1Short title
This Act may be cited as the Human Services (Medicare) Act 1973.
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This Act may be cited as the Human Services (Medicare) Act 1973.
This Act shall come into operation on the day on which it receives the Royal Assent.
In this Act, unless the contrary intention appears:
Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
authorised officer, in relation to a provision of this Act, means the Chief Executive Medicare or a Departmental employee who is appointed by the Chief Executive Medicare under section 8M to be an authorised officer for the purposes of that provision.
benefit includes:
a pension, allowance, concession or payment; and
a card entitling its holder to a concession or a payment of any kind.
Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997.
Chief Executive Medicare means the Chief Executive Medicare referred to in section 4.
constable means a member or special member of the Australian Federal Police or a member of the police force or police service of a State or Territory.
data includes:
information in any form; and
any program (or part of a program).
data held in a computer includes:
data held in any removable data storage device for the time being held in a computer; or
data held in a data storage device on a computer network of which the computer forms a part.
data storage device means a thing containing, or designed to contain, data for use by a computer.
dental benefit has the same meaning as in the Dental Benefits Act 2008.
Departmental employee means:
unless paragraph (b) applies—an APS employee in Services Australia; or
if a Minister other than a Minister administering the Human Services (Centrelink) Act 1997 administers this provision in relation to a matter—in relation to the matter, an APS employee in the Department that:
is administered by that other Minister; and
deals with the matter.
APS employee is defined in the Acts Interpretation Act 1901.
evidential material means a thing relevant to a relevant offence or relevant civil contravention, including such a thing in an electronic form.
function includes power.
medicare benefit means a medicare benefit under Part II of the Health Insurance Act 1973.
medicare functions, in relation to the Chief Executive Medicare, has the meaning given by section 6.
medicare program has the meaning given by section 41G.
occupier, in relation to premises comprising a vessel, vehicle or aircraft, means the person apparently in charge of the vessel, vehicle or aircraft.
officer assisting, in relation to a warrant under Division 4 of Part IID, means:
a person who is a Departmental employee and who is assisting in executing the warrant; or
a person who is not a Departmental employee and who has been authorised by the relevant authorised officer to assist in executing the warrant.
perform includes exercise.
pharmaceutical benefit means a pharmaceutical benefit as defined in Part VII of the National Health Act 1953.
premises includes a place and a conveyance.
relevant civil contravention has the same meaning as in subsection 124B(1) of the Health Insurance Act 1973.
relevant offence is defined in section 3A.
Secretary means the Chief Executive Officer of Services Australia.
seize includes secure against interference.
service delivery functions, in relation to the Chief Executive Medicare, has the meaning given by section 7.
thing includes a substance.
warrant premises means premises in relation to which a warrant under Division 4 of Part IID is in force.
For the purposes of this Act, a relevant offence is any of the following:
an offence against the Health Insurance Act 1973;
an offence against the National Health Act 1953;
an offence against the Health and Other Services (Compensation) Act 1995;
an offence against the Medical Indemnity Act 2002;
an offence against the Dental Benefits Act 2008;
an offence against the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010;
an offence against Division 134, 135, 136, 137, 141, 142, 144, 145, 372 or 400 of the Criminal Code, that relates to:
a claim for payment in respect of a professional service, dental service or supply or purported supply of pharmaceutical benefits; or
an indemnity scheme payment; or
a Commonwealth contribution (within the meaning of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010);
an offence against section 6 of the Crimes Act 1914, or section 11.1, 11.2, 11.2A, 11.3, 11.4 or 11.5 of the Criminal Code, that relates to an offence mentioned in another paragraph of this subsection.
In this section:
dental service has the same meaning as in the Dental Benefits Act 2008.
indemnity scheme payment has the same meaning as in the Medical Indemnity Act 2002.
professional service has the same meaning as in the Health Insurance Act 1973.
This Act extends to Norfolk Island.
There is to be a Chief Executive Medicare.
The Chief Executive Medicare is to be:
the Chief Executive Officer of Services Australia; or
if that position ceases to exist—a person appointed as the Chief Executive Medicare by the Governor‑General by written instrument.
