Document ID: chunk:federal_register_of_legislation:C2005C00239:clause:1_73
Version: federal_register_of_legislation:C2005C00239
Segment Type: clause
Provision Reference: sch 1 cl 73
Character Range: 75304–77456

73  Transitional provisions

(1) If an adult beneficiary:
 (a) enters Australia as a new arrival to whom paragraph 5(1)(cb) of Schedule 2 to the National Health Act 1953 applies; and
 (b) the adult beneficiary has hospital cover immediately before the special categories amendment day; and
 (c) the base rate of that hospital cover has been increased in accordance with clause 1 of Schedule 2 to the National Health Act 1953;
then, with effect from the special categories amendment day, the base rate of hospital cover is to be altered to the rate that would have applied if that cover had been obtained before the adult beneficiary had turned 31 years of age.

(2) If:
 (a) an adult beneficiary is a person to whom paragraph 5(1)(e) of Schedule 2 to the National Health Act 1953 applies; and
 (b) the adult beneficiary returned to Australia before the special categories amendment day; and
 (c) the adult beneficiary had hospital cover immediately before the special categories amendment day; and
 (d) the base rate of that hospital cover has been increased in accordance with clause 1 of Schedule 2 to the National Health Act 1953;
then, with effect from the special categories amendment day, the base rate of hospital cover is to be altered to the rate that would have applied if that cover had been obtained before the adult beneficiary had turned 31 years of age.

(3) In this item:
adult beneficiary has the same meaning as in subsection 4(1) of the National Health Act 1953.
base rate has the same meaning as in subclause 1(2) of Schedule 2 to the National Health Act 1953.
hospital cover has the same meaning as in clause 4 of Schedule 2 to the National Health Act 1953.
special categories amendment day has the same meaning as in subclause 5(3) of Schedule 2 to the National Health Act 1953.

(4) A reference in this item to the return to Australia of an adult beneficiary is to be construed in the same manner as that reference is construed for the purposes of clause 5 of Schedule 2 to the National Health Act 1953.

[Minister's second reading speech made in—
Senate on 6 March 2003
House of Representatives on 5 December 2003 a.m.]
(13/03)