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This is a Bill, not an Act. For current law, see the Acts databases.

HEALTHCARE IDENTIFIERS (CONSEQUENTIAL AMENDMENTS) BILL 2010

2008-2009-2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Healthcare Identifiers (Consequential
Amendments) Bill 2010
No. , 2010
(Health and Ageing)
A Bill for an Act to deal with consequential matters
in connection with the Healthcare Identifiers Act
2010, and for related purposes
i Healthcare Identifiers (Consequential Amendments) Bill 2010 No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendment of the Health Insurance Act 1973
3
Schedule 2--Amendment of the Privacy Act 1988
4
Part 1--Main amendments
4
Privacy Act 1988
4
Part 2--Amendments contingent on the Personal Property
Securities (Consequential Amendments) Act 2009
6
Privacy Act 1988
6
Healthcare Identifiers (Consequential Amendments) Bill 2010 No. , 2010 1
A Bill for an Act to deal with consequential matters
1
in connection with the Healthcare Identifiers Act
2
2010, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Healthcare Identifiers (Consequential
6
Amendments) Act 2010.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Healthcare Identifiers (Consequential Amendments) Bill 2010 No. , 2010
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
At the same time as the Healthcare
Identifiers Act 2010 commences.
3. Schedule 2,
Part 1
At the same time as the Healthcare
Identifiers Act 2010 commences.
4. Schedule 2,
Part 2
The later of:
(a) immediately after the commencement of
item 26 of Schedule 5 to the Personal
Property Securities (Consequential
Amendments) Act 2009; and
(b) immediately after the commencement of
the Healthcare Identifiers Act 2010.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendment of the Health Insurance Act 1973 Schedule 1
Healthcare Identifiers (Consequential Amendments) Bill 2010 No. , 2010 3
Schedule 1--Amendment of the Health
1
Insurance Act 1973
2
3
1 Subsection 131(1)
4
After "this Act", insert "or the Healthcare Identifiers Act 2010".
5
6
Schedule 2 Amendment of the Privacy Act 1988
Part 1 Main amendments
4 Healthcare Identifiers (Consequential Amendments) Bill 2010 No. , 2010
Schedule 2--Amendment of the Privacy Act
1
1988
2
Part 1--Main amendments
3
Privacy Act 1988
4
1 Section 6(1) (at the end of the definition of agency)
5
Add:
6
; or (l) the service operator under the Healthcare Identifiers Act
7
2010.
8
2 Subsection 6(1)
9
Insert:
10
healthcare identifier has the meaning given by the Healthcare
11
Identifiers Act 2010.
12
3 Subsection 6(1)
13
Insert:
14
healthcare identifier offence means:
15
(a) an offence against section 26 of the Healthcare Identifiers
16
Act 2010; or
17
(b) an offence against section 6 of the Crimes Act 1914 that
18
relates to an offence mentioned in paragraph (a) of this
19
definition.
20
Note:
For ancillary offences, see section 11.6 of the Criminal Code.
21
4 At the end of section 13
22
Add:
23
Note:
A contravention of the Healthcare Identifiers Act 2010, or of
24
regulations made under that Act, is an interference with the privacy of
25
an individual and is covered by this section (see subsection 29(1) of
26
that Act).
27
5 After section 27
28
Insert:
29
Amendment of the Privacy Act 1988 Schedule 2
Main amendments Part 1
Healthcare Identifiers (Consequential Amendments) Bill 2010 No. , 2010 5
27A Functions of Commissioner in relation to healthcare identifiers
1
(1) In addition to the functions under sections 27, 28 and 28A, the
2
Commissioner has the following functions in relation to healthcare
3
identifiers:
4
(a) to investigate an act or practice that may be an interference
5
with the privacy of an individual under subsection 29(1) of
6
the Healthcare Identifiers Act 2010 and, if the Commissioner
7
considers it appropriate to do so, to attempt by conciliation,
8
to effect a settlement of the matters that gave rise to the
9
investigation;
10
(b) to do anything incidental or conducive to the performance of
11
that function.
12
(2) The Commissioner has power to do all things that are necessary or
13
convenient to be done for or in connection with the performance of
14
his or her functions under subsection (1).
15
(3) Section 38 (severability) of the Healthcare Identifiers Act 2010
16
applies to this section in the same way as it applies to Parts 3 and 4
17
of that Act.
18
6 Subsections 28(1) and 28A(1)
19
After "sections 27", insert ", 27A".
20
7 Paragraph 49(1)(a)
21
After "tax file number offence", insert ", a healthcare identifier
22
offence".
23
24
Schedule 2 Amendment of the Privacy Act 1988
Part 2 Amendments contingent on the Personal Property Securities (Consequential
Amendments) Act 2009
6 Healthcare Identifiers (Consequential Amendments) Bill 2010 No. , 2010
Part 2--Amendments contingent on the Personal
1
Property Securities (Consequential
2
Amendments) Act 2009
3
Privacy Act 1988
4
8 Section 13 (note) (the note added by item 4 of this
5
Schedule)
6
After "Note", insert "1".
7
9 Section 13 (note) (the note added by item 26 of Schedule 5
8
to the Personal Property Securities (Consequential
9
Amendments) Act 2009)
10
After "Note", insert "2".
11
10 Subsection 27A(1)
12
Omit "and 28A", substitute ", 28A and 28B".
13
11 Subsection 28B(1)
14
After "sections 27", insert ", 27A".
15

 

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