Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document

HEALTH LEGISLATION AMENDMENT BILL 1983

The Senate, according to Order, resolved itself into Committee for the further consideration of the Bill.

In the Committee

Consideration resumed of clauses 31 to 39.

Ordered-That clauses 38 and 39 be considered separately.

Clauses 31 to 37 further considered.

Paper: The Minister for Social Security (Senator Grimes) laid upon the Table the following Paper: Medicare Program-Letter from the Commonwealth Minister for Health (Dr Blewett) to the Tasmanian Minister for Health (Mr Cleary), dated 20 September 1983.

Clauses 31 to 37 agreed to.

Ordered-That further consideration of clause 38 be postponed.

Clause 39 agreed to.

Clause 40 read- On the motion of Senator Baume the following amendment was debated and agreed to: Page 25, proposed new sub-section 33 (1), line 30, leave out ''12'', insert ''8''.

Clause 40, as amended, further debated and agreed to.

Clauses 41 to 44, by leave, taken together and agreed to.

Clause 45 read- Senator Baume moved an amendment, viz: Page 27, proposed new paragraph 38 (1) (b), line 23, after ''sub-section'', insert ''18 (2) or''.

Debate ensued.

Question-That the words proposed to be inserted be inserted-put.

The Committee divided

AYES, 25

Senators- Archer Baume Boswell Carrick, Sir John Chaney Collard Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Harradine Hill Jessop Kilgariff Lajovic Lewis Messner Missen Rae, Peter Reid (Teller) Teague Townley Walters Watson Withers

NOES, 32

Senators- Bolkus Button Childs Chipp Coates Coleman Colston Cook Crowley Elstob Evans, Gareth Evans, Jack Foreman Georges Gietzelt Giles Grimes Haines Jones McClelland Macklin Maguire Mason Ray, Robert Reynolds Richardson Robertson (Teller) Ryan Sibraa Tate Walsh Zakharov

Amendment negatived accordingly.

Clause 45 agreed to.

Clauses 46 to 48, by leave, taken together and agreed to.

Clause 49 read- On the motion of Senator Baume the following amendment was debated and agreed to: Page 29, paragraph (1) (b), lines 8 and 9, leave out the paragraph.

On the motion of Senator Haines the following amendment was debated and agreed to: Page 29, after paragraph (1) (a), add the following new paragraph: ''(b) by adding at the end of sub-section (2) the following words 'and such other organizations and associations as the Minister considers appropriate'.''.

Clause 49, as amended, agreed to.

Clauses 50 to 56, by leave, taken together and agreed to.

Clause 57 debated and agreed to.

Clauses 58 to 64, by leave, taken together and agreed to.

Clause 65 agreed to.

Clause 66 debated and agreed to.

Clause 67 read- Senator Harradine moved an amendment, viz: Page 34, sub-clause (1), at end of proposed new section 5, add the following new sub-section: ''(2) Nothing in sub-section (1) authorizes the Commission so to perform the functions referred to in that sub-section as to permit the issue of a medicare card to a child in respect of whom the family allowance is paid without the authority of the child's parent or guardian, or of another person authorized by the child's parent or guardian to give such authority.''.

Debate ensued.

Senator Harradine, by leave, amended his amendment to read as follows: Page 34, sub-clause (1), at end of proposed new section 5, add the following new sub-section: ''(2) Nothing in sub-section (1) authorizes the Commission so to perform the functions referred to in that sub-section as to permit the issue of a medicare card to a child who has not attained the age of 18 years and in respect of whom the family allowance is paid without the authority of the child's parent or guardian, or of a person authorized by the child's parent or guardian to give such authority.''.

Debate continued.

Question-That the words proposed to be added be added-put and negatived.

Clause 67 agreed to.

Clauses 68 to 70, by leave, taken together and agreed to.

Clause 71 debated and agreed to.

Clause 72 agreed to.

Clause 73 read- On the motion of Senator Baume the following amendment was debated and agreed to: Page 36, after proposed new sub-section 8J (2), add the following new sub-section: ''(3) Sections 48, 49, 49A and 50 of the Acts Interpretation Act 1901 apply in relation to directions under sub-section (1) as if in those sections references to regulations were references to directions, references to a regulation were references to a direction and references to a repeal were references to a revocation.''.

Clause 73, as amended, agreed to.

Clause 74 agreed to.

Clauses 75 to 84, by leave, taken together and agreed to.

Clause 85 agreed to.

Clauses 86 and 87, by leave, taken together and agreed to.

Clauses 88 to 100, by leave, taken together, debated and agreed to.

Clause 101 read- On the motion of Senator Baume the following amendment was debated and agreed to: Page 53, proposed new sub-section 73BAC (2), line 41, leave out ''notice'', insert ''direction''.

Clause 101, as amended, agreed to.

Clauses 102 to 106, by leave, taken together and agreed to.

Clause 107 read- On the motion of Senator Baume the following amendment was debated and agreed to: Page 56, line 20, at end of clause, add ''and substituting 'or served under sub-section 73BAC (2)'.''.

Clause 107, as amended, agreed to.

Clauses 108 to 131, by leave, taken together and agreed to.

Consideration resumed of postponed clause 38.

Paper: Senator Peter Rae, by leave, laid upon the Table the following Paper: Medicare Program-Text of a telex from the Premier of Tasmania (Mr Gray) to the Prime Minister (Mr Hawke).

Debate continued.

Senator Peter Rae moved-That further consideration of clause 38 be postponed.

Question-put.

The Committee divided

AYES, 23

Senators- Archer Baume Boswell Carrick, Sir John Chaney Collard (Teller) Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Harradine Hill Jessop Kilgariff Lajovic Lewis Messner Rae, Peter Reid Teague Townley Walters Withers

NOES, 31

Senators- Bolkus Button Childs Chipp Coates Coleman Colston Crowley Elstob Evans, Gareth Evans, Jack Foreman Georges Gietzelt Giles Grimes Haines Jones (Teller) McClelland Macklin Maguire Mason Ray, Robert Reynolds Richardson Robertson Ryan Sibraa Tate Walsh Zakharov

And so it was negatived.

Clause 38 agreed to.

Remainder of Bill, by leave, taken as a whole and agreed to.

Bill, as amended, agreed to.

Bill to be reported with amendments.

The Acting Deputy-President (Senator Collard) resumed the Chair; and the Chairman of Committees (Senator Hamer) reported accordingly.

On the motion of the Minister for Social Security (Senator Grimes) the Report from the Committee was adopted, and the Bill read a third time.