ORGANISATION MONDIALE 
DU COMMERCE 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce IP/N/1/ AUS/1/12 
4 octobre 1996 
(96-4004) 
Original: anglais 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Australie 
Le présent document contient le texte' des lois et réglementations ci-après, notifiées par 
l'Australie au titre de l'article 63:2 de l'Accord (voir le document IP/N/l/AUS/1/Rev.l): 
Article 41C de la Loi de 1973 sur la Commission de 
l'assurance-maladie 
Loi de 1994 portant modification de la législation sur 
les services sociaux et la santé 
Règlement n • 5 de la Réglementation sur la Commission 
de l'assurance-maladie 
1 Anglais seulement. 2 
9 
12 IP/N/1/ AUS/1/12 
Page2 
HEAL TH INSU RANCE COMMISSION ACT 1973 
Section Reprinted as at 31 March 1994 
TABLE OF PROVISIONS 
PART 1-PRELIMINARY 
1 . Short title 
2. Commencement 
3. lnterpretation 
PART li-ESTABLISHMENT OF THE HEALTH INSURANCE 
COMMISSION 
4. Establishment of Health lnsurance Commission 
5. Medicare functions of Commission 
PART IIA-MEDIBANK PRIVATE 
BA. Medibank private functions 
88. Application of National Health Act and Health lnsurance Act 
PART IIAA-REBATES FOR CHILD GARE COSTS 
8BA. Child care costs rebate functions 
PART 118-ADDITIONAL FUNCTIONS OF THE COMMISSION 
SC. Additional functions relating to health matters 
8E. Prescribed functions 
8F. Agreement with the Commission concerning certain administrative 
expenses 
PART IIC-POWERS OF THE COMMISSION 
8G. Powers of Commission 
8H. Delegation 
8J. Directions by Minister 
PART Ill-CONSTITUTION AND MEETINGS OF THE HEALTH 
INSURANCE COMMISSION 
9. Incorporation of Commission 
1 O. Constitution of Commission 
11. Period of appointment Health lnsurance Commission Act 1973 IP/N/1/ AUS/1/12 
Page 3 
Section 
12. 
13. · 
14. 
15. 
16. 
17. 
18. 
