Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Schedule 2 (after table item 9)
Insert:
9A |
2 Schedule 2 (table item 10)
Repeal the item.
A New Tax System (Goods and Services Tax) Act 1999
2A Section 195 - 1 (at the end of the definition of hospital treatment )
Add "(as in force immediately before the commencement of the Private Health Insurance Act 2007 )".
3 Section 195 - 1 (definition of private health insurance )
Repeal the definition, substitute:
"private health insurance" means insurance provided under a contract of insurance that was entered into by a private health insurer (within the meaning of the Private Health Insurance Act 2007 ) in the course of carrying on health insurance business (within the meaning of Division 121 of that Act).
A New Tax System (Medicare Levy Surcharge--Fringe Benefits) Act 1999
4 Subsections 4(1) to (3)
Repeal the subsections, substitute:
(1) For the purposes of this Act, a person is covered by an insurance policy that provides private patient hospital cover if:
(a) the policy is a complying health insurance policy (within the meaning of the Private Health Insurance Act 2007 ) that covers hospital treatment (within the meaning of that Act); and
(b) any excess payable in respect of benefits under the policy is no more than:
(i) $500 in any 12 month period, in relation to a policy under which only one person is insured; and
(ii) $1,000 in any 12 month period, in relation to any other policy.
(2) Paragraph (1)(b) does not apply in relation to an insurance policy under which a person has been insured continuously since the end of 24 May 2000, as long as the amount of any excess payable under the policy has not increased since that time.
5 Paragraph 4(4)(a)
Omit "applies", substitute "applied immediately before the commencement of the Private Health Insurance Act 2007 ".
6 Paragraph 4(4)(b)
Repeal the paragraph, substitute:
(b) in a case where the person referred to in paragraph (a) had been, immediately before that commencement, a registered organization within the meaning of the National Health Act 1953 --the policy would have been, immediately before that commencement, an applicable benefits arrangement, within the meaning of section 5A of that Act, to which paragraph 5A(1)(a) of that Act would apply.
7 Paragraph 4(5)(b)
Repeal the paragraph, substitute:
(b) any excess payable in respect of benefits under the policy is more than:
(i) $500 in any 12 month period, in relation to a policy under which only one person is insured; and
(ii) $1,000 in any 12 month period, in relation to any other policy.
8 Subsection 4(6)
Repeal the subsection (including the example).
Australian Securities and Investments Commission Act 2001
8A Paragraphs 12BAA(7)(d) and (8)(b)
Omit "subsection 67(4) of the National Health Act 1953 ", substitute "Division 121 of the Private Health Insurance Act 2007 ".
8B Paragraph 765A(1)(c)
Omit "subsection 67(4) of the National Health Act 1953 ", substitute "Division 121 of the Private Health Insurance Act 2007 ".
Education Services for Overseas Students Act 2000
9 Paragraph 7(2)(b)
Omit "registered health benefits organization (within the meaning of the National Health Act 1953 )", substitute "private health insurer (within the meaning of the Private Health Insurance Act 2007 )".
Financial Sector (Collection of Data) Act 2001
10 Paragraph 7(2)(d)
Repeal the paragraph, substitute:
(d) the corporation is a private health insurer within the meaning of the Private Health Insurance Act 2007 ; or
Financial Transaction Reports Act 1988
11 Subsection 3(1) (paragraph (a) of the definition of insurance business )
Repeal the paragraph, substitute:
(a) health insurance business within the meaning of Division 121 of the Private Health Insurance Act 2007 carried on by a private health insurer within the meaning of that Act; or
Freedom of Information Act 1982
12 Schedule 3
Insert in its appropriate alphabetical position, determined on a letter - by - letter basis:
Private Health Insurance Act 2007 , sections 323 - 1 and 323 - 40 |
13 Subsection 3(1)
Insert:
"complying health insurance policy" has the meaning given by section 63 - 10 of the Private Health Insurance Act 2007 .
14 Subsection 3(1) (definition of hospital )
Repeal the definition, substitute:
"hospital" has the meaning given by subsection 121 - 5(5) of the Private Health Insurance Act 2007 .
15 Subsection 3(1)
Insert:
"hospital service" means a health service of a kind provided in a hospital and includes:
(a) accommodation in a hospital for the purposes of receiving treatment; and
(b) nursing care and treatment; and
(c) medical care and treatment including diagnostic services; and
(d) outpatient, accident and emergency services.
16 Subsection 3(1)
Insert:
"hospital-substitute treatment" has the same meaning as in the Private Health Insurance Act 2007 .
17 Subsection 3(1) (definition of hospital treatment )
Repeal the definition, substitute:
"hospital treatment" has the meaning given by section 121 - 5 of the Private Health Insurance Act 2007 .
18 Subsection 3(1) (definition of nursing - home type patient )
Repeal the definition, substitute:
"nursing-home type patient" , in relation to a hospital, means a patient in the hospital who has been provided with accommodation and nursing care, as an end in itself, for a continuous period exceeding 35 days.
19 Savings provision relating to nursing - home type patients
Despite any amendment made by this Schedule, a person who was, immediately before the commencement of this item, a nursing - home type patient within the meaning of the Health Insurance Act 1973 is taken, after that commencement, to continue to be a nursing - home type patient within the meaning of that Act.
20 Subsection 3(1) (paragraph (b) of the definition of patient contribution )
Omit "(other than a State referred to in paragraph (a))".
21 Subsection 3(1)
Insert:
"private health insurer" has the same meaning as in the Private Health Insurance Act 2007 .
22 Subsection 3(1) (definition of private hospital )
Repeal the definition, substitute:
"private hospital" means a hospital in respect of which there is in force a statement under subsection 121 - 5(8) of the Private Health Insurance Act 2007 that the hospital is a private hospital.
23 Subsection 3(1)
Insert:
"public hospital service" means a hospital service provided in:
(a) a recognised hospital; or
(b) a hospital in respect of which the Commonwealth, or a State, provides funding for the provision of hospital services to public patients.
24 Subsection 3(1) (definition of recognized hospital )
Repeal the definition, substitute:
"recognised hospital" means a hospital in respect of which there is in force a statement under subsection 121 - 5(8) of the Private Health Insurance Act 2007 that the hospital is a public hospital.
25 Subsection 3(1A) (note)
Repeal the note.
26 Subsections 3(1B), (11) and (12)
Repeal the subsections.
27 Paragraph 10(2)(a)
Repeal the paragraph, substitute:
(a) in the case of a service provided:
(i) as part of an episode of hospital treatment; or
(ii) as part of an episode of hospital - substitute treatment in respect of which the person to whom the treatment is provided chooses to receive a benefit from a private health insurer;
an amount equal to 75% of the Schedule fee; or
28 Subsection 10AC(1) (definition of relevant service )
Omit "a service of the kind referred to in subparagraph (a)(ii) and paragraph (b) of the definition of applicable benefits arrangement in subsection 5A(1) of the National Health Act 1953 ", substitute "a service rendered to a person while hospital treatment, or hospital - substitute treatment in respect of which the person chooses to receive a benefit from a private health insurer, is provided to the person".
29 Subsection 10ACA(1) (definition of relevant service )
Omit "a service of the kind referred to in subparagraph (a)(ii) and paragraph (b) of the definition of applicable benefits arrangement in subsection 5A(1) of the National Health Act 1953 ", substitute "a service rendered to a person while hospital treatment, or hospital - substitute treatment in respect of which the person chooses to receive a benefit from a private health insurer, is provided to the person".
30 Paragraph 14(2)(a)
Omit "a medical purchaser - provider agreement", substitute "an agreement between a private health insurer and another person".
31 Subparagraphs 16A(5AA)(d)(iv) and (e)(i)
Omit ", or a day hospital facility,".
32 Subsections 20A(2A) to (2D)
Repeal the subsections, substitute:
(2A) If:
(a) a medicare benefit would, apart from this section, be payable to an eligible person in respect of a professional service rendered to the eligible person or another person while hospital treatment or hospital - substitute treatment is provided to the eligible person or other person; and
(b) the eligible person has entered into a complying health insurance policy with a private health insurer under which he or she is covered (wholly or partly) for liability to pay fees and charges in respect of that professional service;
the eligible person and the insurer, an approved billing agent or another person may enter into an agreement, in accordance with the approved form, under which the eligible person assigns his or her right to the payment of the medicare benefit to the insurer, approved billing agent or other person.
