Commonwealth Consolidated Acts Commonwealth Consolidated Acts1 Title
Omit " to establish Medicare Australia, and for related purposes " , substitute " relating to the provision of certain services, and for other purposes " .
2 Section 1
Omit " Medicare Australia Act 1973 " , substitute " Human Services (Medicare) Act 1973 " .
Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act ' s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 ).
3 Section 3 (definition of authorised officer )
Omit " Chief Executive Officer or an employee who is appointed by the Chief Executive Officer " , substitute " Chief Executive Medicare or a Departmental employee who is appointed by the Chief Executive Medicare " .
4 Section 3
Insert:
"Chief Executive Centrelink" has the same meaning as in the Human Services (Centrelink) Act 1997 .
5 Section 3
Insert:
"Chief Executive Medicare" means the Chief Executive Medicare referred to in section 4.
6 Section 3 (definition of Chief Executive Officer )
Repeal the definition.
7 Section 3 (definition of Commonwealth authority )
Repeal the definition.
8 Section 3 (definition of Commonwealth service )
Repeal the definition.
9 Section 3
Insert:
"data" includes:
(a) information in any form; and
(b) any program (or part of a program).
10 Section 3
Insert:
"data held in a computer" includes:
(a) data held in any removable data storage device for the time being held in a computer; or
(b) data held in a data storage device on a computer network of which the computer forms a part.
11 Section 3
Insert:
"data storage device" means a thing containing, or designed to contain, data for use by a computer.
12 Section 3
Insert:
"Departmental employee" means an APS employee in the Department.
Note: APS employee is defined in the Acts Interpretation Act 1901 .
13 Section 3 (definition of employee )
Repeal the definition.
14 Section 3
Insert:
"function" includes power.
15 Section 3 (definition of medicare functions )
Omit " Chief Executive Officer " , substitute " Chief Executive Medicare " .
16 Section 3
Insert:
"medicare program" has the meaning given by section 41G.
17 Section 3 (definition of officer assisting )
Omit " an employee " (wherever occurring), substitute " a Departmental employee " .
18 Section 3
Insert:
"perform" includes exercise.
19 Section 3 (definition of principal officer )
Repeal the definition.
20 Section 3
Insert:
"Secretary" means the Secretary of the Department.
21 Section 3 (definition of service arrangements )
Repeal the definition.
22 Section 3 (definition of service delivery functions )
Omit " Chief Executive Officer " , substitute " Chief Executive Medicare " .
23 Section 3B
Repeal the section.
24 Part II
Repeal the Part.
25 Part IIA (heading)
Repeal the heading, substitute:
Part IIA -- Chief Executive Medicare
26 Division 1 of Part IIA (heading)
Repeal the heading.
27 Before section 5
Insert:
(1) There is to be a Chief Executive Medicare.
(2) The Chief Executive Medicare is to be a person who is:
(a) an SES employee in the Department; and
(b) specified in a written instrument made by the Secretary.
(3) A person must not be specified in an instrument under paragraph ( 2)(b) if the person is, or is acting as:
(a) the Chief Executive Centrelink; or
(b) the Child Support Registrar.
(4) An instrument under paragraph ( 2)(b) is not a legislative instrument.
4A Acting Chief Executive Medicare
(1) The Secretary may appoint an SES employee in the Department to act as the Chief Executive Medicare:
(a) during a vacancy in the position of Chief Executive Medicare (whether or not an appointment has previously been made to the position); or
(b) during any period, or during all periods, when the Chief Executive Medicare:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the position.
(2) A person must not be appointed under subsection ( 1) if the person is, or is acting as:
(a) the Chief Executive Centrelink; or
(b) the Child Support Registrar.
(3) Anything done by or in relation to a person purporting to act under an appointment under subsection ( 1) is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
Note: See sections 20 and 33A of the Acts Interpretation Act 1901 .
28 Subsection 5(1)
Omit " Chief Executive Officer has " , substitute " Chief Executive Medicare has " .
Note 1: The heading to section 5 is altered by omitting " Chief Executive Officer " and substituting " Chief Executive Medicare " .
Note 2: The following heading to subsection 5(1) is inserted " Functions--general " .
28A Paragraph 5(1)(c)
Omit " Chief Executive Officer " , substitute " Chief Executive Medicare " .
28B Paragraph 5(1)(d)
Repeal the paragraph.
28C Subsection 5(2)
Repeal the subsection.
29 At the end of section 5
Add:
Parallel function
(3) A function prescribed by regulations made for the purposes of paragraph ( 1)(e) may be a specified function that another person (the primary person ) has under a law of the Commonwealth.
(4) When the specified function is performed by the Chief Executive Medicare, the function is, for the purposes of that or any other law of the Commonwealth, taken to have been performed by the primary person.
(5) The performance of the specified function by the Chief Executive Medicare does not prevent the performance of the function under the law of the Commonwealth by the primary person.
(6) For the purposes of subsection ( 3), it is immaterial whether the specified function is a function that can be delegated.
(7) For the purposes of subsection ( 3), it is immaterial whether the specified function is a function under a law administered by the Minister.
(8) Subsection ( 3) does not limit paragraph ( 1) (e).
(9) Subsections ( 6) and (7) are enacted for the avoidance of doubt.
Function of acting on behalf of another person
(10) A function prescribed by regulations made for the purposes of paragraph ( 1)(e) may be a function of acting on behalf of another person (the primary person ) in the performance of a function that the primary person may perform, whether under a law of the Commonwealth or otherwise.
(11) For the purposes of subsection ( 10), it is immaterial whether a function that the primary person may perform is a function that can be delegated.
(12) For the purposes of subsection ( 10), it is immaterial whether a function that the primary person may perform under a law of the Commonwealth is a function under a law administered by the Minister.
(13) For the purposes of subsection ( 10), it is immaterial whether a function that the primary person may perform otherwise than under a law of the Commonwealth is a function that is within the responsibilities of the Minister.
(14) Subsection ( 10) does not limit paragraph ( 1) (e).
(15) Subsections ( 10) to (14) are enacted for the avoidance of doubt.
30 Section 6
Omit " Chief Executive Officer ' s " , substitute " Chief Executive Medicare ' s " .
Note: The heading to section 6 is altered by omitting " Chief Executive Officer ' s " and substituting " Chief Executive Medicare ' s " .
31 Section 6
Omit " Chief Executive Officer " , substitute " Chief Executive Medicare " .
32 Section 7
Repeal the section, substitute:
7 Chief Executive Medicare ' s service delivery functions
The Chief Executive Medicare ' s service delivery functions are as follows:
(a) to provide services, benefits, programs or facilities that are provided for by the Commonwealth for a purpose for which the Parliament has the power to make laws;
(b) to provide services, benefits, programs or facilities that are provided for by a person or body other than the Commonwealth for a purpose for which the Parliament has the power to make laws.
33 Section 7A
Repeal the section, substitute:
7A Agreements about performance of Chief Executive Medicare ' s functions
The Secretary of the Department may enter into a written agreement with the Secretary of another Department about the performance of any of the Chief Executive Medicare ' s functions.
34 Sections 8, 8AA and 8AB
Repeal the sections.
35 Subsection 8AC(1)
Omit " Chief Executive Officer may, by writing, delegate to an employee all or any of the powers or functions of the Chief Executive Officer " , substitute " Chief Executive Medicare may, by writing, delegate to a Departmental employee all or any of the functions of the Chief Executive Medicare " .
