Document ID: chunk:federal_register_of_legislation:C2004A04483:body:0:p11
Version: federal_register_of_legislation:C2004A04483
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Character Range: 25860–28804

"(d) ceasing to provide domiciliary nursing care to a patient (other than for the purpose of taking a respite care day in relation to that patient);";

   (b) by adding at the end the following subsection:

     "(2) If an approved person who is in receipt of a domiciliary nursing care benefit in respect of a patient takes a respite care day in relation to the patient, the person must notify the Secretary in writing of:

       (a)     the date of the respite care day; and

         (b)     the person who provided domiciliary nursing care to the patient on the respite care day.

     Penalty: $2,000.".

Cancellation of registration of organisation

28. Section 79 of the Principal Act is amended by inserting after subsection (4) the following subsection:

"(5) The Minister must cancel the registration of a registered organisation if he or she is satisfied that the business of the health benefits fund or funds conducted by the organisation has, in accordance with an approval granted under Part VIB, been transferred to another registered organisation or to other registered organisations (as the case may be).".

Interpretation

29. Section 84 of the Principal Act is amended by inserting in subsection (2A) "a concession card or" after "holder of" (twice occurring).

Eligibility for concession and entitlement cards

30. Section 84C of the Principal Act is amended by omitting subsection (5).

Form of cards

31. Section 84F of the Principal Act is amended by omitting from subsection (2) "subsection (1)" and substituting "subsections (1) and (1A)".

Application for review by Tribunal

32. Section 105AB of the Principal Act is amended by omitting from subsection (6A) "Secretary under subsection 84E(1) refusing to issue an entitlement card to a person." and substituting the following word and paragraphs:

"Secretary:

     (a)       under subsection 84DA(1) refusing to issue a concession card to a person; or

     (b)       under subsection 84E(1) refusing to issue an entitlement card to a person.".

Certain instruments subject to disallowance

  33. Section 139B of the Principal Act is amended:

  (a)     by omitting from paragraph (1)(e) "or" (last occurring);

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

       "(ea) a determination under paragraph 58G(2)(b) or

          paragraph (a) of the definition of 'pro-rata instalment' in subsection 58GA(1);";

  (c) by adding at the end of paragraph (1)(f) "or".

PART 6—AMENDMENTS OF THE NATIONAL HEALTH AMENDMENT ACT 1987

Principal Act

34. In this Part, "Principal Act" means the National Health Amendment Act 19874.

Amendment of section 11

  35. Section 11 of the Principal Act is amended:

   (a)     by omitting "section 99A" and substituting "section 99AA";

   (b)    by inserting "in Division 3 of Part VII" after "inserted".

NOTES

  1. No. 81, 1954, as amended. For previous amendments, see No. 47, 1957 (as amended by No.