19. TABLE OF PROVISIONS-continued 
Remuneration and allowances of part-time Commissioners 
Acting appointments of part-time Commissioners 
Decisions of Commission not to be questioned 
Disclosure of interests 
Leave of absence 
Termination of appointment of part-time Commissioner 
Resignation · 
Meetings of Commission 
PART IV-THE MANAGING DIRECTOR AND STAFF OF THE HEALTH 
INSURANCE COMMISSION 
20. Managing Director 
21. Appointment of Managing Director 
22. Remuneration and a11owances of Managing Director 
23. Leave of absence 
25. Acting Managing Director 
26. Termination of appointment of Managing Director 
27. Resignation 
28. Staff of Commission 
28A. lndustrial awards 
29. Services of certain officers etc. to be made available to Commission 
32. Long Service Leave 
PART V-FINANCE 
33. Moneys to be paid to the Commission for purposes of Part Il or 118 
34. Estimates 
34A. Financial policy concerning medibank private functions 
348. Apportionment of assets of Commission 
34C. Apportionment of expenditure of Commission 
35. Bank accounts 
36. Borrowing and investment 
36A. Advances by the Commonwealth 
37. Application of moneys by Commission 
38. Contracts 
39. Uability of Commission to pay rates, taxes and charges 
40. Proper accounts ta be kept 
41. Audit 
PART Vl-MISCELLANEOUS 
41 A. Delegation of powers by Minister 
41 B. Modification of provisions to accommodate additional functions 
41C. Protection of the "medicare" name and symbol 
41 D. Forieiture of articles etc. 
41 E. Sections 41 C and 41 D not to limit other laws 
42. Annual report of Commission 
43. Report to Minister 
44. Regulations IP/N/l/AUS/I/12 
Page4 
HEAL TH INSU RANCE COMMISSION ACT 1973 
An Act to constitute a Health Insurance Commission and for purposes 
conner~ed therewith 
PART 1-PRELIMINARY 
Short title 
1. This Act may be cited as the Health Insurance Commission Act 
1973.1 
Commencement 
2. This Act shall corne into operation on the day on which it 
receives the Royal Assent.1 
Interpretation 
3. (1) In this Act, un 1~.ss the contrary intention appears: 
"Australian Public Service" means the Public Service constituted by 
the Public Service Act 1922-1973; 
"Chairman" means the Chairman of the Commission and, where 
another part-time Commissioner is acting in the place of the Chairman 
in accordance with section 13, includes that Commissioner; 
"Commission" means the Health Insurance Commission established by 
this Act; 
"function", in relation to the Commission, means a function conferred 
on the Commission by or under this Act or by or un.der any other Act; 
· "Managing Director" means the Managing Director of the Commission 
and, if a persan is acting in the place of, or in the vacant office of, the 
Managing Director, includes that person; IP/N/1/AUS/1/12 
Page 5 
Health lnsurance Commission Act 1973 
(3) A delegation under this section does not prevent the exercise 
of a power by the Minis ter. 
Modification of provisions to accommodate additional functions 
41B. (1) Where functions are, after the commencement of this 
section, conferred upon the Commission under Pa~t IIB, the regula­
tions may make provision for modifications of the provisions of Part V 
and section 42 in or in connection with their application to the 
activities of the Commission in the performance of those functions. 
(2) In subsection (1), "modification" includes the alteration of a 
provision, the addition or omission of a provision or the substitlltion of 
a new provision for an ex::isting provision. 
Protection of the "medicare" name and symbol 
41C. (1) A persan who: 
(a) uses the name "medicare", or a prescribed symbol, in connec­
tion with a business, trade, profession or occupation; 
(b) sells, off ers for sale, exposes for sale or lets for hire, or 
otherwise· has in his possession for sale or hire, goods to which 
the name "medicare" or a prescribed symbol has been applied; 
( c) uses the name "medicare" or a prescribed symbol in relation 
to goods or to the promotion, by any means, of the supply or 
use of goods; or 
( d) imports into Australia for sale, or for use for the purposes of 
any business, trade, profession or occupation, any article to 
which the name "medicare" or a prescribed symbol bas been 
applied outside Australia; 
is guilty of an offence against this section. 
(2) Where the name "medicare" or a prescribed symbol: 
(a) is used as, or as part of, the name or emblem of an association; 
(b) is used as, or as part of, the name or emblem of a newspaper 
or magazine owned by, or published by or on behalf of, an 
association; or 
( c) is used by an association in connection with any activity of the 
association so as to imply that the association is in an.y way 
connected with the Commonwealth or the Commission; 
then: 
( d) if the association is a body corporate-the association; or 
(e) if the association is not ·a body corporàte-every member of 
the committee of management or other governing body of the 
association; · IP/N/1/ AUS/1/12 
Page 6 
Health Jnsurance Commission Act 1973 
is guilty of an offence against this section. 
(3) A person who is guilty of an offence against this section is 
punishable, upon conviction: 
(a) in the case of a person not being a body corporate-by a fine 
not exceeding $2,000; or 
(b) in the case of a person being a body corporate- by a fine not 
exceeding $4,000. 
( 4) The conviction of a person of an off en ce against this section in 
respect of the use of a name or prescribed symbol does not prevent a 
further conviction of that person in respect of the use of that name or 
prescribed symbol at any time after the first-mentioned conviction. 