36 After subsection 8AC(1)
Insert:
(1A) For the purposes of subsection ( 1), it is immaterial whether a function of the Chief Executive Medicare is a function of the kind mentioned in subsection 5(3) or (10).
37 Subsection 8AC(2)
Omit " Chief Executive Officer must not delegate powers or functions " , substitute " Chief Executive Medicare must not delegate functions " .
38 Subsection 8AC(3)
Omit " Chief Executive Officer may, by writing, delegate to an employee all or any of the powers or functions delegated to the Chief Executive Officer " , substitute " Chief Executive Medicare may, by writing, delegate to a Departmental employee all or any of the functions delegated to the Chief Executive Medicare " .
39 Subsection 8AC(4)
Omit " Chief Executive Officer must not delegate powers or functions " , substitute " Chief Executive Medicare must not delegate functions " .
40 Subsection 8AC(4)
Omit " Chief Executive Officer would " , substitute " Chief Executive Medicare would " .
41 At the end of section 8AC
Add:
(5) The Chief Executive Medicare must not delegate functions under subsection ( 1) or (3) to a Departmental employee who is, or is acting as:
(a) the Chief Executive Centrelink; or
(b) the Child Support Registrar.
42 Subsection 8AD(1)
Omit " powers or " .
Note: The heading to section 8AD is altered by omitting " powers etc. on Chief Executive Officer " and substituting " functions etc. on Chief Executive Medicare " .
43 Subsection 8AD(1)
Omit " Chief Executive Officer " , substitute " Chief Executive Medicare " .
44 Subsection 8AD(1) (note)
Omit " Chief Executive Officer " , substitute " Chief Executive Medicare " .
45 Subsection 8AD(2)
Omit " power or " .
46 Paragraph 8AD(2)(a)
Omit " Chief Executive Officer " , substitute " Chief Executive Medicare " .
47 Subsection 8AD(3)
Omit " Chief Executive Officer cannot exercise a power, or perform a duty or function, " , substitute " Chief Executive Medicare cannot perform a duty or function " .
48 Subsection 8AE(1)
Omit " Chief Executive Officer " , substitute " Chief Executive Medicare " .
Note: The heading to section 8AE is altered by omitting " Chief Executive Officer " and substituting " Chief Executive Medicare " .
49 Subsection 8AE(1) (note)
Omit " Chief Executive Officer " , substitute " Chief Executive Medicare " .
50 Paragraph 8AE(2)(b)
Omit " Chief Executive Officer " , substitute " Chief Executive Medicare " .
51 Paragraph 8AE(5)(b)
Omit " Chief Executive Officer " , substitute " Chief Executive Medicare " .
52 Section 8AF
Omit " Chief Executive Officer " (first occurring), substitute " Chief Executive Medicare " .
Note: The heading to section 8AF is altered by omitting " Chief Executive Officer " and substituting " Chief Executive Medicare " .
53 Paragraph 8AF(a)
Omit " power or function on the Chief Executive Officer " , substitute " function on the Chief Executive Medicare " .
54 Paragraph 8AF(b)
Omit " power or function is conferred give rise to an obligation on the Chief Executive Officer to exercise the power or to perform the function " , substitute " function is conferred give rise to an obligation on the Chief Executive Medicare to perform the function " .
55 After section 8AF
Insert:
8B Chief Executive Medicare may be assisted by Departmental employees
A Departmental employee may assist the Chief Executive Medicare in the performance of any of the functions of the Chief Executive Medicare.
56 Division 2 of Part IIA
Repeal the Division.
57 Part IID (heading)
Repeal the heading, substitute:
Part IID -- Investigative powers of Chief Executive Medicare
58 Subsection 8L(1)
Omit " Chief Executive Officer " (wherever occurring), substitute " Chief Executive Medicare " .
59 Section 8M
Omit " Chief Executive Officer may, by signed instrument, appoint an employee " , substitute " Chief Executive Medicare may, by signed instrument, appoint a Departmental employee " .
60 Subsections 8N(1), (2) and (3)
Omit " Chief Executive Officer " , substitute " Chief Executive Medicare " .
61 Subsection 8P(1)
Omit " Chief Executive Officer " , substitute " Chief Executive Medicare " .
Note: The heading to section 8P is altered by omitting " Chief Executive Officer " and substituting " Chief Executive Medicare " .
62 Paragraph 8Q(1)(b)
Omit " Chief Executive Officer " , substitute " Chief Executive Medicare " .
63 Paragraph 8Q(1)(c)
Omit " employee " , substitute " Departmental employee " .
64 Subsection 8Q(3)
Omit " employee " , substitute " Departmental employee " .
65 Subsection 8Q(4)
Omit " an employee " , substitute " a Departmental employee " .
66 After section 8R
Insert:
Scope
(1) This section applies to information that is:
(a) given in accordance with a notice under section 8P; or
(b) contained in a document produced in accordance with a notice under section 8P.
Use of information
(2) The information may be used or disclosed for purposes in connection with:
(a) the exercise of a power under section 124F of the Health Insurance Act 1973 ; or
(b) the exercise of a power under section 124FF of the Health Insurance Act 1973 ; or
(c) the exercise of a power under section 133 of the National Health Act 1953 .
(3) Subsection ( 2) does not, by implication, limit the purposes for which the information may otherwise be used or disclosed.
67 Subsection 8U(6)
Omit " Chief Executive Officer " , substitute " Chief Executive Medicare " .
68 Paragraph 8Y(2)(b)
Omit " Chief Executive Officer " , substitute " Chief Executive Medicare " .
69 Sections 8ZF and 8ZG
Repeal the sections, substitute:
8ZF Use of equipment to examine or process things
(1) The authorised officer or an officer assisting may bring to the warrant premises any equipment reasonably necessary for the examination or processing of a thing found at the premises in order to determine whether it is a thing that may be seized under the warrant.
(2) A thing found at the premises may be moved to another place for examination or processing in order to determine whether it may be seized under a warrant if:
(a) both of the following apply:
(i) it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance;
(ii) the authorised officer or officer assisting suspects on reasonable grounds that the thing contains or constitutes evidential material; or
(b) the occupier of the premises consents in writing.
(3) If a thing is moved to another place for the purpose of examination or processing under subsection ( 2), the authorised officer must, if it is practicable to do so:
(a) inform the occupier of the address of the place and the time at which the examination or processing will be carried out; and
(b) allow the occupier or his or her representative to be present during the examination or processing.
(4) The authorised officer need not comply with paragraph ( 3)(a) or (b) if he or she believes on reasonable grounds that to do so might:
(a) endanger the safety of a person; or
(b) prejudice an investigation or prosecution.
(5) The thing may be moved to another place for examination or processing for no longer than 14 days.
(6) An authorised officer may apply to a magistrate for one or more extensions of that time if the authorised officer believes on reasonable grounds that the thing cannot be examined or processed within 14 days or that time as previously extended.
(7) The authorised officer must give notice of the application to the occupier of the premises, and the occupier is entitled to be heard in relation to the application.
(8) A single extension cannot exceed 7 days.
(9) The authorised officer or an officer assisting may operate equipment already at the warrant premises to carry out the examination or processing of a thing found at the premises in order to determine whether it is a thing that may be seized under the warrant if the authorised officer or officer assisting believes on reasonable grounds that:
(a) the equipment is suitable for the examination or processing; and
(b) the examination or processing can be carried out without damage to the equipment or the thing.
8ZG Use of electronic equipment at premises
(1) The authorised officer or an officer assisting may operate electronic equipment at the warrant premises to access data (including data not held at the premises) if he or she suspects on reasonable grounds that the data constitutes evidential material.
