Commonwealth: Human Services Legislation Amendment Act 2005 (Cth)

Human Services Legislation Amendment Act 2005 Act No. 111 of 2005 as amended This compilation was prepared on 27 September 2011 taking into account amendments up to Act No. 100 of 2011 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney‑General's Department, Canberra Contents 1 Short title [see Note 1] 2 Commencement 3 Schedule(s) Schedule 1—Amendments relating to the Commonwealth Services Delivery Agency Part 1—Amendment of the Commonwealth Services Delivery Agency Act 1997 Commonwealth Services Delivery Agency Act 1997 Part 2—Consequential amendments Health Insurance Act 1973 Part 3—Transitional provisions Schedule 2—Amendments relating to the Health Insurance Commission Part 1—Amendment of the Health Insurance Commission Act 1973 Health Insurance Commission Act 1973 Part 2—Consequential amendments Administrative Decisions (Judicial Review) Act 1977 Aged Care Act 1997 Age Discrimination Act 2004 A New Tax System (Family Assistance) (Administration) Act 1999 Freedom of Information Act 1982 Health and Other Services (Compensation) Act 1995 Health and Other Services (Compensation) Care Charges Act 1995 Health Insurance Act 1973 Hearing Services Administration Act 1997 Income Tax Assessment Act 1936 Medical Indemnity Act 2002 Medical Indemnity (Prudential Supervision and Product Standards) Act 2003 National Health Act 1953 Occupational Health and Safety (Commonwealth Employment) Act 1991 Private Health Insurance Incentives Act 1998 Remuneration and Allowances Act 1990 Social Security Act 1991 Part 3—Transitional provisions Notes An Act to amend legislation relating to the delivery of Commonwealth services, and for related purposes 1 Short title [see Note 1] This Act may be cited as the Human Services Legislation Amendment Act 2005. 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 Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 6 September 2005 2. Schedule 1 A single day to be fixed by Proclamation. 1 October 2005 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. (see F2005L02671) 3. Schedule 2, items 1 and 2 A single day to be fixed by Proclamation. 1 October 2005 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. (see F2005L02671) 4. Schedule 2, item 3 Immediately after the commencement of the provision(s) covered by table item 3. 1 October 2005 5. Schedule 2, items 4 to 29 At the same time as the provision(s) covered by table item 3. 1 October 2005 6. Schedule 2, item 30 Immediately after the commencement of the provision(s) covered by table item 7. 1 October 2005 7. Schedule 2, items 31 to 731 At the same time as the provision(s) covered by table item 3. 1 October 2005 Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act. 3 Schedule(s) Each Act 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. Schedule 1—Amendments relating to the Commonwealth Services Delivery Agency Part 1—Amendment of the Commonwealth Services Delivery Agency Act 1997 Commonwealth Services Delivery Agency Act 1997 1 Section 3 (definition of Agency) Omit "body called the". 2 Section 3 (definition of appointed member) Repeal the definition. 3 Section 3 (definition of Board) Repeal the definition. 4 Section 3 (definition of Chairman) Repeal the definition. 5 Section 3 Insert: Chief Executive Officer means the Chief Executive Officer appointed under section 29. 6 Section 3 (definition of member) Repeal the definition. 7 Part 2 (heading) Repeal the heading, substitute: Part 2—Establishment of Agency 8 Subsection 6(1) Omit "A body called the", substitute "The". 9 Paragraph 6(2)(a) Repeal the paragraph. 10 At the end of section 6 Add: (3) The Agency may also be known as Centrelink. 11 After section 6 Insert: 6A Function of Agency The function of the Agency is to assist the Chief Executive Officer in the performance of the Chief Executive Officer's functions. 12 Before section 7 Insert: Part 3—The Chief Executive Officer Division 1—Powers and functions of Chief Executive Officer 13 Subsection 7(1) After "may", insert ", with the written approval of the Minister,". 14 Subsection 7(2) Omit all the words after "provision of the services". 15 At the end of section 7 Add: (3) Without limiting subsection (1) or (2), arrangements for the provision of Commonwealth services may include arrangements for: (a) making the Chief Executive Officer or specified employees, or employees in specified classes of employees, available to exercise powers or perform functions in connection with the provision of the services (including powers and functions delegated to the Chief Executive Officer or employees under other laws); or (b) determining a person's eligibility for, or entitlement to receive or have access to, the services; or (c) maintaining records related to the provision of the services; or (d) providing Commonwealth authorities and other persons with information related to the provision of the services; or (e) undertaking education, compliance, investigation and enforcement activities related to the provision of the services; or (f) recovering overpayments and other amounts due to the Commonwealth in connection with the provision of the services; or (g) conducting litigation or proceedings related to the provision of the services. (4) Arrangements for the provision of Commonwealth services may also include agreements covered by section 8A. (5) An approval given by the Minister under this section is not a legislative instrument. 16 Subsection 8(1) Omit "Agency" (first occurring), substitute "Chief Executive Officer". Note: The heading to section 8 is replaced by the heading "Functions of Chief Executive Officer". 17 Paragraph 8(1)(b) Omit "Agency", substitute "Chief Executive Officer". 18 Paragraph 8(1)(c) Omit "written notice given to the Chairman, directs the Agency", substitute "writing, directs the Chief Executive Officer". 19 Paragraph 8(1)(d) Omit "its", substitute "his or her". 20 Subsection 8(2) Repeal the subsection, substitute: (2) A direction made under paragraph (1)(c) is a legislative instrument, but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to the direction. 21 After section 8 Insert: 8A Agreements about exercise and performance of Chief Executive Officer's powers and functions The Chief Executive Officer may enter into a written agreement with the principal officer of a Commonwealth authority about the exercise or performance of the Chief Executive Officer's powers or functions. 