(5) For the purposes of this section: 
(a) a reference to the name "medicare" shall be read as including 
a reference to a name or expression that so nearly resembles 
the name "medicare" as to be capable of being mistaken for 
the name "medicare"· ' (b) a reference to an official "medicare" symbol shall be read as a 
reference to a symbol declared by the regulations to be an 
official "medicare" symbol; 
( c) a reference to a prescribed symbol shall be read as a reference 
to an emblem, brand, design, symbol, logo or mark tbat: 
(i) is identical with an official "medicare" symbol; or 
(ii) so nearly resembles an official "medicare" symbol as to 
be capable of being mistaken for an official "medicare" 
symbol; 
( d) a name or a prescribed symbol shall be deemed to be applied 
to goods if it: 
(i) 1s woven in, impressed on, worked into or affixed to 
the goods; or 
(ii) is applied to a covering, label, reel or thing in or with 
which the goods are supplied; 
(e) a name or a prescribed symbol shall be deemed to be used in 
relation to goods, or to the promotion of the supply or use of 
goods, if it is used in a sign, advertisement ( whether printed, 
broadcast or televised), invoice, catalogue, price list or other 
document in relation to goods; and 
(f) the reference in paragraph ( d) ta a covering includes a refer­
ence to a stopper, glass, bottle, vesse!, box, capsule, case, frame 
or wrapp_er and the reference in that paragraph to a label 
includes a reference to a band or ticket. · 
(6) Proceedings under this section shall not be instituted without 
the consent in writing of the Attomey-General. Health Jnsurance Commission Act 1973 IP/N/1/ AUS/1/12 
Page 7 
(7) Subject to subsection (9), nothing in this section affects any 
rights conferred by law on a person in respect of: 
(a) a trade mark registered under the Trade Marks Act 1955, being 
a trade mark that was so registered before the date of com­
mencement of this section; or 
(b) a design registered under the Designs Act 1906, being a design 
that was so registered before the commencement of this sec­
tion. 
(8) Subject to subsection (9), nothing in this section affects the use, 
or any rights conferred by law relating to the use, of a name or a 
symbol on or after the date of commencement of this section if: 
(a) within the prescribed period before that date, the person used 
the name or symbol in good faitb in a manner mentioned in 
subsection (1) or (2); or 
(b) immediately before that date the persan would have been 
entitled to prevent another person from passing off, by means 
of the use of that name or symbol or of a similar name or 
symbol, goods or services as the goods or services of that 
first-mentioned person. 
(9) No action or proceeding, whether criminal or civil, lies against 
the Commonwealth or the Commission for or in relation to the use by 
the Commonwealth or the Commission of the name "medicare" or of 
an official "medicare" symbol. 
(10) To the extent that subsection (9) results in an acquisition of 
property from any persan, the Commonwealth is liable to pay to that 
persan such compensation as is agreed upon between them or, in 
default of agreement, as is determined by the Federal Court of Austra­
lia. 
(11) The Federal Court of Australia has jurisdiction with respect 
of matters arising under subsection (10). 
Forfeiture of articles etc. 
41D. All articles or goods by means of which, or in relation to 
which, an offence against subsection 41C (1) is committed are forfeited 
to the Commonwealth. 
Sections 41C and 41D not to limit other laws 
41E. The provisions of sections 41C and 41D are in addition to, 
and not in substitution for, the provisions of any other law (w~ether a 
law of the Commonwealth or a law of a State or Territory) that c6nfers 
rights or powers on the Commonwealth or the Commission, including, IP/N/1/ AUS/1/12 
Page 8 
Health lnsurance Commission Act 1973 
but without lhniting the generality of the foregoing, rights or powers to 
institute civil or criminal proceedings for the protection of the prop­
erty or interests of the Commonwealth or of the Commission. 
Ann ual report of Commission 
42. (1) The Commission shall, as soon as practicable after 30 June 
1979 and after 30 June in each subsequent year, prepare and furnish to 
the Minister a report of its operations during the year ended on that 
date, together with financial staternents in respect of that year in such 
form as the Minister for Finance approves. 
(2) Before furnishing the financial statements to the Minister, the 
Commission shall submit them to the Auditor-General, who shall 
report to the Minister: 
(a) whether, in bis opinion, the statements are based on proper 
accounts and records; 
(b) whetber, .in his opinion, the statements are in agreement with 
the accounts and records and show fairly the finahcial transac­
tions, and tbe state of affairs, of the Commission; 
( d) whether, in his opinion, the receipt, expenditure and invest­
ment of moneys, and the acquisition and disposa! of assets, by 
the Commission during the year have been in accordance with 
this Act and, to the extent to which the National Health Act 
1953 applied to and in relation to the receipt and expenditure 
of moneys by the Commission, the receipt and expenditure of 
moneys have also been in accordance with that Act; and 
(e) as to such other matters arising out of the statements as the 
Auditor-General considers should be reported to the Minister. 
