National Health Act 1953

Parts I and II shall come into operation on the day on which this Act receives the Royal Assent.

The remaining provisions of this Act shall come into operation on such dates as are respectively fixed by Proclamation.

In this Act, unless the contrary intention appears:

another person (whether of the same sex or a different sex) with whom the person has a relationship that is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section; or

another person (whether of the same sex or a different sex) who is living with the person on a genuine domestic basis although not legally married to the person.

the Minister;

the Chief Executive Medicare;

the Secretary of a relevant Department;

an APS employee in a relevant Department;

a Departmental employee within the meaning of the Human Services (Medicare) Act 1973;

any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with a relevant Department or Services Australia;

any other person employed or engaged (however described) by a person described in paragraph (f) to provide services in connection with the services mentioned in that paragraph.

a body that is a friendly society for the purposes of the Life Insurance Act 1995; or

a body that is registered or incorporated as a friendly society under a law of a State or Territory; or

a body that is permitted, by a law of a State or Territory, to assume or use the expression friendly society; or

a body that, immediately before the date that is the transfer date for the purposes of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999, was registered or incorporated as a friendly society under a law of a State or Territory.

the Department administered by the Minister who administers this Act;

the Department administered by the Minister who administers the Dental Benefits Act 2008;

the Department administered by the Minister who administers the Health Insurance Act 1973;

the Department administered by the Minister who administers the Human Services (Centrelink) Act 1997;

the Department administered by the Minister who administers the Human Services (Medicare) Act 1973.

In this Act, unless the contrary intention appears, a word or phrase defined for the purposes of the Health Insurance Act 1973 has the meaning that it would have if used in that Act.

A reference in this Act to a prescription for the supply of a pharmaceutical benefit is a reference to a prescription written in accordance with subsection 88(1), (1A), (1C), (1D), (1E) or (1EAA).

A reference in this Act to the supply of pharmaceutical benefits at premises is a reference to the supply of pharmaceutical benefits to people who are at the premises when the supply is made.

The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to a person (including the Secretary) all or any of the Minister’s powers under this Act, the regulations or another legislative instrument under this Act, other than:

this power of delegation; or

the Minister’s power under subsection 90(10); or

the Minister’s powers under section 90A and subsection 90B(5); or

the Minister’s powers under section 95.

A power so delegated under subsection (1), when exercised by the delegate, shall, for the purposes of this Act, the regulations or another legislative instrument under this Act, be deemed to have been exercised by the Minister.

A delegate under subsection (1) is, in the exercise of a power so delegated, subject to the directions (if any) of the Minister.

A delegation under subsection (1) does not prevent the exercise of a power by the Minister.

The Secretary may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Secretary, delegate to a person all or any of the Secretary’s powers under this Act, the regulations or another legislative instrument under this Act other than:

this power of delegation; or

the Secretary’s powers under section 95.

A power so delegated under subsection (5), when exercised by the delegate, shall, for the purposes of this Act, the regulations or another legislative instrument under this Act, be deemed to have been exercised by the Secretary.

A delegate under subsection (5) is, in the exercise of a power so delegated, subject to the directions (if any) of the Secretary.

A delegation under subsection (5) does not prevent the exercise of a power by the Secretary.

The Chief Executive Medicare may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Chief Executive Medicare, delegate to a person all or any of the Chief Executive Medicare’s powers under this Act, the regulations or another legislative instrument under this Act, other than this power of delegation.

A power so delegated under subsection (9), when exercised by the delegate, is, for the purposes of this Act, the regulations or another legislative instrument under this Act, taken to have been exercised by the Chief Executive Medicare.

A delegate under subsection (9) is, in the exercise of a power so delegated, subject to the directions (if any) of the Chief Executive Medicare.

A delegation under subsection (9) does not prevent the exercise of a power by the Chief Executive Medicare.

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

The Governor‑General may provide, or arrange for the provision of:

aerial medical and dental services;

diagnostic and therapeutic services for medical practitioners and hospitals, and for patients of medical practitioners or hospitals;

teaching, research and advisory services in relation to maternal and child health;

teaching, research and advisory services for or in relation to the improvement of health or the prevention of disease; and

anything incidental to a service referred to in paragraph (a), (b), (c) or (d).

The Minister may disseminate information relating to health or the prevention of disease.

The Minister may, on behalf of the Commonwealth, arrange for:

the supply by the Commonwealth of such medical or surgical aids, equipment or appliances as are prescribed to persons who require them;

the making of any modifications to a building, vehicle or equipment that are necessary for the treatment or rehabilitation of a sick or disabled person.

Subject to the provisions of an arrangement made under subsection 9C(1), a hearing aid, or any other medical or surgical aid, equipment or appliance of a kind prescribed for the purposes of this subsection, that is supplied under this section remains the property of the Commonwealth notwithstanding any purported disposition or pledging of the aid, equipment or appliance by any person.

The Minister may impose such conditions as the Minister thinks fit on the use or possession of aids, equipment or appliances supplied, or to be supplied, under subsection (1).

The regulations may make provision with respect to the supply of aids, equipment or appliances, or the making of modifications, under subsection (1), including provision for offences with respect to the use or possession of aids, equipment or appliances so supplied.

The Minister may provide, or arrange for the provision of:

designated vaccines; and

goods or services that are associated with, or incidental to, the provision or administration of designated vaccines.

The Minister may, by legislative instrument, determine that a specified vaccine is a designated vaccine for the purposes of this Act.

For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

A vaccine may be specified by reference to any or all of the following:

brand;

formulation;

active ingredient;

strength;

number and timing of doses in a course of immunisation.

Subsection (3) does not limit the ways in which a vaccine may be specified.

In addition to specifying a vaccine, a determination under subsection (2) may specify the circumstances in which the vaccine may be provided.

If any such circumstances are specified, subsection (1) only authorises the provision of the vaccine in those circumstances.

A vaccine must not be specified in a determination under subsection (2) unless:

the Pharmaceutical Benefits Advisory Committee has recommended to the Minister that the vaccine be a designated vaccine; or

at any time during the 60‑day period ending immediately before the commencement of this subsection, the vaccine was provided under repealed section 9B of this Act.

Before:

revoking a determination under subsection (2); or

varying a determination under subsection (2) in such a way that a vaccine ceases to be a designated vaccine;

An advice under subsection (8) is to be tabled in each House of the Parliament with the revocation or variation to which the advice relates.

This section does not limit the vaccine‑related powers that may be exercised by the Minister under the Biosecurity Act 2015.

The Minister may, on behalf of the Commonwealth, enter into an arrangement with a State, a Territory or a body corporate established for a public purpose under a law of a State or Territory for and in relation to:

the supply of medical or surgical aids, equipment or appliances prescribed for the purposes of paragraph 9A(1)(a) to persons who require them; and

the making of any modifications to a building, vehicle or equipment that are necessary for the treatment or rehabilitation of a sick or disabled person.

Without limiting the generality of subsection (1), an arrangement entered into under that subsection with a State, a Territory or a body corporate may provide for:

the payment by the Commonwealth of amounts to the State, Territory or body corporate, as the case may be, in connection with the carrying out of the arrangement; and

the transfer to the State, Territory or body corporate, as the case may be, of medical or surgical aids, equipment or appliances owned by the Commonwealth.

An arrangement entered into under subsection (1) may be expressed to have taken effect from a day earlier than the day on which the arrangement was entered into.