Note: An authorised officer can obtain an order requiring a person with knowledge of a computer or computer system to provide assistance: see section 8ZGB.
(2) If the authorised officer or officer assisting suspects on reasonable grounds that any data accessed by operating the electronic equipment constitutes evidential material, he or she may:
(a) copy any or all of the data accessed by operating the electronic equipment to a disk, tape or other associated device brought to the premises; or
(b) if the occupier of the premises agrees in writing--copy any or all of the data accessed by operating the electronic equipment to a disk, tape or other associated device at the premises;
and take the device from the premises.
(3) If:
(a) the authorised officer or officer assisting takes the device from the premises; and
(b) the Chief Executive Medicare is satisfied that:
(i) the reason for the copying of the data no longer exists; or
(ii) a decision has been made not to use the data in evidence;
the Chief Executive Medicare must arrange for:
(c) the removal of the data from any device in the control of a Departmental employee; and
(d) the destruction of any other reproduction of the data in the control of a Departmental employee.
(4) If the authorised officer or an officer assisting, after operating the equipment, finds that evidential material is accessible by doing so, he or she may:
(a) seize the equipment and any disk, tape or other associated device; or
(b) if the material can, by using facilities at the premises, be put in documentary form--operate the facilities to put the material in that form and seize the documents so produced.
(5) An authorised officer or an officer assisting may seize equipment under paragraph ( 4)(a) only if:
(a) it is not practicable to copy the data as mentioned in subsection ( 2) or to put the material in documentary form as mentioned in paragraph ( 4)(b); or
(b) possession by the occupier of the equipment could constitute an offence.
(6) If the authorised officer or an officer assisting suspects on reasonable grounds that:
(a) evidential material may be accessible by operating electronic equipment at the premises; and
(b) expert assistance is required to operate the equipment; and
(c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;
he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.
(7) The authorised officer or an officer assisting must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.
(8) The equipment may be secured:
(a) for a period not exceeding 24 hours; or
(b) until the equipment has been operated by the expert;
whichever happens first.
(9) If the authorised officer or an officer assisting believes on reasonable grounds that the expert assistance will not be available within 24 hours, he or she may apply to a magistrate for an extension of that period.
(10) The authorised officer or an officer assisting must give notice to the occupier of the premises of his or her intention to apply for an extension, and the occupier is entitled to be heard in relation to the application.
(11) The provisions of Division 4 relating to the issue of warrants apply, with such modifications as are necessary, to the issuing of an extension.
8ZGA Use of electronic equipment at other place
(1) If electronic equipment found at the warrant premises is moved to another place under subsection 8ZF(2), the authorised officer or an officer assisting may operate the equipment to access data (including data held at another place).
(2) If the authorised officer or officer assisting suspects on reasonable grounds that any data accessed by operating the electronic equipment constitutes evidential material, he or she may copy any or all of the data accessed by operating the electronic equipment to a disk, tape or other associated device.
(3) If the Chief Executive Medicare is satisfied that:
(a) the reason for the copying of the data no longer exists; or
(b) a decision has been made not to use the data in evidence;
the Chief Executive Medicare must arrange for:
(c) the removal of the data from any device in the control of a Departmental employee; and
(d) the destruction of any other reproduction of the data in the control of a Departmental employee.
(4) If the authorised officer or an officer assisting, after operating the equipment, finds that evidential material is accessible by doing so, he or she may:
(a) seize the equipment and any disk, tape or other associated device; or
(b) if the material can be put in documentary form--put the material in that form and seize the documents so produced.
(5) An authorised officer or officer assisting may seize equipment under paragraph ( 4)(a) only if:
(a) it is not practicable to copy the data as mentioned in subsection ( 2) or to put the material in documentary form as mentioned in paragraph ( 4)(b); or
(b) possession by the occupier of the equipment could constitute an offence.
8ZGB Person with knowledge of a computer or a computer system to assist access etc.
(1) An authorised officer may apply to a magistrate for an order requiring a specified person to provide any information or assistance that is reasonable and necessary to allow an authorised officer or officer assisting to do one or more of the following:
(a) access data held in, or accessible from, a computer or data storage device that:
(i) is on warrant premises; or
(ii) has been removed from warrant premises under subsection 8ZF(2) and is at another place for examination or processing; or
(iii) has been seized under this Division and is no longer on the warrant premises;
(b) copy data held in, or accessible from, a computer, or data storage device, described in paragraph ( a) to another data storage device;
(c) convert into documentary form or another form intelligible to an authorised officer or officer assisting:
(i) data held in, or accessible from, a computer, or data storage device, described in paragraph ( a); or
(ii) data held in a data storage device to which the data was copied as described in paragraph ( b); or
(iii) data held in a data storage device removed from warrant premises under subsection 8ZG(2).
(2) The magistrate may grant the order if the magistrate is satisfied that:
(a) there are reasonable grounds for suspecting that evidential material is held in, or is accessible from, the computer or data storage device; and
(b) the specified person is:
(i) reasonably suspected of having committed the relevant offence or relevant civil contravention stated in the relevant warrant; or
(ii) the owner or lessee of the computer or device; or
(iii) an employee of the owner or lessee of the computer or device; or
(iv) a person engaged under a contract for services by the owner or lessee of the computer or device; or
(v) a person who uses or has used the computer or device; or
(vi) a person who is or was a system administrator for the system including the computer or device; and
(c) the specified person has relevant knowledge of:
(i) the computer or device or a computer network of which the computer or device forms or formed a part; or
(ii) measures applied to protect data held in, or accessible from, the computer or device.
(3) If:
(a) the computer or data storage device that is the subject of the order is seized under this Division; and
(b) the order was granted on the basis of an application made before the seizure;
the order does not have effect on or after the seizure.
Note: An application for another order under this section relating to the computer or data storage device may be made after the seizure. If the other order is made after the computer or device has been removed from the warrant premises, that other order can specify conditions relating to the provision of information or assistance.
(4) If the computer or data storage device is not on warrant premises, the order must:
(a) specify the period within which the person must provide the information or assistance; and
(b) specify the place at which the person must provide the information or assistance; and
(c) specify the conditions (if any) determined by the magistrate as the conditions to which the requirement on the person to provide the information or assistance is subject.
(5) A person commits an offence if the person fails to comply with the order.
Penalty for contravention of this subsection: Imprisonment for 2 years.
8ZGC Accessing data held on other premises--notification to occupier of that premises
(1) If:
(a) data that is held on premises other than the warrant premises is accessed under subsection 8ZG(1) or 8ZGA(1); and
(b) it is practicable to notify the occupier of the other premises that the data has been accessed under a warrant;
the authorised officer must:
(c) do so as soon as practicable; and
(d) if the authorised officer has arranged, or intends to arrange, for continued access to the data under subsection 8ZG(2) or (4) or 8ZGA(2) or (4)--include that information in the notification.
(2) A notification under subsection ( 1) must include sufficient information to allow the occupier of the other premises to contact the authorised officer.
70 Paragraph 8ZH(1)(a)
Omit " or 8ZG " , substitute " , 8ZG or 8ZGA " .
71 Subsection 8ZL(2)
Omit " paragraph 8ZG(2)(b) or (c) " , substitute " paragraph 8ZG(4)(b) or 8ZGA(4)(b) " .
72 Subsection 8ZM(1)
Omit " Chief Executive Officer " , substitute " Chief Executive Medicare " .
73 Subsection 8ZM(2)
Omit " Chief Executive Officer " (wherever occurring), substitute " Chief Executive Medicare " .