22 Subsection 9(1) Repeal the subsection, substitute: (1) The Minister may, by writing, give directions to the Chief Executive Officer about the exercise or performance of the Chief Executive Officer's powers or functions. Note: The heading to section 9 is altered by omitting "the performance of the Agency's functions" and substituting "exercise and performance of Chief Executive Officer's powers and functions". 23 After subsection 9(1) Insert: (1A) Without limiting subsection (1), directions under this section may include directions about the following: (a) the objectives, strategies, policies or priorities of the Chief Executive Officer or the Agency; (b) the manner in which the Chief Executive Officer exercises or performs his or her powers or functions; (c) the manner in which the Agency performs its function. (1B) The Minister must not give a direction under this section about the exercise or performance of powers or functions in relation to a particular individual or company. Note: See also section 19 of the Public Service Act 1999 which provides that an Agency Head is not subject to direction by any Minister in relation to the exercise of powers by the Agency Head under Division 1 or 2 of Part 4 of that Act in relation to particular individuals. 24 Subsection 9(2) Omit "annual report for the Agency", substitute "Chief Executive Officer's annual report". 25 Subsection 9(3) Repeal the subsection, substitute: (3) The Chief Executive Officer must comply with a direction given under this section. (4) A direction given under this section is not a legislative instrument. 26 Section 10 Repeal the section, substitute: 10 Minister may request information (1) The Minister may, by writing, request the Chief Executive Officer to give the Minister information about: (a) the exercise or performance of the Chief Executive Officer's powers or functions; or (b) the operation of the Agency. (2) The Chief Executive Officer must, within a reasonable time, comply with a request under this section. (3) A request made under this section is not a legislative instrument. 11 Management of Agency The Chief Executive Officer is, under the Minister, responsible for: (a) deciding the objectives, strategies, policies and priorities of the Agency; and (b) managing the Agency; and (c) ensuring that the Agency performs its function in a proper, efficient and effective manner. 12 Delegation (1) The Chief Executive Officer may, by writing, delegate to an employee all or any of the powers or functions of the Chief Executive Officer under this Act or any other Act. (2) However, the Chief Executive Officer must not delegate powers or functions conferred on him or her under another Act if the delegation is inconsistent with the express provisions of that Act. (3) The Chief Executive Officer may, by writing, delegate to an employee all or any of the powers or functions delegated to the Chief Executive Officer under another Act. (4) However, the Chief Executive Officer must not delegate powers or functions delegated to him or her under another Act if the delegation by the Chief Executive Officer would be inconsistent with the express provisions of that Act. 27 Part 3 Repeal the Part. 28 Part 4 (heading) Repeal the heading. 29 Division 1 of Part 4 (heading) Repeal the heading, substitute: Division 2—Appointment etc. of Chief Executive Officer 30 Subsection 29(2) Omit "by the Board in writing after consultation between the Chairman and", substitute "in writing by". 31 At the end of section 29 Add: (4) The Chief Executive Officer holds office for the period specified in the instrument of appointment. The period must not exceed 5 years. 32 Section 30 Repeal the section, substitute: 30 Remuneration (1) The Chief Executive Officer is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Chief Executive Officer is to be paid the remuneration that is prescribed. (2) The Chief Executive Officer is to be paid the allowances that are prescribed. (3) This section has effect subject to the Remuneration Tribunal Act 1973. 30A Leave of absence (1) The Chief Executive Officer has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) The Minister may grant the Chief Executive Officer leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines. 30B Other terms and conditions The Chief Executive Officer holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister in writing. 30C Termination of appointment (1) The Minister may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity. (2) The Minister may terminate the appointment of the Chief Executive Officer if: (a) the Chief Executive Officer: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with his or her creditors; or (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (b) the Chief Executive Officer is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (c) the Chief Executive Officer engages, except with the Minister's approval, in paid employment outside the duties of his or her office. (3) The Minister must terminate the appointment of the Chief Executive Officer if, in the Minister's opinion, the performance of the Chief Executive Officer has been unsatisfactory for a significant period of time. 33 Subsection 31(1) Omit "Board", substitute "Minister". 34 Subsection 31(2) After "by", insert "or in relation to". 35 Paragraph 31(2)(b) Omit "in or". 36 Sections 32 and 33 Repeal the sections. 37 Section 34 Omit "Chairman", substitute "Minister". 38 Division 2 of Part 4 (heading) Repeal the heading, substitute: Part 4—Staff of the Agency 39 Subsection 35(1) Omit "Division", substitute "Part". 40 Section 36 Repeal the section. 41 Subsection 38(1) Omit "Chairman's", substitute "Chief Executive Officer's". 42 Section 39 Repeal the section, substitute: 39 Chief Executive Officer may charge for services The Chief Executive Officer may charge fees for services he or she provides in connection with the performance of his or her functions. 43 Subsection 40(1) Repeal the subsection, substitute: (1) The Chief Executive Officer must, as soon as practicable after the end of each financial year, prepare and give the Minister a report on: (a) the exercise and performance of the powers and functions of the Chief Executive Officer during that year; and (b) the operations of the Agency during that year. Note: The heading to section 40 is replaced by the heading "Chief Executive Officer's annual report". Part 2—Consequential amendments Health Insurance Act 1973 44 Subsection 3(1) Insert: Centrelink CEO means the Chief Executive Officer of Centrelink. 45 Subsection 3(1) (definition of CEO) Repeal the definition. 46 Subsection 3(1) (definition of employee) Repeal the definition. 47 Subsection 3(1) Insert: employee of Centrelink means an employee within the meaning of the Commonwealth Services Delivery Agency Act 1997. 