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Health and Community Services
Legislation Amendment Act (No. 2) 1993

No. 76 of 1993

An Act to amend legislation relating to health and
community services, and for related purposes

[Assented to 25 November 1993]

  The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Health and Community Services Legislation Amendment Act (No. 2) 1993.

Commencement

2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) Paragraph 29(h) and sections 30, 31 and 32 commence on a day to be fixed by Proclamation.

(3) Paragraphs 29(i), 37(b) and 38(b), section 47 and paragraph 50(1)(d) commence on a day to be fixed by Proclamation.

(4) The day fixed for the purposes of subsection (3) must not be earlier than the day on which the Mutual Recognition Convention enters into force in relation to Australia.

PART 2—AMENDMENTS OF THE DISABILITY SERVICES ACT 1986

Principal Act

  3. In this Part, "Principal Act" means the Disability Services Act 19861.

Information about Minister's declaration may be made available to the public

4. Section 14J of the Principal Act is amended by adding at the end the following subsection:

"(2) An action or proceeding, whether criminal or civil, does not lie against a person for publishing in good faith a copy of the information, or a fair extract from, or a fair abstract of, the information.".

Agreements may be entered into with transferees of land etc.

5. Section 16 of the Principal Act is amended by inserting after subsection (1) the following subsection:

"(1A) Without limiting subsection (1), an agreement may contain terms and conditions providing for the other person to repay the whole, or part of, the grant that was made to the transferor in respect of the land, building or equipment.".

PART 3—AMENDMENTS OF THE HEALTH INSURANCE ACT 1973

Principal Act

  6. In this Part, "Principal Act" means the Health Insurance Act 19732.

Medicare benefits in relation to pathology services

  7. Section 16A of the Principal Act is amended:

    (a) by omitting paragraph (2)(c) and substituting the following paragraphs:

         "(c) the proprietor of the laboratory was an approved pathology authority;

      (ca) there was no other proprietor of the laboratory; and";

    (b) by omitting from subparagraph (2)(d)(i) and sub-subparagraph (2)(d)(ii)(B) ", or a proprietor,";

    (c) by omitting from paragraph (5AB)(c) and subparagraph (5AB)(d)(ii) "(or a proprietor)";

    (d) by omitting from paragraphs (5A)(a), (5A)(b), (8)(b) and (8)(c) ", or a proprietor,".

Request forms and confirmation forms

  8. Section 23DK of the Principal Act is amended:

  (a) by inserting after subsection (1) the following subsection:

    "(1A) Subsection (1) does not apply to the approved pathology practitioner in relation to a particular pathology