Health Insurance Amendment (Compliance Administration) Act 2020

No. 150, 2020

An Act to amend the Health Insurance Act 1973, and for related purposes

Contents

1 Short title 1

2 Commencement 2

3 Schedules 2

Schedule 1—Amendments 3

Health Insurance Act 1973 3

Health Insurance Amendment (Compliance Administration) Act 2020

No. 150, 2020

An Act to amend the Health Insurance Act 1973, and for related purposes

[Assented to 17 December 2020]

The Parliament of Australia enacts:
1 Short title

This Act is the Health Insurance Amendment (Compliance Administration) Act 2020.
2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information Commencement information Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this Act The day after this Act receives the Royal Assent. 18 December 2020

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 2

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Amendments

Health Insurance Act 1973

 1 Subsection 129AC(1) (heading)

Omit “statements”, substitute “information”.

 2 Subsection 129AC(1)

Omit “making of a false or misleading statement”, substitute “giving of false or misleading information”.

 3 Subsection 129AC(1)

Omit “statement was made”, substitute “information was given”.

 4 Subsection 129AC(1)

Omit “making of the statement”, substitute “giving of the information”.

 5 After subsection 129AC(1)

Insert:

(1AAA) For the purposes of subsection (1), it is immaterial whether the false or misleading information is given:

 a

in a document; or

 b

in a statement; or

 c

in any other form.

 6 Paragraph 129ACA(1)(a)

Omit “making of a false or misleading statement”, substitute “giving of false or misleading information”.

 7 After subsection 129ACA(1)

Insert:

 1A

For the purposes of subsection (1), it is immaterial whether the false or misleading information is given:

 a

in a document; or

 b

in a statement; or

 c

in any other form.

 8 Subparagraphs 129ACA(2)(c)(i) and (ii)

Omit “making of the false or misleading statement”, substitute “giving of the false or misleading information”.

 9 Paragraph 129ACA(6)(b)

Omit “making of the statement”, substitute “giving of the false or misleading information”.

 10 Application provision 1

The amendments made by this Schedule apply in relation to an amount paid before, on or after the commencement of this Schedule.

 2

However, the amendments made by this Schedule do not affect rights or liabilities arising between parties to proceedings:

 a

in which judgment is reserved by a court on or before the commencement of this Schedule; or

 b

which have been heard and finally determined by a court on or before the commencement of this Schedule;

to the extent those rights or liabilities arose from, or were affected by, the application of section 129AC or 129ACA, as in force before the commencement of this Schedule.

[Minister’s second reading speech made in—

House of Representatives on 29 October 2020

Senate on 9 December 2020]

(142/20)