Commonwealth Numbered Regulations - Explanatory Statements

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HEALTH INSURANCE AMENDMENT REGULATIONS 2001 (NO. 2) 2001 NO. 273

STATUTORY RULES 2001 No. 273

Issued by authority of the Minister for Health and Aged Care

Health Insurance Act 1973

Health Insurance Amendment Regulations 2001 (No. 2)

The Health Insurance Act 1973 (the Act) provides for payments by way of Medicare benefits and payments for hospital services. Until recently the Act also provided for identification of "disadvantaged persons" who were thereby entitled to concessional beneficiary status for pharmaceutical benefits under Part VII of the National Health Act 1953.

Section 133 of the Act provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Section 5B of the Act was repealed by the Social Security Amendment (Concession Cards) Act 2001, with effect from 1 July 2001. Section 5B of the Act provided for a person on a low income to be declared a "disadvantaged person". Regulation 7 prescribed the method of ascertaining the income of the person for this purpose.

Section 5B of the Act has been replaced by new provisions in the Social Security Act 1991 setting out qualifications for persons on low incomes to receive health care cards.

The purpose of the Regulations is to repeal Regulation 7, which, following the repeal of section 5B, no longer has any effect.

Details of the Regulations are set out in the Attachment.

The Regulations commenced on the date of gazettal.

ATTACHMENT

Details of the proposed Health Insurance Amendment Regulations 2001 (No. 2)

Proposed Regulation 1 provides for the proposed Regulation to be referred to as the Health Insurance Amendment Regulations 2001 (No. 2).

Proposed Regulation 2 provides for the proposed Regulations to commence on gazettal.

Proposed Regulation 3 provides for the repeal of Regulation 7 of the Health Insurance Regulations 1975.