Document ID: chunk:federal_register_of_legislation:C2004A04756:body:0:p2
Version: federal_register_of_legislation:C2004A04756
Segment Type: other
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Character Range: 2742–5615

subsection (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 27A of the Administrative Appeals Tribunal Act 1975 requires a decision-maker to notify persons whose interests are affected by the decision 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.".

PART 3—AMENDMENTS OF THE HEALTH INSURANCE
COMMISSION ACT 1973

Principal Act

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

Interpretation

  7. Section 3 of the Principal Act is amended:

  (a) by inserting in subsection (1) the following definition:

     " 'recognised class of functions' means:

          (a) the medicare functions of the Commission (including such functions conferred on the Commission under section 8E as are taken for the purposes of Part V to be medicare functions of the Commission); or

       (b) the medibank private functions of the Commission; or

          (c) a class of functions, being functions conferred on the Commission under section 8E, that is prescribed for the purposes of this paragraph; or

       (d) the child care cash rebate functions of the Commission;";

  (b) by inserting after paragraph (2)(b) the following paragraph:

          "(ba) a reference to the child care cash rebate functions of the Commission is a reference to the functions conferred on the Commission by Part IIAA;".

Money to be paid to the Commission for the purposes of Part II, IIAA or IIB

8. Section 33 of the Principal Act is amended by inserting "or the child care cash rebate functions" after "medicare functions".

Insertion of new section

  9. After section 34 of the Principal Act the following section is inserted:

Estimates—child care cash rebate functions

"34AAA.(1) The Commission must prepare estimates, in such form as the Minister directs, of receipts and expenditure of the Commission related to the performance of its child care cash rebate functions for each financial year and, if the Minister so directs, for any other period specified by the Minister.

"(2) The Commission must submit the estimates to the Minister not later than the date the Minister directs.

"(3) The Commission's money must not be spent in the performance of its child care cash rebate functions except in