(3) The Commission shall include in its report under subsection 
(1) in respect of the year ending on 30 June 1984 and in its report in 
respect of each subsequent year: 
( a) the principles that were applicable in accordance with sub­
sections 34B (2), 34C (1) and 36 (6B) during the year; and 
(b) a statement as to whether those principles differed from the 
principles that were applicable in the preceding year, and, if 
they differed, as to the manner in which they differed. 
(4) The Minister shall lay a copy of the report and financial 
statements of the Commission, together with a copy of the report of 
the Auditor-General, before each House of the Parliament within 15 
sitting days of that House after their receipt by the Minister. IP/N/1/ AUS/I/12 
Page 9 
Hulllan Services and Health Legislation 
Amendment Act 1994 
No. 80 of 1994 
An Act to amend Iegislation relating to human services and 
health, and for related purposes 
[Assented to 23 June 1994 ] 
The Parliament of Australia enacts: 
PART 1-PRELIMINARY 
Short title 
1. This Act may be cited as the Human Services and Health Legislation 
AmendmentAct 1994. 
Commencement 
2.(1) Subject to subsections (2) and (3), this Act commences on the day 
on which it receives the Royal Assent. IP/N/l/AUS/I/12 
Page 10 
Hwnmz Services and Health Legislation 
Amendment No. 80, 1994 
(2) Part 3 is ta ken to have commenced on 9 June 1993, immediately after 
the commencement of the Health Insurance Commission Amendment Act 
I 993. 
(3) The amcndmcnt of section 4 of the Childcarc Rebate Act 1993 in the 
Schcdulc is ta ken to h:1ve commcnccd immediately after the commencement 
of that Act and for the purposcs only of that amcndment, section 13 is taken 
to have commcnccJ at that timc. 
PART 2-A.!\1EN0I'v1ENTS OF THE DISABILITY SERVICES 
ACT 1986 
Principal Act 
3. In this Part." Principal Act" means the Disability Services Act 19861• 
Rccovery of costs of rehabilitation programs borne by the 
Commonwealth 
4. Section 23 of thè Principal Act is amended: 
(a) by inserting aftèr subsection (5) the following subsection: 
"(SA) Thè Secretary may issue a notice undcr subscction (5): 
(a) whether or nota court or tribunal has made a determination 
about the entitlcment to compensation of the pcrson entitled 
to rccei\'e compensation; and 
(b) whethcr or nota pcrson liable to pay compensation has made 
a payment (with or without admission of liability) in 
settlement of a claim for damages."; 
(b) by omitting from subscction (7) all the. words after "receive 
compensation~~ and substituting: 
"until: 
(a) the Secretary has specified under subsection (6) the amount 
that the person liable to pay compensation is liable to pay to 
the Commonwealth; and 
(b) the person liable to pay compensation has paid that amount 
to the Commonwealth."; 
(c) by inserting in subsection (13) ", (5A)" after "(5)". 
Review of decisions under Part III 
5. Section 26 of the Principal Act is amended by adding at the end. of 
subsection (5) the following Note: 
"Note: Section 27 A of the Administrative Appeals Tribunal Act 1975 requires a 
decision-maker to notify persons whose interests are affected by the decisfon of the 
making of the decision and their right to have the decision reviewed. In so 
notifying, the decision-maker must have regard to the Code of Practice determined 
under section 27B of that Act.". IP/N/1/ AUS/1/12 
Page 11 
Human Services and Health Legislation 
Amcndment No. 80, 1994 
SCHEDULE-continucd 
Resignation 
"27. The Managing Direct or may resign the offi~c of Managing Director 
by giving a signèd notice of rcsignation to the Govcrnor-Gencral. ··. 
