Document ID: chunk:federal_register_of_legislation:F2023N00111:body:0
Version: federal_register_of_legislation:F2023N00111
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Health ref. no. 820

AUSTRALIAN GOVERNMENT

HEALTH INSURANCE ACT 1973

Health Insurance (Eligible citizens of Malta) Order 2023

I, Daniel McCabe, First Assistant Secretary, Medicare Benefits and Digital Health Division, delegate for the Minister for Health and Aged Care, pursuant to subsection 6(1) of the Health Insurance Act 1973 ('the Act'), hereby:

   (1)  REVOKE the Health Insurance (Eligible persons and citizens of Malta) Order 2022, made on 11 March 2022; and

  (2)   DECLARE that every person included in the class of persons specified in section (3) who, but for this Order, would not be an eligible person for the purposes of the Act shall, for the period from 11 May 2023 until the end of the period of six months after the person's last entry to Australia be treated as having been or as being an eligible person for the purposes of the Act.

  (3)   The class is each person who:

       (a)    is a citizen of Malta who is ordinarily resident therein; and

       (b)    is a holder of a current Maltese passport or a current Identity Card issued under the Identity Card Act 1975, or included as a dependent in any of those documents; and

       (c)    is not a person who is the holder of a student visa under the Migration Act 1958 and its Regulations; and

       (d)    is lawfully present in Australia.

  (4)   This Order shall have effect from 11 May 2023

Dated this day of 11 May 2023

Daniel McCabe
First Assistant Secretary
Medicare Benefits and Digital Health Division
Health Resourcing Group
Department of Health and Aged Care

ATTACHMENT – STATEMENT OF REASONS

Health Insurance Act 1973

Class Order under Subsection 6(1)

Health Insurance (Eligible citizens of Malta) Order 2023

ORDER NO: 820

DATE OF ORDER: 11 May 2023

RELATED ORDERS: 796, 810, 813, 816

NAME OF PERSON OR GROUP: Maltese citizens

REASONS FOR APPROVAL:

To ensure that citizens of Malta who are otherwise eligible for treatment under the Australia-Malta Reciprocal Health Care Agreement and lawfully present in Australia, are eligible for Medicare upon arrival in Australia for six months.

This is an interim measure to address an anomaly in the Australia-Malta Reciprocal Health Care Agreement. Currently, the agreement does not permit a person entering Australia on a visa exceeding a six month period to be eligible for Medicare.