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National Health Amendment (Pharmaceutical and Other Benefits—Cost Recovery) Bill 2008

Schedule 1 Cost recovery

   

National Health Act 1953

1  After Division 4B of Part VII

Insert:

Division 4C Cost recovery

Subdivision A Preliminary

99YB   What this Division is about

This Division enables fees to be charged for certain services provided by the Commonwealth in order to recover the cost to the Commonwealth of providing those services. Those services relate to the exercise of certain powers of the Minister under this Act.

Subdivision B provides for regulations to set out the fees that are payable for those services, as well as other matters relating to the payment of those fees and the provision of those services (including some consequences of failing to pay a fee).

Subdivision C sets out another possible consequence of failing to pay a fee by providing for the Minister to refuse to exercise certain powers until the fee is paid.

Subdivision B Payment of fees etc. for certain services

99YBA   Payment of fees etc. for certain services

             (1)  The regulations may make provision in relation to services provided by the Commonwealth in relation to the exercise of a power by the Minister under any of the following:

                     (a)  section 9B;

                     (b)  a provision in Part VII (other than a provision in that Part prescribed by the regulations).

             (2)  Without limiting subsection (1), the regulations may make provision in relation to the following:

                     (a)  the making of applications for those services;

                     (b)  prescribing fees for those services;

                     (c)  the time that prescribed fees are due and payable (including extending the time for payment of the fees);

                     (d)  the manner of payment of prescribed fees (including payment by instalments);

                     (e)  the payment of penalties in respect of late payment of prescribed fees;

                      (f)  exemptions from prescribed fees;

                     (g)  the waiver, remission or refund of prescribed fees;

                     (h)  the refusal to provide those services until a prescribed fee is paid;

                      (i)  the review of decisions made under the regulations.

             (3)  A prescribed fee must not be such as to amount to taxation.

             (4)  A prescribed fee is payable to the Commonwealth.

             (5)  A prescribed fee that is due and payable may be recovered by the Commonwealth as a debt due to the Commonwealth.

Subdivision C Consequences if fees not paid

99YBB   Minister may refuse to exercise certain powers if prescribed fees not paid

             (1)  If:

                     (a)  a person applies for a service referred to in subsection 99YBA(1) in relation to the exercise of a power by the Minister; and

                     (b)  either:

                              (i)  a fee prescribed under paragraph 99YBA(2)(b) is payable by the person for the service; or

                             (ii)  a fee prescribed under paragraph 99YBA(2)(b) is payable by the person for another service referred to in subsection 99YBA(1) that the person has applied for;

then, without limiting any power the Minister may otherwise have under section 9B or this Part, the Minister may refuse to exercise the power until the prescribed fee is paid.

             (2)  A refusal referred to in subsection (1) is not a legislative instrument.