48 Subsection 3(1) (definition of Services Delivery Agency) Repeal the definition. 49 Paragraph 130(6)(ca) Repeal the paragraph, substitute: (ca) the Centrelink CEO or an employee of Centrelink; or 50 Paragraph 130(7)(e) Omit "CEO or an employee of the Services Delivery Agency", substitute "Centrelink CEO or an employee of Centrelink". 51 Paragraph 130(9)(aa) Omit "CEO or an employee of the Services Delivery Agency", substitute "Centrelink CEO or an employee of Centrelink". 52 Subsection 130G(1) Omit "CEO", substitute "Centrelink CEO". 53 Subsection 130G(1) Omit "the Services Delivery Agency", substitute "Centrelink". 54 Subsection 131A(1) Omit "CEO or an employee of the Services Delivery Agency", substitute "Centrelink CEO or an employee of Centrelink". 55 Subsection 131A(1) Omit "to the Services Delivery Agency", substitute "to Centrelink". 56 Subsection 131A(2) Omit "the Services Delivery Agency", substitute "Centrelink". 57 Subsection 131A(3) Omit "the Services Delivery Agency", substitute "Centrelink". 58 Paragraph 131A(4)(a) Omit "CEO or an employee of the Services Delivery Agency", substitute "Centrelink CEO or an employee of Centrelink". 59 Paragraph 131A(4)(c) Omit "CEO", substitute "Centrelink CEO". 60 Paragraph 131A(4)(d) Omit "the Services Delivery Agency", substitute "Centrelink". 61 Paragraph 131A(4)(e) Omit "the Services Delivery Agency", substitute "Centrelink". Part 3—Transitional provisions 62 Definitions (1) In this Part: amend includes repeal and remake. Board means the Board within the meaning of the old law. Centrelink means the Commonwealth Services Delivery Agency. CEO means the Chief Executive Officer of Centrelink. Chairman means the Chairman of the Board. commencement time means the time when this Part commences. instrument: (a) includes: (i) a contract, deed, undertaking or agreement; and (ii) a notice, authority, order or instruction; and (iii) an instrument made under an Act or regulations; but (b) does not include an Act or regulations. new law means the Commonwealth Services Delivery Agency Act 1997 as in force after the commencement time. old law means the Commonwealth Services Delivery Agency Act 1997 as in force before the commencement time. (2) In this Part, unless a contrary intention is expressed, a reference to a law (however described) is a reference to a law of the Commonwealth. 63 CEO to continue The person who was the CEO immediately before the commencement time continues to be the CEO immediately after the commencement time and holds office as if: (a) his or her appointment by the Board under section 29 of the old law (the first appointment) were terminated immediately before the commencement time; and (b) he or she were appointed for the remainder of the term of his or her first appointment by the Minister under Division 2 of Part 3 of the new law immediately after the commencement time. 64 Operation of laws—things done by, or in relation to, Centrelink (1) If, before the commencement time, a thing was done by, or in relation to, Centrelink, the Board or the Chairman, then, for the purposes of the operation of any law after the commencement time, the thing is taken to have been done by, or in relation to, the CEO. (2) For the purposes of subitem (1), a thing done before the commencement time under a provision amended by this Schedule has effect from that time as if it were done under that provision as amended. However, this is not taken to change the time at which the thing was actually done. (3) The Minister may, by writing, determine that subitem (1): (a) does not apply in relation to a specified thing done by, or in relation to, Centrelink, the Board or the Chairman; or (b) applies as if the reference in that subitem to the CEO were a reference to the Commonwealth or to Centrelink. A determination under this subitem has effect accordingly. (4) The regulations may provide for a thing specified in a determination under paragraph (3)(a) to be taken to have been done by, or in relation to, a person or body other than the CEO, the Commonwealth or Centrelink. (5) To avoid doubt, for the purposes of this item, doing a thing includes making an instrument. (6) A determination made under subitem (3) is not a legislative instrument. 65 References in instruments (1) If: (a) an instrument is in force immediately before the commencement time; and (b) the instrument contains a reference to Centrelink (however described), the Board or the Chairman; the instrument has effect from the commencement time as if the reference to Centrelink, the Board or the Chairman were a reference to the CEO. (2) The Minister may, by writing, determine that subitem (1): (a) does not apply in relation to a specified reference; or (b) applies as if the reference in that subitem to the CEO were a reference to the Commonwealth or to Centrelink. A determination under this subitem has effect accordingly. (3) The regulations may provide that an instrument containing a reference specified in a determination under paragraph (2)(a) has effect from the commencement time as if the reference were a reference to a person or body other than the CEO, the Commonwealth or Centrelink. (4) A determination made under subitem (2) is not a legislative instrument. 66 Transfer of records At the commencement time, the records and documents of Centrelink become the records and documents of the CEO. 67 Financial statements and other reporting requirements Financial statements (1) If: (a) immediately before the commencement time, a law required Centrelink, the Board or the Chairman to provide financial statements for a period; and (b) the period ends after the commencement time; the CEO must, within 3 months after the commencement time, provide the statements for so much of the period as occurs before the commencement time. Other reporting requirements (2) If: (a) immediately before the commencement time, a law required Centrelink, the Board or the Chairman to provide a report (other than financial statements) for a period; and (b) the period ends after the commencement time; the CEO must provide the report, as required, for so much of the period as occurs before the commencement time. (3) If: (a) under subitem (2), the CEO is required to provide a report for a part of a period; and (b) the CEO is also required to provide a similar report for the remainder of the period; the CEO may meet the requirements in a single report for the period. Outstanding reporting requirements (4) If: (a) a law required Centrelink, the Board or the Chairman to provide a report (whether financial statements or otherwise) for a period that ended before the commencement time; and (b) the report has not been provided by the commencement time; the CEO must provide the report as required. 