33 Paragraph 20B(2)(b)
Omit "6 months", substitute "2 years".
34 Subsection 20B(3A)
Omit "or the period of 6 months referred to in paragraph (2)(b), as the case may be", substitute "or (2)(b)".
35 Section 39 (definition of eligible person )
Omit "contributor to an applicable benefits arrangement", substitute "holder (within the meaning of the Private Health Insurance Act 2007 ) of a complying health insurance policy that covers hospital treatment or hospital - substitute treatment".
36 Subsection 124W(1) (subparagraph (a)(i) of the definition of quality assurance activity )
Omit "Part II, III or IV", substitute "Part II or IV".
37 Subsection 126(5A)
Repeal the subsection, substitute:
(5A) This section does not apply in relation to a contract of insurance entered into by a private health insurer in so far as the contract is a complying health insurance policy that covers hospital treatment or hospital - substitute treatment.
38 Subsection 126(7)
Insert:
"cover" has the meaning given by section 69 - 5 of the Private Health Insurance Act 2007 .
39 Subsection 128C(1)
Omit "(1)".
40 Subsection 128C(2)
Repeal the subsection (not including the penalty).
41 At the end of section 128C
Add:
Note: For public hospital service see subsection 3(1).
42 Subsection 129AA(1A)
Omit "registered organization", substitute "private health insurer".
43 Subsection 129AA(1B)
Omit "registered organization", substitute "private health insurer".
44 Subsection 129AA(5A)
Repeal the subsection, substitute:
(5A) If a person is convicted of an offence against this section by virtue of subsection (1A) or (1B) in relation to the admission of a person as a patient in a hospital, the court may, in addition to imposing a penalty in respect of the offence, order the person to pay a private health insurer an amount equal to the sum of any benefits paid by the insurer in respect of that patient.
45 Paragraph 130(6)(f)
Omit "registered organization", substitute "private health insurer".
46 Paragraph 130(7)(d)
Omit "registered organization" (wherever occurring), substitute "private health insurer".
47 Paragraph 130(7)(d)
Omit "registered organizations", substitute "private health insurers".
48 Paragraph 130(7)(h)
Omit "registered organization", substitute "private health insurer".
49 Paragraph 130(9)(d)
Omit "registered organization", substitute "private health insurer".
50 Paragraph 130(9)(d)
Omit "the organization", substitute "the insurer".
Hearing Services Administration Act 1997
51 Paragraph 5(2)(e)
Repeal the paragraph.
Income Tax Assessment Act 1997
52 Section 50 - 30 (cell at table item 6.3, column headed "Exempt entity")
Repeal the cell, substitute:
private health insurer within the meaning of the Private Health Insurance Act 2007 |
53 Subsection 3(1) (paragraph (k) of the definition of insurance business )
Repeal the paragraph, substitute:
(k) health insurance business within the meaning of Division 121 of the Private Health Insurance Act 2007 carried on by a private health insurer within the meaning of that Act.
54 Paragraph 9(1)(b)
Repeal the paragraph, substitute:
(b) of insurance entered into, or proposed to be entered into, by a private health insurer within the meaning of the Private Health Insurance Act 2007 in respect of its health insurance business within the meaning of Division 121 of that Act; or
55 Subsection 16ZB(2) (note)
Omit " National Health Act 1953 ", substitute " Private Health Insurance Act 2007 ".
56 Schedule (definition of health insurance business )
Omit "section 67 of the National Health Act 1953 ", substitute "Division 121 of the Private Health Insurance Act 2007 ".
Medibank Private Sale Act 2006
57 Item 1 of Schedule 2 (definition of contributor )
Repeal the definition, substitute:
contributor , in relation to a health benefits fund:
(a) has the same meaning as it had in the National Health Act 1953 immediately before the commencement of the Private Health Insurance Act 2007 ; or
(b) if the rules of the registered health benefits organization conducting the fund do not provide for who are the contributors to the fund--means a policy holder of the fund within the meaning of the Private Health Insurance Act 2007 .
