EXPLANATORY STATEMENT

 

Select Legislative Instrument 2010 No. 69

 

Health Insurance Act 1973

 

Health Insurance (Pathology Review Committee) Repeal Regulations 2010

 

National Health Act 1953

 

National Health (Variation of Benefits) (No. 13) Repeal Regulations 2010

 

Section 133 of the Health Insurance Act 1973 (the HIA) and section 140 of the National Health Act 1953 (the NHA) provide that the Governor-General may make regulations, not inconsistent with the respective Acts, prescribing matters required or permitted by those Acts to be prescribed for carrying out or giving effect to those Acts.

 

The purpose of the Regulations is to repeal two sets of Regulations which no longer have any function or purpose.

 

The Regulations repeal the following Regulations for the reasons provided:

·        Health Insurance (Pathology Review Committee) Regulations – these regulations were made in 1994 in anticipation of the establishment of the Pathology Review Committee, which did not occur. The functions that were to be undertaken by that committee have largely been incorporated into the Pathology Services Table Committee; and

·        National Health (Variation of Benefits) (No. 13) Regulations – these Regulations were made in 1975 but have been superseded by other legislation and are no longer required.

 

The revocation of these Regulations is as a result of the whole of Government review of redundant regulation. The overall purpose of the review is to reduce costs incurred by business in complying with outdated regulatory requirements. Revocation of these regulations gives effect to the Government’s commitment to reduce the impact of poorly designed and ineffective regulation on Australian business.

 

The Acts specify no conditions that need to be satisfied before the power to make the Regulations may be exercised.

 

The Regulations are legislative instruments for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commence on the day after registration on the Federal Register of Legislative Instruments.

 

Consultation

No external consultation was undertaken in the making of these Regulations. The Health Insurance (Pathology Review Committee) Regulations and National Health (Variation of Benefits) (No. 13) Regulations are redundant and no longer have any effect, and their repeal has no impact.