68 Substitution of parties to proceedings If, immediately before the commencement time, any proceedings to which Centrelink, the Board or the Chairman was a party were pending in any court or tribunal, then, from the commencement time, the CEO is substituted for Centrelink, the Board or the Chairman as a party to the proceedings. 69 Constitutional safety net—acquisition of property (1) If: (a) a provision of this Schedule would result in an acquisition of property; and (b) the provision would not be valid, apart from this item, because a particular person has not been compensated; the Commonwealth must pay that person: (c) a reasonable amount of compensation agreed on between the person and the Commonwealth; or (d) failing agreement—a reasonable amount of compensation determined by a court of competent jurisdiction. (2) Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this item must be taken into account in assessing compensation payable in a proceeding begun under this item and arising out of the same event or transaction. (3) In this item: acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution. 70 Delegation by Minister (1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Part to: (a) the Secretary of the Department; or (b) an SES employee, or acting SES employee, in the Department; or (c) the CEO. (2) In exercising or performing powers or functions under a delegation, the delegate must comply with any directions of the Minister. (3) A power delegated to the CEO under subitem (1) must not be sub‑delegated under subsection 12(3) of the new law. 71 Regulations (1) The Governor‑General may make regulations prescribing matters: (a) required or permitted by this Schedule to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Schedule. (2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule. Schedule 2—Amendments relating to the Health Insurance Commission Part 1—Amendment of the Health Insurance Commission Act 1973 Health Insurance Commission Act 1973 1 Title Repeal the title, substitute: An Act to establish Medicare Australia, and for related purposes 2 Section 1 Omit "Health Insurance Commission", substitute "Medicare Australia". Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act's previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901). 3 Subsection 3(1) Omit "(1)". 4 Subsection 3(1) (definition of Australian Public Service) Repeal the definition. 5 Subsection 3(1) (definition of authorised officer) Omit "Managing Director or an officer of the Commission who is appointed by the Managing Director", substitute "Chief Executive Officer or an employee who is appointed by the Chief Executive Officer". 6 Subsection 3(1) Insert: benefit includes: (a) a pension, allowance, concession or payment; and (b) a card entitling its holder to a concession or a payment of any kind. 7 Subsection 3(1) (definition of Chairperson) Repeal the definition. 8 Subsection 3(1) Insert: Chief Executive Officer means the Chief Executive Officer appointed under section 8AG. 9 Subsection 3(1) (definition of Commission) Repeal the definition. 10 Subsection 3(1) Insert: Commonwealth authority means: (a) a Department of State; or (b) a body, other than Medicare Australia, established for a public purpose by or under a law of the Commonwealth. 11 Subsection 3(1) Insert: Commonwealth service means a service, benefit, program or facility for some or all members of the public that is provided for by the Commonwealth, whether under a law of the Commonwealth or otherwise. 12 Subsection 3(1) Insert: employee means a member of the staff of Medicare Australia referred to in subsection 20(1). 13 Subsection 3(1) (definition of Finance Minister) Repeal the definition. 14 Subsection 3(1) (definition of Managing Director) Repeal the definition. 15 Subsection 3(1) (definition of medicare functions) Omit "Commission", substitute "Chief Executive Officer". 16 Subsection 3(1) (definition of officer) Repeal the definition. 17 Subsection 3(1) (definition of officer assisting) After "Division 4", insert "of Part IID". 18 Subsection 3(1) (paragraph (a) of the definition of officer assisting) Omit "officer of the Commission", substitute "employee". 19 Subsection 3(1) (paragraph (b) of the definition of officer assisting) Omit "officer of the Commission", substitute "employee". 20 Subsection 3(1) (definition of part‑time Commissioner) Repeal the definition. 21 Subsection 3(1) Insert: principal officer means: (a) in relation to a Department of State—the Secretary of the Department; or (b) in relation to any other Commonwealth authority—the person identified by the regulations as the principal officer of the authority. 22 Subsection 3(1) Insert: service arrangements means arrangements entered into under subsection 7(2). 23 Subsection 3(1) (definition of service delivery functions) Omit "Commission", substitute "Chief Executive Officer". 24 Subsection 3(1) (definition of spare capacity functions) Repeal the definition. 25 Subsection 3(1) (definition of warrant premises) After "Division 4", insert "of Part IID". 26 Subsection 3(2) Repeal the subsection. 27 Part II (heading) Repeal the heading, substitute: Part II—Establishment of Medicare Australia 28 Section 4 Repeal the section, substitute: 4 Establishment of Medicare Australia (1) Medicare Australia is established by this section. (2) Medicare Australia comprises: (a) the Chief Executive Officer; and (b) the employees. 4A Function of Medicare Australia The function of Medicare Australia is to assist the Chief Executive Officer in the performance of the Chief Executive Officer's functions. 29 Before section 5 Insert: Part IIA—The Chief Executive Officer Division 1—Powers and functions of Chief Executive Officer 30 Section 5 Before "The", insert "(1)". 31 Section 5 Omit "Commission", substitute "Chief Executive Officer". Note: The heading to section 5 is altered by omitting "the Commission" and substituting "Chief Executive Officer". 32 Paragraphs 5(c), (d) and (e) Repeal the paragraphs, substitute: (c) any functions conferred on the Chief Executive Officer under any other Act; (d) any functions that the Minister, by writing, directs the Chief Executive Officer to perform; (e) any functions that are prescribed by the regulations; (f) to do anything incidental to or conducive to the performance of any of the above functions. 33 At the end of section 5 Add: (2) A direction made under paragraph (1)(d) is a legislative instrument, but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to the direction. 