Section 29: 
Omit "bis", substitute "his or hcr". 
Subsection 36(4A): 
Omit "hc ., , substitutc "he or shc". 
Subsection 36(6B): 
Omit "him'', substitutc .. him or hcr". 
Subsection 41(1): 
Omit "his''. 
Subsection 41(2): 
Omit "his '', substitutc "his or hcr ''. 
Subsection 41(4): 
Omit "him'\ substitutc "him or hcr''. 
Subsection 41(5): 
Omit "him", substitutc "him or hcr". 
Subsection 41(6): 
Omit "him" (wherever occurring), substitute "him or ber''. 
Subsection 41A(l): 
(a) Omit "him ", substitute "him or her"; 
(b) Omit "his", substitute "his or her". 
Paragraph 41C(l)(b): 
Omit "his", substitute "his or her". 
Paragraphs 42(2)(a), (b) and (d): 
Omit "his" (wherever occurring), substitute "his or her". 
Section 43: 
(a) Omit "him", substitute "him or her"; 
(b) Omit "he", substitute "he or she". IP/N/1/ AUS/1/12 
Page 12 
AUSTRAL!A.N INDUSTRlAL 
HEALTH INSURANCE COMMISSION REGULATIONS 
ln force under the Health lnsurance Commission Act 7973 
Reprinted as at 30 November 1993 
TABLE OF PROVISIONS 
Regulation 
1. Citation 
2. Commencement 
2A. lnterpretation 
3. Additional functions of the Commission: investigations relating to exces-
sive services 
3A. Additional functions of the Commission: patho!ogy services 
38. Additional f unctions of t~e Commission: health program grants 
3C. Additional functions of the Commission: allocation of numbers 
30. Additional functions of the Commission: provision of certain appliances 
3E. Additional functions of the Commission: provision of pharmaceutical 
benefits 
3F. Additional functions of the Commission: planning and preparation in 
. relation to legislative proposais 
3G. Additional functions of the Commission: Hib vaccinations 
3H. Additional functions of the Commission: payments on behalf of Australian 
Hearing Services 
4. Additiona! functions of the Commission 
4A. Modification of Part V of the Act 
48. Contractual limit 
5. Prescribed period for purposes of paragraph 41 C (8) (ê) of Act 
6. Previous employment to be taken into account 
SCHEOULE 1 
SCHEDULE 2 IP/N/1/ AUS/I/12 
Page 13 
Health /nsurance Commission Regulations 
( d) the Commission may withdraw those moneys 
from an account maintained by it under sub­
section (2A) but, if it does so, must as soon 
as practicable thereaftt:r make such withdraw­
als from, and such payments to, an account 
maintained under subsection (1) or (2) in 
relation to those fonctions as are necessary to 
ensure that expenditure that is to be treated, 
for the purposes of this Act, as expenditure 
wholly and exclusively related to the perfor­
mance of a function referred to in either of 
those subsections is debited to the ~ppro­
priate account or accounts"; 
(f) by amending section 36 by inserting after subsection (6A) the 
following subsection: 
"(6AA) Moneys held by the Commission for the perfor­
mance of a function referred to in regulation 3D or 3E of the 
Healt_h Insurance Commission Regulations that are not imme­
diately required by the Commission for the performance of 
that function may be invested by_ the Commission: 
(a) on deposit with an approved bank within the meaning 
of subsection 63E (2) of the Audit Act 1901; or 
(b) in Commonwealth securities; or 
( c) in any other manner approved by the Treasurer; 
and any income derived from investments so made is to be 
paid to the Commonwealth." 
Contractual limit 
4B. For the purposes of subsection 38 (1) of the Act, the. amount 
of $10,000,000 is prescribed. 
Prescribed period for purposes of paragraph 41C (8) (a) of Act 
S. For the purposes of paragraph 41C (8) (a) of the Act, the 
prescribed period is the period of 2 years that commenced on 1 
January 1981. 
Previous employment to be taken into account 
6. (1) Subregulation (2) applies to an officer who: 
(a) became an officer before 8 August 1975;