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1998-1999-2000
THE PARLIAMENT OF THE
COMMONWEALTH OF AUSTRALIA
SENATE
SUPPLEMENTARY EXPLANATORY
MEMORANDUM
Amendments to be Moved on Behalf of the
Government
(Circulated by the
authority of the Minister for Health and Aged Care,
the Hon Dr Wooldridge
MP)
ISBN: 0642 436487
HEALTH LEGISLATION AMENDMENT BILL (NO. 4)
1999
OUTLINE
This amendment will amend the Health Legislation Amendment Bill (No.
4) 1999 (the Bill).
The Bill substantially amends Division 4A of Part
IIA of the Act, and related provisions which deal with the Licensed Collection
Centre Scheme in relation to the collection of pathology specimens for Medicare
purposes. The Bill gives effect to new arrangements for approved collection
centres.
The effect of this amendment is to substitute the proposed
commencement date of 1 July 2000 with a commencement date to be fixed by
Proclamation in respect of relevant provisions relating to the new arrangements
for pathology specimen collection centres. The amendment also provides that, in
the absence of a Proclamation, the relevant provisions will commence 6 months
after the date on which the Act receives Royal Assent.
The Bill was
prepared with an expected commencement date of 1 July 2000 and was introduced
into the House of Representatives on 9 December 1999. However, delays arising
from the unexpected need to consult further with the pathologists and the States
mean that the Bill is unlikely to be passed by in time for it to come into force
before 1 July 2000. Even if the Bill is passed before 1 July 2000, there will
be insufficient lead times to implement the new measures.
It is necessary
to amend the commencement date for the relevant provisions because of the
unintended consequences of the provisions having retrospective effect if the
Bill does come into force before 1 July 2000. The retrospectivity of the
legislation to 1 July 2000 will make ineligible some pathology providers that
were eligible to provide Medicare rebatable services under the Licensed
Collection Centre (LCC) Scheme. This is because the new allocation formula for
collection centres may reduce the number of centres some providers may operate
under the new arrangements.
The amendments are required to address this
anomaly and to correct two minor drafting errors.
The amendments to the Bill have no significant financial impact.
NOTES ON CLAUSES
Amendment (1)
The amendment substitutes ‘Subject to
subsection (2A), items’ for the reference to ‘Items’ in Clause
2 and is required for deferring commencement of the collection centre
arrangements from a 1 July 2000 commencement date to a date to be fixed by
Proclamation.
Amendment (2)
The amendment inserts
‘46’ after ‘46A’ in Clause 2. This is consequential on
Amendment (13).
Amendment (3)
The amendment
substitutes ‘a day to be fixed by Proclamation’ for the reference to
‘1 July 2000’ in Clause 2 and is required for deferring commencement
of the collection centre arrangements from a 1 July 2000 commencement date to a
date to be fixed by Proclamation.
Amendment (4)
The
amendment inserts subclause (2A) after subclause (2). Subclause (2A) provides
that ‘If the items referred to in subsection (2) do not commence under
that subsection within the period of 6 months beginning on the day on which this
Act receives the Royal Assent, they commence on the first day after the end of
that period’. This is required for deferring commencement of the
collection centre arrangements from a 1 July 2000 commencement date and to
ensure that, in the absence of a Proclamation, the provisions commence 6 months
after the date of Royal Assent.
Amendment (5)
The amendment
substitutes ‘subsection 3(1)’ for the reference to ‘subsection
6(1)’ in Clause 4(1) and is required to correct a wrong
cross-reference.
Amendment (6)
The amendment substitutes
‘the approved collection centre regime commencement’ for the
reference to ‘1 July 2000’ in Clause 4(3) and is required for
deferring commencement of the collection centre arrangements from a 1 July 2000
commencement date to a date to be fixed by Proclamation.
Amendment
(7)
The amendment substitutes ‘the approved collection centre
regime commencement’ for the first reference to ‘1 July 2000’
in Clause 4(4) and is required for deferring commencement of the collection
centre arrangements from a 1 July 2000 commencement date to a date to be fixed
by Proclamation.
Amendment (8)
The amendment substitutes
‘that commencement’ for the second reference to ‘1 July
2000’ in Clause 4(1) and is required for deferring commencement of the
collection centre arrangements from a 1 July 2000 commencement date to a date to
be fixed by Proclamation.
Amendment (9)
The amendment
substitutes ‘the approved collection centre regime commencement’ for
the first reference to ‘1 July 2000’ in Clause 4(5) and is required
for deferring commencement of the collection centre arrangements from a 1 July
2000 commencement date to a date to be fixed by
Proclamation.
Amendment (10)
The amendment substitutes
‘that commencement’ for the second reference to ‘1 July
2000’ in Clause 4(5) and is required for deferring commencement of the
collection centre arrangements from a 1 July 2000 commencement date to a date to
be fixed by Proclamation.
Amendment (11)
The amendment
substitutes ‘the approved collection centre regime commencement’ for
the reference to ‘1 July 2000’ in Clause 4(6) and is required for
deferring commencement of the collection centre arrangements from a 1 July 2000
commencement date to a date to be fixed by Proclamation.
Amendment
(12)
The amendment inserts a new subclause 4 (2) which defines the
term ‘approved collection centre regime commencement’ referred to in
the amendments to the Bill. This allows for the deferral of the commencement of
the collection centre arrangements from a 1 July 2000 commencement date to a
date to be fixed by Proclamation.
Amendment (13)
The
amendment inserts after clause 46 in Schedule 1 a new clause 46A. Clause 46A
amends paragraph 23DO(2H)(b) of the Health Insurance Act 1973 by omitting
‘licence’ and substituting ‘approval’. This corrects a
minor drafting error.