58 Item 1 of Schedule 2 (definition of registered health benefits organization )
Repeal the definition, substitute:
registered health benefits organization has the same meaning as it had in the National Health Act 1953 immediately before the commencement of the Private Health Insurance Act 2007 .
59 Item 1 of Schedule 2 (definition of rules )
Repeal the definition, substitute:
rules :
(a) in relation to a registered health benefits organization, has the same meaning as it had in the National Health Act 1953 immediately before the commencement of the Private Health Insurance Act 2007 ; and
(b) if Medibank Private's rules have been modified as provided for in paragraph 5(6)(k), means, in relation to Medibank Private, those rules as so modified.
60 After paragraph 9(7)(b) of Schedule 2
Insert:
(ba) a provision of the Private Health Insurance Act 2007 ; or
61 Subitem 10(8) of Schedule 2
Omit "section 73AAC or 73AAD of the National Health Act 1953 ", substitute "section 137 - 10 of the Private Health Insurance Act 2007 ".
62 After paragraph 12(5)(b) of Schedule 2
Insert:
(ba) a provision of the Private Health Insurance Act 2007 ; or
63 At the end of subitem 14(1) of Schedule 2
Add:
; or (d) a provision of the Private Health Insurance Act 2007 .
64 At the end of subitem 14(2) of Schedule 2
Add:
; or (d) a provision of the Private Health Insurance Act 2007 .
65 After paragraph 15(3)(b) of Schedule 2
Insert:
(ba) a provision of the Private Health Insurance Act 2007 ; or
66 Subitem 16(2) of Schedule 2
Omit "section 73AAC or 73AAD of the National Health Act 1953 ", substitute "section 137 - 10 of the Private Health Insurance Act 2007 ".
67 Subitem 20(10) of Schedule 2
Omit "section 78 of the National Health Act 1953 ", substitute "section 169 - 10 of the Private Health Insurance Act 2007 ".
68 After subparagraph 20(11)(c)(ii) of Schedule 2
Insert:
(iia) a provision of the Private Health Insurance Act 2007 ; or
69 Subitem 21(2) of Schedule 2
Omit "section 73AAC or 73AAD of the National Health Act 1953 ", substitute "section 137 - 10 of the Private Health Insurance Act 2007 ".
70 After paragraph 22(3)(b) of Schedule 2
Insert:
(ba) a provision of the Private Health Insurance Act 2007 ; or
71 Subitem 23(2) of Schedule 2
Omit "section 73AAC or 73AAD of the National Health Act 1953 ", substitute "section 137 - 10 of the Private Health Insurance Act 2007 ".
72 Subitem 57(1) and (3) of Schedule 2
Omit "section 73AAD of the National Health Act 1953 ", substitute "section 137 - 10 of the Private Health Insurance Act 2007 ".
73 Subitem 58(8) of Schedule 2
Omit "section 73AAC or 73AAD of the National Health Act 1953 ", substitute "section 137 - 10 of the Private Health Insurance Act 2007 ".
74 At the end of paragraph 77(2)(c)
Add:
; or (v) the Private Health Insurance Act 2007 .
75 Subsections 3(5) to (5B)
Repeal the subsections, substitute:
(5) For the purposes of this Act, a person is covered by an insurance policy that provides private patient hospital cover if:
(a) the policy is a complying health insurance policy (within the meaning of the Private Health Insurance Act 2007 ) that covers hospital treatment (within the meaning of that Act); and
(b) any excess payable in respect of benefits under the policy is no more than:
(i) $500 in any 12 month period, in relation to a policy under which only one person is insured; and
(ii) $1,000 in any 12 month period, in relation to any other policy.
(5A) Paragraph (5)(b) does not apply in relation to an insurance policy under which a person has been insured continuously since the end of 24 May 2000, as long as the amount of any excess payable under the policy has not increased since that time.
76 Paragraph 3(6)(a)
Omit "applies", substitute "applied immediately before the commencement of the Private Health Insurance Act 2007 ".
77 Paragraph 3(6)(b)
Repeal the paragraph, substitute:
(b) in a case where the person referred to in paragraph (a) had been, immediately before that commencement, a registered organization within the meaning of the National Health Act 1953 --the policy would have been, immediately before that commencement, an applicable benefits arrangement, within the meaning of section 5A of that Act, to which paragraph 5A(1)(a) of that Act would apply.