74 Subsection 8ZN(1)
Repeal the subsection, substitute:
(1) If, in the exercise of a power under this Part:
(a) an authorised officer; or
(b) an officer assisting;
examines a record containing clinical details relating to an individual patient, the Chief Executive Medicare must advise the patient in writing of the examination of the record.
75 Paragraph 8ZN(2)(b)
Omit " Chief Executive Officer " , substitute " Chief Executive Medicare " .
76 At the end of subsection 8ZN(2)
Add:
; or (c) the examination of the record did not result in:
(i) the authorised officer; or
(ii) the officer assisting;
obtaining any knowledge of any of the clinical details relating to the patient.
77 Section 8ZQ
Omit " Chief Executive Officer ' s " (wherever occurring), substitute " Chief Executive Medicare ' s " .
78 At the end of Division 6 of Part IID
Add:
Powers conferred personally
(1) A power conferred on a magistrate by this Part is conferred on the magistrate:
(a) in a personal capacity; and
(b) not as a court or a member of a court.
Powers need not be accepted
(2) The magistrate need not accept the power conferred.
Protection and immunity
(3) A magistrate exercising a power conferred by this Part has the same protection and immunity as if he or she were exercising the power:
(a) as the court of which the magistrate is a member; or
(b) as a member of the court of which the magistrate is a member.
79 Part III
Repeal the Part.
80 Paragraph 41C(2)(c)
Omit " the Chief Executive Officer or Medicare Australia " , substitute " the Chief Executive Medicare or the Department " .
81 Section 41F
Omit " Chief Executive Officer " , substitute " Chief Executive Medicare " .
Note: The heading to section 41F is altered by omitting " Chief Executive Officer " and substituting " Chief Executive Medicare " .
82 After section 41F
Insert:
For the purposes of a law of the Commonwealth, the following are medicare programs :
(a) services, benefits, programs or facilities that are provided for under:
(i) the Health Insurance Act 1973 ; or
(ii) the National Health Act 1953 ; or
(iii) the Dental Benefits Act 2008 ; or
(iv) the Aged Care Act 1997 ; or
(v) the Healthcare Identifiers Act 2010 ; or
(vi) the Private Health Insurance Act 2007 ; or
(vii) the Health and Other Services (Compensation) Act 1995 ;
(b) services, benefits, programs or facilities specified in a legislative instrument made by the Minister for the purposes of this paragraph .
83 Subsection 42(1A)
Repeal the subsection.
84 Subsection 42(1)
After " annual report " , insert " on the Department ' s activities given by the Secretary under section 63 of the Public Service Act 1999 " .
85 Subsection 42(2)
After " annual report " , insert " mentioned in subsection ( 1) " .
86 Subsection 42(3)
Repeal the subsection.
87 After section 42
Insert:
43 Arrangements with States and Territories--magistrates
States
(1) The Governor - General may make arrangements with the Governor of a State in relation to the performance of the functions of a magistrate under this Act by a magistrate of that State.
(2) The Governor - General may arrange with the Governor of a State with whom an arrangement is in force under subsection ( 1) for the variation or revocation of the arrangement.
Australian Capital Territory
(3) The Governor - General may make arrangements with the Chief Minister of the Australian Capital Territory in relation to the performance of the functions of a magistrate under this Act by a magistrate of the Australian Capital Territory.
(4) The Governor - General may arrange with the Chief Minister of the Australian Capital Territory for the variation or revocation of an arrangement in force under subsection ( 3).
Northern Territory
(5) The Governor - General may make arrangements with the Administrator of the Northern Territory in relation to the performance of the functions of a magistrate under this Act by a magistrate of the Northern Territory.
(6) The Governor - General may arrange with the Administrator of the Northern Territory for the variation or revocation of an arrangement in force under subsection ( 5).
Gazettal
(7) A copy of each instrument by which an arrangement under this section is made, varied or revoked is to be published in the Gazette .
Legislative instruments
(8) An instrument by which an arrangement under this section is made, varied or revoked is not a legislative instrument.
43A Multiple secrecy provisions
Scope
(1) This section applies to particular information if:
(a) the information is subject to a regulatory regime under a designated program Act (the first program Act ); and
(b) the information is also subject to a regulatory regime under another designated program Act (the second program Act ).
For the purposes of this subsection, in determining whether particular information is subject to a regulatory regime under a designated program Act, disregard whether the information is subject to a regulatory regime under any other designated program Act.
Disclosure or use of information etc.
(2) If:
(a) the Secretary, the Chief Executive Medicare or a Departmental employee:
(i) discloses the information; or
(ii) uses the information; or
(iii) makes a record of the information; and
(b) the Secretary, the Chief Executive Medicare or the Departmental employee, as the case may be, does so without contravening the first program Act;
the disclosure, use, or making of the record, as the case may be, does not contravene the second program Act.
Definitions
(3) In this section:
"designated program Act" means:
(a) the A New Tax System (Family Assistance) (Administration) Act 1999 ; or
(b) the Aged Care Act 1997 ; or
(c) the Child Support (Assessment) Act 1989 ; or
(d) the Child Support (Registration and Collection) Act 1988 ; or
(e) the Dental Benefits Act 2008 ; or
(f) the Disability Services Act 1986 ; or
(g) the Health Insurance Act 1973 ; or
(h) the Medical Indemnity Act 2002 ; or
(i) the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 ; or
(j) the National Health Act 1953 ; or
(k) the Paid Parental Leave Act 2010 ; or
(l) the Private Health Insurance Act 2007 ; or
(m) the Social Security (Administration) Act 1999 ; or
(n) the Student Assistance Act 1973 ; or
(o) an Act specified in a legislative instrument made by the Minister for the purposes of this paragraph .
"disclose" means disclose, divulge or communicate.
Part 2 -- Transitional provisions
88 Definitions
In this Part:
binding non - employment agreement means an agreement:
(a) that is legally enforceable; and
(b) to which the Commonwealth or the Chief Executive Officer is a party; and
(c) that does not contain any or all of the terms and conditions of employment of one or more employees; and
(d) that was entered into before the transition time.
Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997 as amended by Schedule 2 to this Act.
Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973 as amended by this Schedule.
Chief Executive Officer means the Chief Executive Officer (within the meaning of the Medicare Australia Act 1973 as in force immediately before the transition time).
Departmental employee has the same meaning as in the Human Services (Medicare) Act 1973 as amended by this Schedule.
government body means:
(a) a department of the Commonwealth, a State or a Territory; or
(b) an agency, authority or instrumentality of the Commonwealth, a State or a Territory.
Medicare Australia means Medicare Australia (within the meaning of the Medicare Australia Act 1973 as in force immediately before the transition time).
non - binding governmental agreement means an agreement:
(a) between Medicare Australia and a government body; and
(b) that is not legally enforceable; and
(c) that was entered into before the transition time.
Secretary means the Secretary of the Department.
transition time means the commencement of this Schedule.
Division 2--Acts of the CEO etc.
89 Transitional--acts of the CEO under financial management and public service legislation etc.
Scope
(1) This item applies to an act if:
(a) the act was done by the Chief Executive Officer before the transition time under:
(i) the Financial Management and Accountability Act 1997 ; or
(ii) regulations under the Financial Management and Accountability Act 1997 ; or
(iii) Finance Minister ' s Orders under the Financial Management and Accountability Act 1997 ; or
(iv) the Public Service Act 1999 ; or
(v) regulations under the Public Service Act 1999 ; or
(b) the act was done in relation to the Chief Executive Officer before the transition time under, or for the purposes of:
(i) the Financial Management and Accountability Act 1997 ; or
(ii) regulations under the Financial Management and Accountability Act 1997 ; or
(iii) Finance Minister ' s Orders under the Financial Management and Accountability Act 1997 ; or
(iv) the Public Service Act 1999 ; or
(v) regulations under the Public Service Act 1999 .