The acting Chief Executive Officer of Services Australia is to act as the Chief Executive Medicare:
during a vacancy in the position of Chief Executive Medicare (whether or not an appointment has previously been made to the position); or
during any period, or during all periods, when the Chief Executive Medicare:
is absent from duty or from Australia; or
is, for any reason, unable to perform the duties of the position.
For rules that apply to persons acting as the Chief Executive Medicare, see section 33A of the Acts Interpretation Act 1901.
However, if the position of Chief Executive Officer of Services Australia has ceased to exist, the Secretary of the Department may, in writing, appoint a person to act as the Chief Executive Medicare for the purposes of subsection (1).
Functions—general
The Chief Executive Medicare has the following functions:
the medicare functions mentioned in section 6;
the service delivery functions mentioned in section 7;
any functions conferred on the Chief Executive Medicare under any other Act;
any functions that are prescribed by the regulations;
to do anything incidental to or conducive to the performance of any of the above functions.
Parallel function
A function prescribed by regulations made for the purposes of paragraph (1)(e) may be a specified function that another person (the primary person) has under a law of the Commonwealth.
When the specified function is performed by the Chief Executive Medicare, the function is, for the purposes of that or any other law of the Commonwealth, taken to have been performed by the primary person.
The performance of the specified function by the Chief Executive Medicare does not prevent the performance of the function under the law of the Commonwealth by the primary person.
For the purposes of subsection (3), it is immaterial whether the specified function is a function that can be delegated.
For the purposes of subsection (3), it is immaterial whether the specified function is a function under a law administered by the Minister.
Subsection (3) does not limit paragraph (1)(e).
Subsections (6) and (7) are enacted for the avoidance of doubt.
Function of acting on behalf of another person
A function prescribed by regulations made for the purposes of paragraph (1)(e) may be a function of acting on behalf of another person (the primary person) in the performance of a function that the primary person may perform, whether under a law of the Commonwealth or otherwise.
For the purposes of subsection (10), it is immaterial whether a function that the primary person may perform is a function that can be delegated.
For the purposes of subsection (10), it is immaterial whether a function that the primary person may perform under a law of the Commonwealth is a function under a law administered by the Minister.
For the purposes of subsection (10), it is immaterial whether a function that the primary person may perform otherwise than under a law of the Commonwealth is a function that is within the responsibilities of the Minister.
Subsection (10) does not limit paragraph (1)(e).
Subsections (10) to (14) are enacted for the avoidance of doubt.
The Chief Executive Medicare’s medicare functions are the functions conferred on the Chief Executive Medicare by or under the Health Insurance Act 1973.
The Chief Executive Medicare’s service delivery functions are as follows:
to provide services, benefits, programs or facilities that are provided for by the Commonwealth for a purpose for which the Parliament has the power to make laws;
to provide services, benefits, programs or facilities that are provided for by a person or body other than the Commonwealth for a purpose for which the Parliament has the power to make laws.
The Secretary may enter into a written agreement with the Secretary of another Department about the performance of any of the Chief Executive Medicare’s functions.
The Chief Executive Medicare may, by writing, delegate to a Departmental employee all or any of the functions of the Chief Executive Medicare under this Act or any other Act.
For the purposes of subsection (1), it is immaterial whether a function of the Chief Executive Medicare is a function of the kind mentioned in subsection 5(3) or (10).
However, the Chief Executive Medicare must not delegate functions conferred on him or her under another Act if the delegation is inconsistent with the express provisions of that Act.
The Chief Executive Medicare may, by writing, delegate to a Departmental employee all or any of the functions delegated to the Chief Executive Medicare under another Act.
However, the Chief Executive Medicare must not delegate functions delegated to him or her under another Act if the delegation by the Chief Executive Medicare would be inconsistent with the express provisions of that Act or with the directions given by the person who delegated the function.
In performing functions delegated to the Chief Executive Medicare under another Act, the Chief Executive Medicare, and any person to whom the function is subdelegated under subsection (3), must comply with any directions of the person who delegated the function.
In performing functions delegated or subdelegated under this section, the delegate or subdelegate must comply with any directions of the Chief Executive Medicare.
Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to a subdelegation in a corresponding way to the way in which they apply in relation to a delegation.
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