78 Paragraph 3(7)(b)
Repeal the paragraph, substitute:
(b) any excess payable in respect of benefits under the policy is more than:
(i) $500 in any 12 month period, in relation to a policy under which only one person is insured; and
(ii) $1,000 in any 12 month period, in relation to any other policy.
79 Subsection 3(8)
Repeal the subsection (including the example).
National Blood Authority Act 2003
80 Paragraph 10(3)(a)
Omit "section 23E of".
81 Subsection 4(1)
Insert:
"complying health insurance policy" has the meaning given by section 63 - 10 of the Private Health Insurance Act 2007 .
82 Subsection 4(1)
Insert:
"hospital" has the meaning given by subsection 121 - 5(5) of the Private Health Insurance Act 2007 .
83 Subsection 4(1)
Insert:
"hospital-substitute treatment" has the same meaning as in the Private Health Insurance Act 2007 .
84 Subsection 4(1)
Insert:
"hospital treatment" has the meaning given by section 121 - 5 of the Private Health Insurance Act 2007 .
85 Subsection 4(1)
Insert:
"private health insurer" has the same meaning as in the Private Health Insurance Act 2007 .
86 Subsection 4(1)
Insert:
"public hospital" means a hospital in respect of which there is in force a statement under subsection 121 - 5(8) of the Private Health Insurance Act 2007 that the hospital is a public hospital.
87 Subsection 4(1)
Insert:
"public hospital authority" means the governing body of a public hospital.
88 Subsection 4(1) (definition of rules )
Repeal the definition, substitute:
"rules" , in relation to a private health insurer, has the same meaning as in the Private Health Insurance Act 2007 .
89 Subsection 50(1)
Omit "registered organization", substitute "private health insurer".
90 Subsection 50(4)
Omit "registered hospital benefits organization", substitute "private health insurer".
91 Subsection 84(1) (definition of public hospital )
Repeal the definition.
92 Subsection 84(1) (definition of public hospital authority )
Repeal the definition.
93 Paragraph 84AAA(1)(c)
Omit "(within the meaning of the Health Insurance Act 1973 ) or a day hospital facility".
94 Subsection 84AAA(1) (note)
Omit " day hospital facility ", substitute " hospital ".
95 Subsection 92B(2)
Repeal the subsection, substitute:
(2) This section does not prevent a private health insurer from entering into a complying health insurance policy under which the insurer covers the cost of pharmaceutical benefits dispensed to a person as part of an episode of hospital treatment or hospital - substitute treatment covered by the policy.
96 Subsection 135A(5)
Omit "or organization", substitute "or private health insurer".
97 Paragraph 135A(6)(j)
Omit "registered organization", substitute "private health insurer".
98 Paragraph 135A(7)(f)
Omit "registered organization" (wherever occurring), substitute "private health insurer".
99 Paragraph 135A(7)(f)
Omit "registered organizations", substitute "private health insurers".
100 Paragraph 135A(7)(m)
Omit "registered organization", substitute "private health insurer".
101 Paragraph 135A(9)(d)
Omit "registered organization", substitute "private health insurer".
102 Paragraph 135A(9)(d)
Omit "the organization", substitute "the insurer".
103 Subsection 140(1)
Omit "(1)".
Veterans' Entitlements Act 1986
104 Subsection 93A(1)
Repeal the subsection, substitute:
(1) In this section:
"contributor" , in relation to a private health insurer, means a person who is a holder (within the meaning of the Private Health Insurance Act 2007 ) of a complying health insurance policy (within the meaning of section 63 - 10 of that Act) entered into with the insurer.
"private health insurer" has the same meaning as in the Private Health Insurance Act 2007 .
105 Paragraph 93A(2)(b)
Omit "registered organisation", substitute "private health insurer".
106 Paragraph 93A(3)(b)
Omit "registered organisation", substitute "private health insurer".
107 Subsection 93A(3)
Omit "the registered organisation" (wherever occurring), substitute "the insurer".
108 Subsection 93A(4)
Omit "registered organisation", substitute "private health insurer".