34 Section 6 Repeal the section, substitute: 6 Chief Executive Officer's medicare functions The Chief Executive Officer's medicare functions are the functions conferred on the Chief Executive Officer by or under the Health Insurance Act 1973. 35 Subsection 7(1) Omit "Commission's", substitute "Chief Executive Officer's". Note: The heading to section 7 is altered by omitting "Commission's" and substituting "Chief Executive Officer's". 36 Subsection 7(2) Omit "Commission", substitute "Chief Executive Officer". 37 Subsection 7(3) Omit all the words after "provision of the services". 38 Subsections 7(4) and (5) Repeal the subsections, substitute: (4) Without limiting subsection (2) or (3), arrangements for the provision of Commonwealth services may include arrangements for: (a) making the Chief Executive Officer or specified employees, or employees in specified classes of employees, available to exercise powers or perform functions in connection with the provision of the services (including powers and functions delegated to the Chief Executive Officer or employees under other laws); or (b) determining a person's eligibility for, or entitlement to receive or have access to, the services; or (c) maintaining records related to the provision of the services; or (d) providing Commonwealth authorities and other persons with information related to the provision of the services; or (e) undertaking education, compliance, investigation and enforcement activities related to the provision of the services; or (f) recovering overpayments and other amounts due to the Commonwealth in connection with the provision of the services; or (g) conducting litigation or proceedings related to the provision of the services. (5) Arrangements for the provision of Commonwealth services may also include agreements covered by section 7A. (6) An approval given by the Minister under this section is not a legislative instrument. 39 Sections 8 to 8AB Repeal the sections, substitute: 7A Agreements about exercise and performance of Chief Executive Officer's powers and functions The Chief Executive Officer may enter into a written agreement with a Minister or the principal officer of a Commonwealth authority about the exercise or performance of the Chief Executive Officer's powers or functions. 8 Ministerial directions about exercise and performance of Chief Executive Officer's powers and functions (1) The Minister may, by writing, give directions to the Chief Executive Officer about the exercise or performance of the Chief Executive Officer's powers or functions. (2) Without limiting subsection (1), directions under this section may include directions about the following: (a) the objectives, strategies, policies or priorities of the Chief Executive Officer or Medicare Australia; (b) the manner in which the Chief Executive Officer exercises or performs his or her powers or functions; (c) the manner in which Medicare Australia performs its function. (3) The Minister must not give a direction under this section about the exercise or performance of powers or functions in relation to a particular individual or company. Note: See also section 19 of the Public Service Act 1999 which provides that an Agency Head is not subject to direction by any Minister in relation to the exercise of powers by the Agency Head under Division 1 or 2 of Part 4 of that Act in relation to particular individuals. (4) Particulars of any directions given by the Minister under this section in a financial year must be included in the Chief Executive Officer's annual report for that year. (5) The Chief Executive Officer must ensure that a direction given under this section is complied with. (6) A direction given under this section is not a legislative instrument. 8AA Minister may request information (1) The Minister may, by writing, request the Chief Executive Officer to give the Minister information about: (a) the exercise or performance of the Chief Executive Officer's powers or functions; or (b) the operation of Medicare Australia. (2) The Chief Executive Officer must, within a reasonable time, comply with a request under this section. (3) A request made under this section is not a legislative instrument. 8AB Management of Medicare Australia The Chief Executive Officer is, under the Minister, responsible for: (a) deciding the objectives, strategies, policies and priorities of Medicare Australia; and (b) managing Medicare Australia; and (c) ensuring that Medicare Australia performs its function in a proper, efficient and effective manner. 8AC Delegation (1) The Chief Executive Officer may, by writing, delegate to an employee all or any of the powers or functions of the Chief Executive Officer under this Act or any other Act. (2) However, the Chief Executive Officer must not delegate powers or functions conferred on him or her under another Act if the delegation is inconsistent with the express provisions of that Act. (3) The Chief Executive Officer may, by writing, delegate to an employee all or any of the powers or functions delegated to the Chief Executive Officer under another Act. (4) However, the Chief Executive Officer must not delegate powers or functions delegated to him or her under another Act if the delegation by the Chief Executive Officer would be inconsistent with the express provisions of that Act. 8AD Commonwealth consent to conferral of powers etc. on Chief Executive Officer by State and Territory laws (1) A law of a State or Territory may confer powers or functions, or impose duties, on the Chief Executive Officer. Note: Section 8AF sets out when such a law imposes a duty on the Chief Executive Officer. (2) Subsection (1) does not authorise the conferral of a power or function, or the imposition of a duty, by a law of a State or Territory to the extent to which: (a) the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on the Chief Executive Officer; or (b) the authorisation would otherwise exceed the legislative power of the Commonwealth. (3) The Chief Executive Officer cannot exercise a power, or perform a duty or function, under a law of a State or Territory without the written approval of the Minister. 