Commonwealth Numbered Acts

HEALTH INSURANCE AMENDMENT (INAPPROPRIATE AND PROHIBITED PRACTICES AND OTHER MEASURES) ACT 2007 (NO. 88, 2007) - SCHEDULE 2

Part 1 -- Amendment of the Health Insurance Act 1973

1  Subsection 16A(4)

Repeal the subsection, substitute:

             (4)  A request to or by an approved pathology practitioner for a pathology service is not effective for the purposes of subsection (3) unless:

                     (a)  the request is:

                              (i)  made in writing; or

                             (ii)  if made otherwise than in writing--confirmed in writing within the period of 14 days commencing on the day on which the request is made; and

                     (b)  the request is made in accordance with the regulations (if any).

Part 2 -- Provisions dealing with the effect of the Health Insurance (Pathology Services) Regulations 1989

2  Definitions

In this Part:

amend includes repeal.

original Regulations means the Health Insurance (Pathology Services) Regulations 1989 purportedly made by Statutory Rules 1989, No. 75.

3  Effect of the original Regulations before the commencement of this Schedule

(1)        Subject to subitem (2), the rights and liabilities of all persons are, by force of this item, declared to be, and always to have been, the same as if:

                     (a)  the amendment made by item 1 of this Schedule had been in force during the period:

                              (i)  starting immediately before the time when the original Regulations purported to commence; and

                             (ii)  ending on the commencement of this item; and

                     (b)  regulations had been in force during that period that were in the same terms as the original Regulations, as purportedly amended from time to time during that period.

(2)        This item does not affect the rights and liabilities arising between parties to a proceeding heard and finally determined by a court before the commencement of this Schedule, to the extent that those rights and liabilities arose from, or were affected by, the original Regulations (as purportedly amended as mentioned in paragraph (1)(b)).

4  Effect of the Health Insurance (Pathology Services) Regulations 1989 on and after the commencement of this Schedule

(1)        The original Regulations, as purportedly in force up to the commencement of this item, have effect on and after that commencement as if the amendment made by item 1 of this Schedule had been in force during the period:

                     (a)  starting immediately before the time when the original Regulations purported to commence; and

                     (b)  ending on the commencement of this item.

(2)        Regulations made under section 133 of the Health Insurance Act 1973 may deal with matters of a transitional, application or saving nature relating to the fact that the original Regulations (as purportedly in force as mentioned in subitem (1)) are taken to have effect as provided in subitem (1).

[ Minister's second reading speech made in--

House of Representatives on 29 March 2007

Senate on 10 May 2007 ]