Note: For acts of delegates, see paragraph 34AB(c) of the Acts Interpretation Act 1901 .
Effect after transition time
(2) After the transition time, the act has effect:
(a) if paragraph ( 1)(a) applies--as if it had been done by the Secretary; or
(b) if paragraph ( 1)(b) applies--as if it has been done in relation to the Secretary.
(3) The Minister may, by legislative instrument, declare that subitem ( 2) does not apply to a specified act.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .
(4) If, at a particular time, the Minister makes a declaration under subitem ( 3) in relation to a specified act, the Minister may at the same time, by legislative instrument, make any of the following declarations:
(a) if paragraph ( 1)(a) applies--that the act has effect, after the transition time, as if it had been done by the Chief Executive Medicare;
(b) if paragraph ( 1)(b) applies--that the act has effect, after the transition time, as if it had been done in relation to the Chief Executive Medicare.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .
(5) A declaration made under subitem ( 3) or (4) after the transition time takes effect at the transition time.
(6) A declaration made under subitem ( 3) or (4) before the transition time, in accordance with section 4 of the Acts Interpretation Act 1901 , takes effect at the transition time.
90 Transitional--acts of the CEO under binding non - employment agreements etc.
Scope
(1) This item applies to an act if:
(a) the act was done by the Chief Executive Officer before the transition time under, or for the purposes of, a binding non - employment agreement; or
(b) the act was done in relation to the Chief Executive Officer before the transition time under, or for the purposes of, a binding non - employment agreement.
Effect after transition time
(2) After the transition time, the act has effect:
(a) if paragraph ( 1)(a) applies--as if it had been done by the Secretary; or
(b) if paragraph ( 1)(b) applies--as if it had been done in relation to the Secretary.
(3) The Minister may, by legislative instrument, declare that subitem ( 2) does not apply to a specified act.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .
(4) If, at a particular time, the Minister makes a declaration under subitem ( 3) in relation to a specified act, the Minister may at the same time, by legislative instrument, make any of the following declarations:
(a) if paragraph ( 1)(a) applies--that the act has effect, after the transition time, as if it had been done by the Chief Executive Medicare;
(b) if paragraph ( 1)(a) applies--that the act has effect, after the transition time, as if it had been done by the Chief Executive Centrelink;
(c) if paragraph ( 1)(b) applies--that the act has effect, after the transition time, as if it had been done in relation to the Chief Executive Medicare;
(d) if paragraph ( 1)(b) applies--that the act has effect, after the transition time, as if it had been done in relation to the Chief Executive Centrelink.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .
(5) A declaration made under subitem ( 3) or (4) after the transition time takes effect at the transition time.
(6) A declaration made under subitem ( 3) or (4) before the transition time, in accordance with section 4 of the Acts Interpretation Act 1901 , takes effect at the transition time.
91 Transitional--acts of the CEO under non - binding governmental agreements etc.
Scope
(1) This item applies to an act if:
(a) the act was done by the Chief Executive Officer before the transition time under, or for the purposes of, a non - binding governmental agreement; or
(b) the act was done in relation to the Chief Executive Officer before the transition time under, or for the purposes of, a non - binding governmental agreement.
Effect after transition time
(2) After the transition time, the act has effect:
(a) if paragraph ( 1)(a) applies--as if it had been done by the Chief Executive Medicare; or
(b) if paragraph ( 1)(b) applies--as if it had been done in relation to the Chief Executive Medicare.
(3) The Minister may, by legislative instrument, declare that subitem ( 2) does not apply to a specified act.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .
(4) If, at a particular time, the Minister makes a declaration under subitem ( 3) in relation to a specified act, the Minister may at the same time, by legislative instrument, make any of the following declarations:
(a) if paragraph ( 1)(a) applies--that the act has effect, after the transition time, as if it had been done by the Secretary;
(b) if paragraph ( 1)(a) applies--that the act has effect, after the transition time, as if it had been done by the Chief Executive Centrelink;
(c) if paragraph ( 1)(b) applies--that the act has effect, after the transition time, as if it had been done in relation to the Secretary;
(d) if paragraph ( 1)(b) applies--that the act has effect, after the transition time, as if it had been done in relation to the Chief Executive Centrelink.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .
(5) A declaration made under subitem ( 3) or (4) after the transition time takes effect at the transition time.
(6) A declaration made under subitem ( 3) or (4) before the transition time, in accordance with section 4 of the Acts Interpretation Act 1901 , takes effect at the transition time.
92 Transitional--other acts of the CEO
Scope
(1) This item applies to an act if:
(a) both:
(i) the act was done by the Chief Executive Officer before the transition time; and
(ii) none of items 89, 90 and 91 applies to the act; or
(b) both:
(i) the act was done in relation to the Chief Executive Officer before the transition time; and
(ii) none of items 89, 90 and 91 applies to the act.
Effect after transition time
(2) After the transition time, the act has effect:
(a) if paragraph ( 1)(a) applies--as if it had been done by the Chief Executive Medicare; or
(b) if paragraph ( 1)(b) applies--as if it had been done in relation to the Chief Executive Medicare.
(3) The Minister may, by legislative instrument, declare that subitem ( 2) does not apply to a specified act.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .
(4) If, at a particular time, the Minister makes a declaration under subitem ( 3) in relation to a specified act, the Minister may at the same time, by legislative instrument, make any of the following declarations:
(a) if paragraph ( 1)(a) applies--that the act has effect, after the transition time, as if it had been done by the Secretary;
(b) if paragraph ( 1)(a) applies--that the act has effect, after the transition time, as if it had been done by the Chief Executive Centrelink;
(c) if paragraph ( 1)(b) applies--that the act has effect, after the transition time, as if it had been done in relation to the Secretary;
(d) if paragraph ( 1)(b) applies--that the act has effect, after the transition time, as if it had been done in relation to the Chief Executive Centrelink.
(5) A declaration made under subitem ( 3) or (4) after the transition time takes effect at the transition time.
(6) A declaration made under subitem ( 3) or (4) before the transition time, in accordance with section 4 of the Acts Interpretation Act 1901 , takes effect at the transition time.
93 Transitional--documents lodged with Medicare Australia
Scope
(1) This item applies to a document that was given to, or lodged with, Medicare Australia before the transition time.
Effect after transition time
(2) After the transition time, the document has effect as if it had been given to, or lodged with, the Department.
(3) The Minister may, by legislative instrument, declare that subitem ( 2) does not apply to a specified document.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .
(4) If, at a particular time, the Minister makes a declaration under subitem ( 3) in relation to a specified document, the Minister may at the same time, by legislative instrument, make either of the following declarations:
(a) that the document has effect, after the transition time, as if it had been given to, or lodged with, the Chief Executive Medicare;
(b) that the document has effect, after the transition time, as if it had been given to, or lodged with, the Chief Executive Centrelink.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .
(5) A declaration made under subitem ( 3) or (4) after the transition time takes effect at the transition time.
(6) A declaration made under subitem ( 3) or (4) before the transition time, in accordance with section 4 of the Acts Interpretation Act 1901 , takes effect at the transition time.