8AE How duty is imposed on Chief Executive Officer by State and Territory laws Application (1) This section applies if a law of a State or Territory purports to impose a duty on the Chief Executive Officer. Note: Section 8AF sets out when such a law imposes a duty on the Chief Executive Officer. State or Territory legislative power sufficient to support duty (2) The duty is taken not to be imposed by this Act (or any other law of the Commonwealth) to the extent to which: (a) imposing the duty is within the legislative powers of the State or Territory concerned; and (b) imposing the duty by the law of the State or Territory is consistent with the constitutional doctrines restricting the duties that may be imposed on the Chief Executive Officer. Note: If this subsection applies, the duty will be taken to be imposed by force of the law of the State or Territory (the Commonwealth having consented under section 8AD to the imposition of the duty by that law). Commonwealth legislative power sufficient to support duty but State or Territory legislative powers are not (3) If, to ensure the validity of the purported imposition of the duty, it is necessary that the duty be imposed by a law of the Commonwealth (rather than by the law of the State or Territory), the duty is taken to be imposed by this Act to the extent necessary to ensure that validity. (4) If, because of subsection (3), this Act is taken to impose the duty, it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the imposition of the duty by this Act. (5) The duty is taken to be imposed by this Act in accordance with subsection (3) only to the extent to which imposing the duty: (a) is within the legislative powers of the Commonwealth; and (b) is consistent with the constitutional doctrines restricting the duties that may be imposed on the Chief Executive Officer. (6) Subsections (1) to (5) do not limit section 8AD. 8AF When State and Territory laws impose a duty on Chief Executive Officer For the purposes of sections 8AD and 8AE, a law of a State or Territory imposes a duty on the Chief Executive Officer if: (a) the law confers a power or function on the Chief Executive Officer; and (b) the circumstances in which the power or function is conferred give rise to an obligation on the Chief Executive Officer to exercise the power or to perform the function. Division 2—Appointment etc. of Chief Executive Officer 8AG Appointment (1) There is to be a Chief Executive Officer of Medicare Australia. (2) The Chief Executive Officer is to be appointed in writing by the Minister. (3) The Chief Executive Officer holds office for the period specified in the instrument of appointment. The period must not exceed 5 years. (4) The Chief Executive Officer is to be appointed on a full‑time basis. 8AH Remuneration (1) The Chief Executive Officer is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Chief Executive Officer is to be paid the remuneration that is prescribed. (2) The Chief Executive Officer is to be paid the allowances that are prescribed. (3) This section has effect subject to the Remuneration Tribunal Act 1973. 8AI Leave of absence (1) The Chief Executive Officer has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) The Minister may grant the Chief Executive Officer leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines. 8AJ Other terms and conditions The Chief Executive Officer holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister in writing. 8AK Termination of appointment (1) The Minister may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity. (2) The Minister may terminate the appointment of the Chief Executive Officer if: (a) the Chief Executive Officer: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with his or her creditors; or (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (b) the Chief Executive Officer is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (c) the Chief Executive Officer engages, except with the Minister's approval, in paid employment outside the duties of his or her office. (3) The Minister must terminate the appointment of the Chief Executive Officer if, in the Minister's opinion, the performance of the Chief Executive Officer has been unsatisfactory for a significant period of time. 8AL Acting Chief Executive Officer (1) The Minister may appoint a person to act as the Chief Executive Officer: (a) during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia, or is, for any other reason, unable to perform the functions of the office. (2) Anything done by or in relation to a person purporting to act under an appointment under this section is not invalid merely because: (a) the occasion for the appointment had not arisen; or (b) there was a defect or irregularity in connection with the appointment; or (c) the appointment had stopped having effect; or (d) the occasion for the person to act had not arisen or had stopped. 8AM Resignation The Chief Executive Officer may resign by giving the Minister a written resignation. 40 Part IIC Repeal the Part. 41 Part IID (heading) Repeal the heading, substitute: Part IID—Investigative powers of Chief Executive Officer 42 Subsection 8L(1) Omit "Managing Director", substitute "Chief Executive Officer". 43 Subsection 8L(1) Omit "Commission is conducting in the performance of its functions", substitute "Chief Executive Officer is conducting in the performance of his or her functions". 44 Section 8M Omit "Managing Director", substitute "Chief Executive Officer". 45 Section 8M Omit "officer of the Commission", substitute "employee". 46 Subsection 8N(1) Omit "Managing Director", substitute "Chief Executive Officer". 47 Paragraph 8N(2)(a) Omit "Managing Director", substitute "Chief Executive Officer". 48 Subsection 8N(3) Omit "Managing Director", substitute "Chief Executive Officer". 49 Subsection 8P(1) Omit "The Managing Director or an", substitute "An". Note: The heading to section 8P is altered by omitting "Managing Director" and substituting "Chief Executive Officer". 50 Subsection 8P(1) Omit "Commission if the Managing Director or", substitute "Chief Executive Officer if the". 51 Paragraph 8Q(1)(b) Omit "Commission", substitute "Chief Executive Officer". 52 Paragraph 8Q(1)(c) Omit "officer of the Commission", substitute "employee". 53 Subsection 8Q(3) Omit "officer of the Commission", substitute "employee". 54 Subsection 8Q(4) Omit "officer", substitute "employee". 55 Subsection 8S(2) Omit "section 137.2", substitute "section 137.1 or 137.2". 56 Subsection 8U(6) Omit "Managing Director's instrument in writing referred to in", substitute "relevant instrument made by the Chief Executive Officer under". 57 Paragraph 8Y(2)(b) Omit "Managing Director's instrument in writing referred to in", substitute "relevant instrument made by the Chief Executive Officer under". 58 Subsection 8ZM(1) Omit "Commission", substitute "Chief Executive Officer". 59 Subsection 8ZM(2) Omit "Commission" (wherever occurring), substitute "Chief Executive Officer". 60 Subsection 8ZN(1) Omit "Commission", substitute "Chief Executive Officer". 61 Paragraph 8ZN(2)(b) Omit "Commission", substitute "Chief Executive Officer". 