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Human Services and Health Legislation Amendment Act 1994

No. 80 of 1994

TABLE OF PROVISIONS

PART 1—PRELIMINARY

Section

  1. Short title
  2. Commencement

PART 2—AMENDMENTS OF THE DISABILITY SERVICES ACT 1986

  3. Principal Act
  4. Recovery of costs of rehabilitation programs borne by the Commonwealth
  5. Review of decisions under Part III

PART 3—AMENDMENTS OF THE HEALTH INSURANCE COMMISSION
ACT 1973

  6. Principal Act
  7. Interpretation
  8. Money to be paid to the Commission for the purposes of Part II, IIAA or IIB
  9. Insertion of new section:

TABLE OF PROVISIONS—continued

Section

       34AAA. Estimates—child care cash rebate functions
 10. Substitution of new sections:
       34B. Apportionment of assets of the Commission
       34C. Apportionment of the Commission's expenditure
       35. Bank accounts
 11. Borrowing and investment
 12. Regulations

PART 4—OTHER AMENDMENTS

 13. Other amendments

SCHEDULE

OTHER AMENDMENTS

Childcare Rebate Act 1993

Health Insurance Commission Act 1973

National Health Act 1953

Human Services and Health Legislation
Amendment Act 1994

No. 80 of 1994

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

                            [Assented to 23 June 1994]

  The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Human Services and Health Legislation Amendment Act 1994.

Commencement

2.(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.

(2) Part 3 is taken to have commenced on 9 June 1993, immediately after the commencement of the Health Insurance Commission Amendment Act 1993.

(3) The amendment of section 4 of the Childcare Rebate Act 1993 in the Schedule is taken to have commenced immediately after the commencement of that Act, and for the purposes only of that amendment, section 13 is taken to have commenced at that time.

PART 2—AMENDMENTS OF THE DISABILITY SERVICES ACT 1986

Principal Act

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

Recovery of costs of rehabilitation programs borne by the Commonwealth

  4. Section 23 of the Principal Act is amended:

  (a) by inserting after subsection (5) the following subsection:

      "(5A) The Secretary may issue a notice under subsection (5):

          (a) whether or not a court or tribunal has made a determination about the entitlement to compensation of the person entitled to receive compensation; and

          (b) whether or not a person liable to pay compensation has made a payment (with or without admission of liability) in settlement of a claim for damages.";

    (b) by omitting from 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