94 Transitional--other acts done in relation to Medicare Australia etc.
Scope
(1) This item applies to an act if:
(a) the act was done in relation to Medicare Australia before the transition time; and
(b) the act is not covered by item 93.
Effect after transition time
(2) After the transition time, the act has effect as if it had been done in relation to the Department.
(3) The Minister may, by legislative instrument, declare that subitem ( 2) does not apply to a specified act.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .
(4) If, at a particular time, the Minister makes a declaration under subitem ( 3) in relation to a specified act, the Minister may at the same time, by legislative instrument, make either of the following declarations:
(a) that the act has effect, after the transition time, as if it had been done in relation to the Chief Executive Medicare;
(b) that the act has effect, after the transition time, as if it had been done in relation to the Chief Executive Centrelink.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .
(5) A declaration made under subitem ( 3) or (4) after the transition time takes effect at the transition time.
(6) A declaration made under subitem ( 3) or (4) before the transition time, in accordance with section 4 of the Acts Interpretation Act 1901 , takes effect at the transition time.
95 Transitional--acts done by employees of Medicare Australia under Commonwealth laws etc.
Scope
(1) This item applies to an act if:
(a) the act was done by an employee of Medicare Australia before the transition time under a law of the Commonwealth; or
(b) the act was done in relation to an employee of Medicare Australia before the transition time under a law of the Commonwealth.
Effect after transition time
(2) After the transition time, the act has effect:
(a) if paragraph ( 1)(a) applies--as if it had been done by a Departmental employee; or
(b) if paragraph ( 1)(b) applies--as if it had been done in relation to a Departmental employee.
(3) The Minister may, by legislative instrument, declare that subitem ( 2) does not apply to a specified act.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .
(4) A declaration made under subitem ( 3) after the transition time takes effect at the transition time.
(5) A declaration made under subitem ( 3) before the transition time, in accordance with section 4 of the Acts Interpretation Act 1901 , takes effect at the transition time.
96 Variation or revocation of instruments etc.
(1) If an act consists of the making of an instrument, this Division does not, by implication, prevent the instrument from being varied, amended or revoked after the transition time.
(2) If an act consists of the making of an agreement, this Division does not, by implication, prevent the agreement from being varied or terminated after the transition time.
96A This Division does not apply to making of lapsed instruments etc.
(1) This Division does not apply to the making of an instrument , agreement or arrangement , before the transition time, under any of the following provisions of the Medicare Australia Act 1973 :
(a) paragraph 5(1)(d);
(b) subsection 7(2);
(ba) section 7A;
(c) section 8;
(d) section 8AA;
(e) Division 2 of Part IIA.
(2) Subitem ( 1) is enacted for the avoidance of doubt.
Division 3--Translation of references in documents
97 Transitional--translation of references in binding non - employment agreements
Scope
(1) This item applies to an agreement if:
(a) the agreement is a binding non - employment agreement; and
(b) the agreement was in force immediately before the transition time.
Effect after transition time
(2) After the transition time, the agreement has effect as if:
(a) a reference (if any) in the agreement to the Commonwealth of Australia represented by the Chief Executive Officer were a reference to the Commonwealth of Australia represented by the Department; and
(b) a reference (if any) in the agreement to the Chief Executive Officer (other than a reference covered by paragraph ( a)) were a reference to the Secretary; and
(c) a reference (if any) in the agreement to Medicare Australia were a reference to the Department.
(3) The Minister may, by legislative instrument, make any of the following declarations:
(a) that paragraph ( 2)(a) does not apply to a specified agreement;
(b) that paragraph ( 2)(b) does not apply to a specified agreement;
(c) that paragraph ( 2)(c) does not apply to a specified agreement.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .
(4) If, at a particular time, the Minister makes a declaration under paragraph ( 3)(b) in relation to a specified agreement, the Minister may at the same time, by legislative instrument, make either of the following declarations:
(a) that the agreement has effect, after the transition time, as if a reference (if any) in the agreement to the Chief Executive Officer (other than a reference covered by paragraph ( 2)(a)) were a reference to the Chief Executive Medicare;
(b) that the agreement has effect, after the transition time, as if a reference (if any) in the agreement to the Chief Executive Officer (other than a reference covered by paragraph ( 2)(a)) were a reference to the Chief Executive Centrelink.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .
(5) A declaration made under subitem ( 3) or (4) after the transition time takes effect at the transition time.
(6) A declaration made under subitem ( 3) or (4) before the transition time, in accordance with section 4 of the Acts Interpretation Act 1901 , takes effect at the transition time.
Agreement may be varied etc.
(7) This item does not, by implication, prevent the agreement from being varied or terminated after the transition time.
98 Transitional--translation of references in non - binding governmental agreements
Scope
(1) This item applies to an agreement if:
(a) the agreement is a non - binding governmental agreement; and
(b) the agreement was in force immediately before the transition time.
Effect after transition time
(2) After the transition time, the agreement has effect as if:
(a) a reference (if any) in the agreement to the Commonwealth of Australia represented by the Chief Executive Officer were a reference to the Commonwealth of Australia represented by the Department; and
(b) a reference (if any) in the agreement to the Chief Executive Officer (other than a reference covered by paragraph ( a)) were a reference to the Chief Executive Medicare; and
(c) a reference (if any) in the agreement to Medicare Australia were a reference to the Department.
(3) The Minister may, by legislative instrument, make any of the following declarations:
(a) that paragraph ( 2)(a) does not apply to a specified agreement;
(b) that paragraph ( 2)(b) does not apply to a specified agreement;
(c) that paragraph ( 2)(c) does not apply to a specified agreement.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .
(4) If, at a particular time, the Minister makes a declaration under paragraph ( 3)(b) in relation to a specified agreement, the Minister may at the same time, by legislative instrument, make either of the following declarations:
(a) that the agreement has effect, after the transition time, as if a reference (if any) in the agreement to the Chief Executive Officer (other than a reference covered by paragraph ( 2)(a)) were a reference to the Secretary;
(b) that the agreement has effect, after the transition time, as if a reference (if any) in the agreement to the Chief Executive Officer (other than a reference covered by paragraph ( 2)(a)) were a reference to the Chief Executive Centrelink.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .
(5) A declaration made under subitem ( 3) or (4) after the transition time takes effect at the transition time.
(6) A declaration made under subitem ( 3) or (4) before the transition time, in accordance with section 4 of the Acts Interpretation Act 1901 , takes effect at the transition time.
Agreement may be varied etc.
(7) This item does not, by implication, prevent the agreement from being varied or terminated after the transition time.
99 Transitional--translation of references in other instruments
Scope
(1) This item applies to an instrument if:
(a) neither item 97 nor item 98 applies to the instrument; and
(b) the instrument was in force immediately before the transition time.
Effect after transition time
(2) After the transition time, the instrument has effect as if:
(a) a reference (if any) in the instrument to the Chief Executive Officer were a reference to the Chief Executive Medicare; and
(b) a reference (if any) in the instrument to Medicare Australia were a reference to the Department.
(3) The Minister may, by legislative instrument, make either of the following declarations:
(a) that paragraph ( 2)(a) does not apply to a specified instrument;
(b) that paragraph ( 2)(b) does not apply to a specified instrument.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .
(4) If, at a particular time, the Minister makes a declaration under paragraph ( 3)(a) in relation to a specified instrument, the Minister may at the same time, by legislative instrument, make either of the following declarations:
(a) that the instrument has effect, after the transition time, as if a reference (if any) in the agreement to the Chief Executive Officer were a reference to the Secretary;
(b) that the instrument has effect, after the transition time, as if a reference (if any) in the agreement to the Chief Executive Officer were a reference to the Chief Executive Centrelink.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .
(5) A declaration made under subitem ( 3) or (4) after the transition time takes effect at the transition time.
(6) A declaration made under subitem ( 3) or (4) before the transition time, in accordance with section 4 of the Acts Interpretation Act 1901 , takes effect at the transition time.
Instrument may be varied etc.
(7) This item does not, by implication, prevent the instrument from being varied, amended, revoked, or terminated after the transition time.
Definition
(8) In this item:
instrument includes:
(a) a contract, deed, undertaking or agreement; and
(b) a notice, authority, order or instruction; and
(c) an instrument made under an Act or under regulations;
but does not include an Act.
99A This Division doe s not apply to lapsed instruments etc.
(1) This Division does not apply to an instrument , agreement or arrangement made before the transition time under any of the following provisions of the Medicare Australia Act 1973 :
(a) paragraph 5(1)(d);
(b) subsection 7(2);
(ba) section 7A;
(c) section 8;
(d) section 8AA;
(e) Division 2 of Part IIA.
(2) Subitem ( 1) is enacted for the avoidance of doubt.
Division 4--Proceedings in courts and tribunals
101 Transitional--proceedings to which the Commonwealth represented by the CEO is a party
Scope
(1) This item applies to proceedings if:
(a) the proceedings are pending in a court or tribunal immediately before the transition time; and
(b) a party to the proceedings is described as the Commonwealth represented by the Chief Executive Officer.
Description of party
(2) After the transition time, the party is to be described as the Commonwealth represented by the Department.
Court or tribunal order
(3) If the court or tribunal considers that it is in the interests of the administration of justice to do so, the court or tribunal may, by order, determine:
(a) that subitem ( 2) does not apply to the proceedings; and
(b) that the party is to be described in a manner specified in the order.
102 Transitional--proceedings to which the CEO or Medicare Australia is a party
Scope
(1) This item applies to proceedings if:
(a) the proceedings are pending in a court or tribunal immediately before the transition time; and
(c) a party to the proceedings is:
(i) the Chief Executive Officer; or
(ii) Medicare Australia.
Substitution of party
(2) If the court or tribunal considers that it is in the interests of the administration of justice to do so, the court of tribunal may, by order, determine that, after the transition time, a person specified in the order is substituted as a party to the proceeding.
103 Transitional--proceedings to which the Commonwealth represented by Medicare Australia is a party
Scope
(1) This item applies to proceedings if:
(a) the proceedings are pending in a court or tribunal immediately before the transition time; and
(b) a party to the proceedings is described as the Commonwealth of Australia represented by Medicare Australia.
Court or tribunal order
(2) If the court or tribunal considers that it is in the interests of the administration of justice to do so, the court or tribunal may, by order, determine that the party is to be described in the manner specified in the order.
104 Other powers of courts and tribunals unaffected
The powers conferred on a court or tribunal under this Division are in addition to, and not instead of, any other powers of the court or tribunal.
105 Transitional--movement of employees from Medicare Australia to the Department
The movement of APS employees from Medicare Australia to the Department is to be in accordance with a determination under section 72 of the Public Service Act 1999 .
106 Transitional--employment agreements and determinations
Transferring employees
(1) For the purposes of this item, a person is a transferring employee if:
(a) the person was an APS employee in Medicare Australia immediately before the transition time; and
(b) the person is covered by a determination that:
(i) is made under section 72 of the Public Service Act 1999 ; and
(ii) causes the person, at the transition time, to become an APS employee in the Department.
(2) If:
(a) a person is a transferring employee (other than an SES employee); and
(b) immediately before the transition time , a designated agreement applied to the person ' s employment in Medicare Australia; and
(c) there is no enterprise agreement that:
(i) commences at the transition time; and
(ii) was made by the Secretary on behalf of the Commonwealth; and
(iii) covers the Commonwealth and the transferring employee in relation to the transferring employee ' s employment in the Department;
then:
(d) the designated agreement (as in force immediately before the transition time):
(i) covers the Commonwealth and the transferring employee in relation to the transferring employee ' s employment in the Department; and
(ii) applies to the transferring employee ' s employment in the Department; and
(e) while the designated agreement covers the Commonwealth and the transferring employee in relation to the transferring employee ' s employment in the Department, no other enterprise agreement, modern award or award - based transitional instrument covers the transferring employee in relation to the transferring employee ' s employment in the Department; and
(f) the designated agreement has effect after the transition time, in relation to the transferring employee ' s employment in the Department, as if it had been made by the Secretary on behalf of the Commonwealth; and
(g) if the transferring employee becomes an SES employee after the transition time-- paragraphs ( d), (e) and (f) cease to apply in relation to the transferring employee; and
(h) if:
(i) an enterprise agreement commences after the transition time; and
(ii) the enterprise agreement was made by the Secretary on behalf of the Commonwealth; and
(iii) apart from paragraphs ( d), (e) and (f), the enterprise agreement covers the Commonwealth and the transferring employee in relation to the transferring employee ' s employment in the Department;
paragraphs ( d), (e) and (f) cease to apply in relation to the transferring employee when the enterprise agreement commences.
(3) If:
(a) a person is a transferring employee; and
(b) immediately before the transition time, an individual agreement - based transitional instrument applied to the person ' s employment in Medicare Australia;
the individual agreement - based transitional instrument has effect after the transition time, in relation to the transferring employee ' s employment in the Department, as if it had been made with the Secretary on behalf of the Commonwealth.
(4) If:
(a) a person is a transferring employee (other than an SES employee); and
(b) immediately before the transition time, an individual agreement - based transitional instrument applied to the person ' s employment in Medicare Australia; and
(c) at a time (the cessation time ) during the period:
(i) beginning at the transition time; and
(ii) ending immediately before the commencement of an enterprise agreement made after the transition time by the Secretary on behalf of the Commonwealth, where (apart from the individual agreement - based transitional instrument) the enterprise agreement covers the Commonwealth and the transferring employee in relation to the transferring employee ' s employment in the Department;
the individual agreement - based transitional instrument ceases to cover the person ' s employment; and
(d) a designated agreement covers the Commonwealth because of subitem ( 2); and
(e) the Secretary, by written notice given to the transferring employee before or within 14 days after the cessation time, determines that the designated agreement is applicable to the transferring employee for the purposes of this subitem from the cessation time;
then:
(f) the designated agreement (as in force immediately before the transition time):
(i) covers the Commonwealth and the transferring employee in relation to the transferring employee ' s employment in the Department; and
(ii) applies to the transferring employee ' s employment in the Department; and
(g) while the designated agreement covers the Commonwealth and the transferring employee in relation to the transferring employee ' s employment in the Department, no other enterprise agreement, modern award or award - based transitional instrument covers the transferring employee in relation to the transferring employee ' s employment in the Department; and
(h) the designated agreement has effect after the cessation time, in relation to the transferring employee ' s employment in the Department, as if it had been made by the Secretary on behalf of the Commonwealth; and
(i) if the transferring employee becomes an SES employee after the cessation time-- paragraphs ( f), (g) and (h) cease to apply in relation to the transferring employee; and
(j) if:
(i) an enterprise agreement commences after the transition time; and
(ii) the enterprise agreement was made by the Secretary on behalf of the Commonwealth; and
(iii) apart from paragraphs ( f), (g) and (h), the enterprise agreement covers the Commonwealth and the transferring employee in relation to the transferring employee ' s employment in the Department;
paragraphs ( f), (g) and (h) cease to apply in relation to the transferring employee when the enterprise agreement commences.