62 Subsection 8ZQ(1) Omit "Commission's", substitute "Chief Executive Officer's". 63 Subsection 8ZQ(2) Omit "Commission's", substitute "Chief Executive Officer's". 64 Parts III, IV and V Repeal the Parts, substitute: Part III—Staff of Medicare Australia 20 Staff (1) Subject to this Part, the staff of Medicare Australia are to be persons engaged under the Public Service Act 1999. (2) For the purposes of the Public Service Act 1999: (a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and (b) the Chief Executive Officer is the Head of that Statutory Agency. 21 Consultants (1) The Chief Executive Officer may engage as consultants persons having suitable qualifications and experience. (2) The terms and conditions of engagement are to be determined by the Chief Executive Officer. 65 Section 41A Repeal the section. 66 Paragraph 41C(1)(a) Omit "the name 'medicare', or", substitute "the name 'medicare' or 'Medicare Australia', or". Note: The heading to section 41C is replaced by the heading "Protection of names and symbols". 67 Paragraphs 41C(1)(b) to (d) Omit "the name 'medicare' or", substitute "the name 'medicare' or 'Medicare Australia' or". 68 Subsection 41C(2) Omit "the name 'medicare' or", substitute "the name 'medicare' or 'Medicare Australia' or". 69 Paragraph 41C(2)(c) Omit "or the Commission", substitute ", the Chief Executive Officer or Medicare Australia". 70 Paragraphs 41C(5)(a) to (c) Repeal the paragraphs, substitute: (a) a reference to the name "medicare" or "Medicare Australia" is to be read as including a reference to a name or expression that so nearly resembles the name as to be capable of being mistaken for the name; and (b) a reference to an official "medicare" or "Medicare Australia" symbol is to be read as a reference to a symbol declared by the regulations to be an official "medicare" or "Medicare Australia" symbol; and (c) a reference to a prescribed symbol is to be read as a reference to an emblem, brand, design, symbol, logo or mark that: (i) is identical with an official "medicare" or "Medicare Australia" symbol; or (ii) so nearly resembles an official "medicare" or "Medicare Australia" symbol as to be capable of being mistaken for an official "medicare" or "Medicare Australia" symbol; and 71 At the end of paragraph 41C(5)(d) Add "and". 72 Subsection 41C(9) Omit "or the Commission" (wherever occurring). 73 Subsection 41C(9) Omit "name 'medicare' or of an official 'medicare' symbol", substitute "name 'medicare' or 'Medicare Australia' or of an official 'medicare' or 'Medicare Australia' symbol". 74 Section 41E Omit "or the Commission". 75 Section 41E Omit "or of the Commission". 76 After section 41E Insert: 41F Chief Executive Officer may charge for services The Chief Executive Officer may charge fees for services he or she provides in connection with the performance of his or her functions. 77 Before subsection 42(1) Insert: (1A) The Chief Executive Officer must, as soon as practicable after the end of each financial year, prepare and give the Minister a report on: (a) the exercise and performance of the powers and functions of the Chief Executive Officer during that year; and (b) the operations of Medicare Australia during that year. Note: The heading to section 42 is replaced by the heading "Chief Executive Officer's annual report". 78 Subsection 42(1) Omit "on the Commission under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include", substitute "must include". 79 At the end of section 42 Add: (3) The Minister must cause a copy of each report under this section to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report. Part 2—Consequential amendments Administrative Decisions (Judicial Review) Act 1977 80 Paragraph (k) of Schedule 2 Omit "Health Insurance Commission". Aged Care Act 1997 81 Paragraph 86‑3(c) Omit "Health Insurance Commission", substitute "Chief Executive Officer of Medicare Australia". Age Discrimination Act 2004 82 Subparagraph 42(5)(a)(i) Omit "Health Insurance Commission", substitute "Chief Executive Officer of Medicare Australia". 83 Paragraph 42(5)(b) Omit "Health Insurance Commission", substitute "Chief Executive Officer of Medicare Australia". A New Tax System (Family Assistance) (Administration) Act 1999 84 Subsection 3(1) (paragraph (d) of the definition of agency) Repeal the paragraph, substitute: (d) Medicare Australia. 85 Subsection 3(1) (paragraph (d) of the definition of head) Omit "the Health Insurance Commission—the Managing Director of the Commission", substitute "Medicare Australia—the Chief Executive Officer of Medicare Australia". 86 Subsection 3(1) (paragraph (b) of the definition of protected information) Omit "the Health Insurance Commission", substitute "Medicare Australia". 87 Subsection 3(1) (after paragraph (b) of the definition of protected information) Insert: (ba) information about a person obtained by an officer under the family assistance law that was held in the records of the Health Insurance Commission; or 88 Paragraph 118(1)(e) Omit "the Health Insurance Commission—the Managing Director of the Commission", substitute "Medicare Australia—the Chief Executive Officer of Medicare Australia". 89 Subsection 234(3) Omit "Managing Director of the Health Insurance Commission", substitute "Chief Executive Officer of Medicare Australia". Freedom of Information Act 1982 90 Division 1 of Part II of Schedule 2 Omit "Health Insurance Commission, in relation to documents in respect of its commercial activities". 91 Division 1 of Part II of Schedule 2 (after item dealing with Indigenous Business Australia) Insert: Medicare Australia, in relation to documents in respect of its commercial activities Health and Other Services (Compensation) Act 1995 92 Subsection 3(1) (definition of Commission) Repeal the definition. 93 Subsection 3(1) Insert: employee of Medicare Australia means an employee within the meaning of the Medicare Australia Act 1973. 94 Subsection 3(1) (definition of Managing Director) Repeal the definition. 95 Subsection 3(1) Insert: Medicare Australia CEO means the Chief Executive Officer of Medicare Australia. 96 Subsection 3(1) (definition of officer of the Commission) Repeal the definition. 97 Paragraph 8(6)(a) Omit "Commission", substitute "Medicare Australia CEO". 98 Paragraph 10(6)(a) Omit "Commission", substitute "Medicare Australia CEO". 99 Section 13 Omit "Commission", substitute "Medicare Australia CEO". 100 Subsections 14(1) and (3) Omit "Managing Director" (wherever occurring), substitute "Medicare Australia CEO". 101 Subsection 17(1) Omit "Managing Director", substitute "Medicare Australia CEO". 