Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 41, 2019
Compilation No. 1
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
About this compilation
This compilation
This is a compilation of the Treatment Benefits (Special Access) Act 2019 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Simplified outline of this Act
4 Extension to external Territories
5 Definitions
Part 2--Treatment
Division 1--Introduction
6 Simplified outline of this Part
Division 2--Eligibility to be provided with treatment
7 Eligibility
8 Procedures for making claims etc.
9 Claims for eligibility
10 Withdrawal of claims
11 Determination of claims
12 Revocation of determination of eligibility
Division 3--Provision of treatment
13 Provision of treatment
14 Approval of treatment already provided
15 Commission may accept financial responsibility for costs in relation to treatment not arranged by Commission
16 Limits on provision of treatment
17 Treatment at hospitals and other institutions
18 Application and modification of the Treatment Principles
19 Application and modification of the Repatriation Private Patient Principles
20 Application and modification of Repatriation Pharmaceutical Benefits Scheme
Part 3--Travelling expenses
21 Simplified outline of this Part
22 Entitlement to travelling expenses
23 Advances of travelling expenses
24 Claims for travelling expenses
25 Withdrawal of claims
26 Determination of claims
Part 4--Pharmaceutical supplement
27 Simplified outline of this Part
28 Eligibility for pharmaceutical supplement
29 Pharmaceutical supplement not payable in some circumstances
30 Rate of pharmaceutical supplement
31 Payment of pharmaceutical supplement
Part 5--Review of decisions
Division 1--Introduction
32 Simplified outline of this Part
Division 2--Review by Commission
33 Request for review
34 Review by Commission
35 Commission must make written record of review decision and reasons
36 Person who requested review to be notified of decision
37 Withdrawal of request for review
Division 3--Review by Administrative Review Tribunal
38 Review by Administrative Review Tribunal
Part 6--Administration and enforcement
Division 1--Introduction
39 Simplified outline of this Part
Division 2--General
40 Additional functions of Commission
41 Commission not bound by technicalities
42 Delegation
Division 3--Obtaining and giving information etc.
43 Commission may obtain information etc.
44 Failure to comply with a notice
45 Self-incrimination
46 Giving information
Division 4--Offences
47 False or misleading statements or documents relating to treatment
48 Medical service providers causing detriment to others
49 Medical service providers threatening detriment
50 Bribery by medical service providers
51 Practitioners receiving bribes etc.
52 Pathology practitioners making payments to requesting practitioners
53 Pathology practitioners providing pathology services to persons with whom they have arrangements
54 Providing staff to be used in pathology services
55 Counselling statements inadmissible as evidence
Division 5--Recovery of amounts paid because of false or misleading statements
56 Recovery of amounts paid because of false or misleading statements
57 Interest payable on amounts paid because of false or misleading statements
58 Reduction in payments because of previous overpayments
Division 6--Recovery of cost of treatment
59 Recovery of cost of treatment
Division 7--Recovery of overpayments of pharmaceutical supplement
60 Recovery of overpayments of pharmaceutical supplement
Part 7--Miscellaneous
61 Simplified outline of this Part
62 Appropriation
63 Rules
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
41, 2019 | 5 Apr 2019 | 6 Apr 2019 (s 2(1) item 1) | Act No. 42, 2009 (Sch 1 (item 1)) | |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 15 (items 21, 45): 14 Oct 2024 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part 1 |
|
s 3..................... | am No 38, 2024 |
Part 5 |
|
Division 1 |
|
s 32.................... | am No 38, 2024 |
Division 2 |
|
s 36.................... | am No 38, 2024 |
Division 3 |
|
Division 3 heading.......... | am No 38, 2024 |
s 38.................... | am No 38, 2024 |