(5) If:
(a) a person is a transferring employee; and
(b) immediately before the transition time, a determination under subsection 24(1) of the Public Service Act 1999 applied to the person ' s employment in Medicare Australia;
then:
(c) the determination (to the extent to which it relates to the transferring employee) has effect after the transition time, in relation to the transferring employee ' s employment in the Department, as if:
(i) the determination had been made by the Secretary; and
(ii) the determination were applicable to the person ' s employment in the Department; and
(d) paragraph ( c) does not prevent the variation or revocation of the determination.
New employees
(6) For the purposes of this item, a person is a new employee if:
(a) the person is an APS employee (other than an SES employee) in the Department; and
(b) the person is not a transferring employee.
(7) If:
(a) a designated agreement covers the Commonwealth because of subitem ( 2); and
(b) after the transition time, a person becomes a new employee; and
(c) the Secretary, by written notice given to the new employee before or within 14 days after the person becomes a new employee , determines that the designated agreement is applicable to the new employee for the purposes of this subitem from the time when the person becomes a new employee ;
then:
(d) the designated agreement (as in force immediately before the transition time):
(i) covers the Commonwealth and the new employee in relation to the new employee ' s employment in the Department; and
(ii) applies to the new employee ' s employment in the Department; and
(e) while the designated agreement covers the Commonwealth and the new employee in relation to the new employee ' s employment in the Department, no other enterprise agreement, modern award or award - based transitional instrument covers the new employee in relation to the new employee ' s employment in the Department; and
(f) the designated agreement has effect after the transition time, in relation to the new employee ' s employment in the Department, as if it had been made by the Secretary on behalf of the Commonwealth; and
(g) if the new employee becomes an SES employee after the transition time-- paragraphs ( d), (e) and (f) cease to apply in relation to the new employee; and
(h) if:
(i) an enterprise agreement commences after the transition time; and
(ii) the enterprise agreement was made by the Secretary on behalf of the Commonwealth; and
(iii) apart from paragraphs ( d), (e) and (f), the enterprise agreement covers the Commonwealth and the new employee in relation to the new employee ' s employment in the Department;
paragraphs ( d), (e) and (f) cease to apply in relation to the new employee when the enterprise agreement commences.
Section 58 of the Fair Work Act 2009
(8) Paragraphs ( 2)(h), (4)(j) and (7)(h) have effect subject to section 58 of the Fair Work Act 2009 .
Delegation
(9) The Secretary may, in writing, delegate the powers conferred by paragraphs ( 4)(e) and (7)(c) to an SES employee in the Department.
Legislative instrument
(10) A determination made under paragraph ( 4)(e) or (7)(c) is not a legislative instrument.
Definitions
(11) In this item:
award - based transitional instrument has the same meaning as in Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
collective agreement - based transitional instrument has the same meaning as in Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
commence , in relation to an enterprise agreement, means begin to operate.
designated agreement means:
(a) the Medicare Australia Collective Agreement 2008 - 2011 ; or
(b) the Medicare Australia (Medical Officers) Collective Agreement 2008 - 2011 ; or
(c) a collective agreement - based transitional instrument.
enterprise agreement has the same meaning as in the Fair Work Act 2009 .
individual agreement - based transitional instrument has the same meaning as in Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
modern award has the same meaning as in the Fair Work Act 2009 .
107 This Division prevails over Divisions 2 and 3
Divisions 2 and 3 have no effect to the extent (if any) to which they are inconsistent with this Division.
108 Transitional--transfer of appropriated money
(1) For the purposes of the operation of an Appropriation Act after the transition time, references to Medicare Australia are to be read as references to the Department.
(2) In this item:
Appropriation Act means an Act appropriating money for expenditure out of the Consolidated Revenue Fund in relation to:
(a) the financial year beginning on 1 July 2010; or
(b) an earlier financial year.
109 Transitional--responsibility for Commonwealth resources
Scope
(1) This item applies to Commonwealth resources if, immediately before the transition time, the Chief Executive Officer was responsible for the resources under the Financial Management and Accountability Act 1997 .
Responsibility
(2) At the transition time, the Secretary assumes responsibility, under the Financial Management and Accountability Act 1997 , for the Commonwealth resources.
110 Transitional--final annual report
(1) Despite the amendments of section 42 of the Medicare Australia Act 1973 made by this Schedule, that section continues to apply, in relation to the report for the financial year beginning on 1 July 2010, as if those amendments had not been made.
(2) However, the obligation to prepare the report and give it to the Minister is imposed on the Secretary instead of the Chief Executive Officer.
111 Transitional--other reporting requirements
Scope
(1) This item applies if, assuming that this Schedule had not been enacted:
(a) the Chief Executive Officer would, after the transition time, be obliged under a law of the Commonwealth to:
(i) prepare a report in relation to Medicare Australia; and
(ii) give the report to another person; and
(b) the report would relate to:
(i) the financial year beginning 1 July 2010; or
(ii) a period that ends on or before 30 June 2011.
Obligation
(2) Despite the amendments made by this Schedule, the obligation to prepare the report, and give it to the other person, continues to apply.
(3) However, the obligation is imposed on the Secretary instead of the Chief Executive Officer.
112 Transitional--transfer of records to the Department
Scope
(1) This item applies to any records or documents that were in possession of the Chief Executive Officer or Medicare Australia immediately before the transition time.
Transfer
(2) The records and documents are, by force of this subitem, transferred to the Department at the transition time.
113 Transitional--subsections 5(10) to (14) of the Human Services (Medicare) Act 1973
(1) For the purposes of subsections 5(10) to (14) of the Human Services (Medicare) Act 1973 as amended by this Sch edule, it is immaterial whether regulations mentioned in subsection 5(10) of that Act were made before, at or after the transition time.
(2) Without limiting their effect apart from this s ubitem, subsections 5(10) to (14 ) of the Human Services (Medicare) Act 1973 as amended by this Schedule also have effect as provided by subitem ( 3).
(3) Subsections 5(10) to (14) of the Human Services (Medicare) Act 1973 as amended by this Schedule also have the effect they would have if the reference in subsection 5(10) of the Human Services (Medicare) Act 1973 as amended by this Schedule to a function prescribed by regulations made for the purposes of paragraph 5 ( 1)(e) of that Act were a reference to a function that the Chief Executive Officer was, before the transition time, directed to perform under paragraph 5(1)(d) of the Medicare Australia Act 1973 .
114 Transitional--amendments of sections 8ZF and 8ZG of the Medicare Australia Act 1973
Despite the repeal of sections 8ZF and 8ZG of the Medicare Australia Act 1973 made by this Schedule, those sections continue to apply, after the transition time, in relation to warrants issued before the transition time, as if that repeal had not happened.
115 Transitional--use or disclosure of information
Section 8RA of the Human Services (Medicare) Act 1973 as amended by this Schedule applies in relation to notices issued under section 8P of that Act after the transition time.
116 Transitional--amendments of section 8ZN of the Medicare Australia Act 1973
(1) Despite the amendments of section 8ZN of the Medicare Australia Act 1973 made by this Schedule, that section continues to apply, after the transition time, in relation to powers exercised under Part IID of the Medicare Australia Act 1973 before the transition time, as if those amendments had not been made.
(2) Section 8ZN of the Human Services (Medicare) Act 1973 as amended by this Schedule applies in relation to powers exercised under Part IID of that Act after the transition time.