Commonwealth Consolidated Acts

HEARING SERVICES ADMINISTRATION ACT 1997 - SECT 5

             (1)  For the purposes of this Act, a person is an eligible person if the person:

                     (a)  has reached the age of 21 years; and

                     (b)  is an Australian citizen or an Australian permanent resident; and

                     (c)  is covered by one of the categories specified in subsection (2).

             (2)  The following categories are specified for the purposes of paragraph (1)(c):

                     (a)  a person who holds a card issued by the Commonwealth and known as a Pensioner Concession Card;

                     (b)  a person who:

                              (i)  holds a card issued by the Commonwealth and known as a Health Care Card; and

                             (ii)  holds that card because the person is in receipt of sickness allowance under the Social Security Act 1991 ;

                     (c)  a person who holds a card issued by the Commonwealth and known as a Repatriation Health Card, where the card is expressed to be issued for all conditions;

                     (d)  a person who, for purposes connected with obtaining treatment for an injury, disease or condition that involves hearing loss, holds a card issued by the Commonwealth and known as a Repatriation Health Card, where the card is expressed to be issued for specific conditions;

                      (f)  a member of the Australian Defence Force;

                     (g)  a person referred to the Minister in connection with the provision of a service under a rehabilitation program under Part III of the Disability Services Act 1986 .

             (3)  The Minister may, by writing, determine that a specified person is an eligible person for the purposes of this Act. The determination has effect accordingly.

Note:          For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .

             (4)  A determination under subsection (3) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .