 (item 6) |
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023 | 74, 2023 | 20 Sept 2023 | Sch 6 (item 1): 18 Oct 2023 (s 2(1) item 3) | -- |
33, 2016 | 23 Mar 2016 | Sch 5 (item 60): 1 July 2016 (s 2(1) item 7) | -- | |
Public Governance and Resources Legislation Amendment Act (No. 1) 2017 | 92, 2017 | 23 Aug 2017 | Sch 3 (items 1-4) and Sch 4: 23 Aug 2017 (s 2(1) item 1) | Sch 4 |
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023 | 74, 2023 | 20 Sept 2023 | Sch 5 (item 11): 18 Oct 2023 (s 2(1) item 3) | -- |
Name | Registration | Commencement | Application, saving and transitional provisions |
Workplace Relations Amendment (Work Choices) (Consequential Amendments) Regulations 2006 (No. 1) (SLI No. 50, 2006) | 17 Mar 2006 (F2006L00820) | Sch 43: 27 Mar 2006 (r 2(b)) | -- |
Provision affected | How affected |
Part 2 |
|
Division 1 |
|
s 3..................... | am No 160, 2006 |
s 4..................... | am No 55, 2001 |
| ed C14 |
s 5..................... | am No 55, 2001 |
s 8..................... | am No 33, 2016 |
Division 2................ | rep No 74, 2023 |
s 11.................... | rep No 74, 2023 |
s 12.................... | rep No 74, 2023 |
s 13.................... | am No 62, 2014 |
| rep No 74, 2023 |
s 14.................... | rep No 74, 2023 |
Division 4 |
|
Subdivision B |
|
s 17.................... | am No 55, 2001 |
s 18.................... | am No 103, 2010 |
s 20.................... | am No 103, 2010 |
Subdivision C |
|
s 22.................... | am SLI 2006 No 50 |
s 26.................... | am SLI 2006 No 50; No 8, 2008 |
s 29.................... | am SLI 2006 No 50 |
s 33.................... | am SLI 2006 No 50; No 8, 2008 |
Division 5 |
|
s 34.................... | am No 55, 2001; No 160, 2006 |
s 35.................... | rep No 160, 2006 |
Division 7 |
|
s 40.................... | am No 10, 2015 |
s 45.................... | am No 55, 2001 |
| rep No 160, 2006 |
s 47.................... | am No 55, 2001; No 5, 2011; No 92, 2017 |
Part 3................... | rep No 31, 2014 |
s 54.................... | rep No 31, 2014 |
Schedule 1................ | rep No 31, 2014 |
Schedule 2................ | rep No 31, 2014 |
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Section 4
Kind of editorial change
Details of editorial change
This compilation was editorially changed to move the definitions of re-transferred employee and transferred employee in section 4 to the correct alphabetical positions.