102 Subsection 17(1) Omit "Commission", substitute "Medicare Australia CEO". 103 Paragraph 17(3)(a) Omit "Commission", substitute "Medicare Australia CEO". 104 Subsection 17(4) Omit "Managing Director", substitute "Medicare Australia CEO". 105 Subsection 17(5) Omit "Commission", substitute "Medicare Australia CEO". 106 Subsections 17(5A) and (6) Omit "Managing Director", substitute "Medicare Australia CEO". 107 Subsection 18(1) Omit "Commission", substitute "Medicare Australia CEO". 108 Subsection 18(3) Omit "Managing Director", substitute "Medicare Australia CEO". 109 Paragraph 18(4)(b) Omit "Managing Director", substitute "Medicare Australia CEO". 110 Subsection 18(5) Omit "Commission", substitute "Medicare Australia CEO". 111 Subsection 18(6) Omit "Managing Director", substitute "Medicare Australia CEO". 112 Subsection 18(7) Omit "Managing Director" (first occurring), substitute "Medicare Australia CEO". 113 Paragraph 18(7)(c) Omit "Managing Director", substitute "Medicare Australia CEO". 114 Subparagraph 18(7)(c)(ii) Omit "Commission", substitute "Medicare Australia CEO". 115 Paragraph 18(8)(c) Omit "Managing Director", substitute "Medicare Australia CEO". 116 Subsection 18(10) Omit "Managing Director", substitute "Medicare Australia CEO". 117 Subsection 19(1) Repeal the subsection, substitute: (1) If the claimant is dissatisfied with the Medicare Australia CEO's decision about extension of the period, the claimant may apply in writing to the Medicare Australia CEO for the decision to be reconsidered. 118 Subsection 19(3) Omit "Managing Director" (first occurring), substitute "Medicare Australia CEO". 119 Paragraph 19(3)(d) Omit "Managing Director's", substitute "Medicare Australia CEO's". 120 Subsection 19(4) Omit "Managing Director's", substitute "Medicare Australia CEO's". 121 Paragraph 21(1)(a) Omit "Commission", substitute "Medicare Australia CEO". 122 Subsection 21(1) Omit "Managing Director", substitute "Medicare Australia CEO". 123 Subsection 21(3) Omit "Commission", substitute "Medicare Australia CEO". 124 Subsections 21(3) and (5) Omit "Managing Director", substitute "Medicare Australia CEO". 125 Subsection 21(8) Omit "Managing Director" (first occurring), substitute "Medicare Australia CEO". 126 Paragraph 21(8)(a) Omit "Managing Director" (wherever occurring), substitute "Medicare Australia CEO". 127 Subsections 21(9) and (10) Omit "Managing Director", substitute "Medicare Australia CEO". 128 Subsection 21(11) Omit "Commission", substitute "Medicare Australia CEO". 129 Subsection 21(12) Omit "Managing Director" (first occurring), substitute "Medicare Australia CEO". 130 Paragraph 21(12)(b) Omit "Managing Director", substitute "Medicare Australia CEO". 131 Paragraph 21(13)(a) Omit "Managing Director", substitute "Medicare Australia CEO". 132 Paragraph 22(1)(b) Omit "Managing Director", substitute "Medicare Australia CEO". 133 Subsections 23(1), (3), (3A), (4), (5) and (5A) Omit "Commission", substitute "Medicare Australia CEO". 134 Paragraph 23A(1)(b) Omit "Commission", substitute "Medicare Australia CEO". 135 Paragraph 23A(1)(c) Omit "Managing Director", substitute "Medicare Australia CEO". 136 Subparagraphs 23A(1)(d)(i) and (ii) Omit "Managing Director", substitute "Medicare Australia CEO". 137 Subsection 23A(2) Omit "Commission", substitute "Medicare Australia CEO". 138 Subsection 23A(2) (note) Omit "Commission", substitute "Medicare Australia CEO". 139 Subsection 23A(3) Omit "Managing Director", substitute "Medicare Australia CEO". 140 Subsection 23B(1) Omit "Managing Director" (first occurring), substitute "Medicare Australia CEO". 141 Subsection 23B(1) Omit "Commission" (first occurring), substitute "Medicare Australia CEO". 142 Subsection 23B(1) Omit "Managing Director" (second occurring), substitute "Medicare Australia CEO". 143 Paragraph 23B(1)(c) Omit "Commission", substitute "Medicare Australia CEO". 144 Paragraph 23B(2)(a) Omit "Commission", substitute "Medicare Australia CEO". 145 Paragraph 23B(2)(b) Omit "Managing Director", substitute "Medicare Australia CEO". 146 Subsection 23B(3) Omit "Commission", substitute "Medicare Australia CEO". 147 Subsection 23B(4) Omit "Managing Director" (first occurring), substitute "Medicare Australia CEO". 148 Paragraph 23B(4)(f) Omit "Managing Director", substitute "Medicare Australia CEO". 149 Subsection 23C(1) Omit "Managing Director" (wherever occurring), substitute "Medicare Australia CEO". 150 Subsection 23C(2) Omit "Commission" (first occurring), substitute "Medicare Australia CEO". 151 Subsection 23C(2) Omit "Managing Director", substitute "Medicare Australia CEO". 152 Subsection 23C(2) Omit "Commission" (second occurring), substitute "Medicare Australia CEO". 153 Subsection 23D(1) Omit "Managing Director", substitute "Medicare Australia CEO". 154 Subsection 24(1) Omit "Commission", substitute "Medicare Australia CEO". 155 Subsection 24(1) Omit "Managing Director", substitute "Medicare Australia CEO". 156 Subsection 24(4) Omit "Managing Director" (first occurring), substitute "Medicare Australia CEO". 157 Paragraph 24(4)(a) Omit "Managing Director", substitute "Medicare Australia CEO". 158 Paragraphs 24(4)(a) and (b) Omit "Commission", substitute "Medicare Australia CEO". 159 Subsections 24(5) and (6) Omit "Managing Director", substitute "Medicare Australia CEO". 160 Subsection 25(1) Omit "Commission", substitute "Medicare Australia CEO". 161 Subsections 25(1) and (4) Omit "Managing Director", substitute "Medicare Australia CEO". 162 Subsection 25(4) Omit "Commission", substitute "Medicare Australia CEO". 163 Subsection 25(5) Omit "Managing Director", substitute "Medicare Australia CEO". 164 Paragraphs 25(5)(a) and (b) Omit "Commission", substitute "Medicare Australia CEO". 165 Subsections 25(6) and (7) Omit "Managing Director", substitute "Medicare Australia CEO". 166 Subsection 25(8) Omit "Managing Director" (first occurring), substitute "Medicare Australia CEO". 167 Paragraph 25(8)(a) Omit "Managing Director" (wherever occurring), substitute "Medicare Australia CEO". 168 Subsections 26(1) and (3) Omit "Commission", substitute "Medicare Australia CEO". 169 Paragraph 26(6)(a) Omit "Commission", substitute "Medicare Australia CEO". 170 Subsections 28(1) and (2) Omit "Managing Director", substitute "Medicare Australia CEO". 171 Subsection 32(1) Omit "Managing Director" (first occurring), substitute "Medicare Australia CEO". 172 Paragraphs 32(1)(a) and (b) Omit "Managing Director", substitute "Medicare Australia CEO". 173 Subsection 33C(1) Omit "Commission", substitute "Medicare Australia CEO". 174 Paragraph 33D(1)(a) Omit "Commission", substitute "Medicare Australia CEO". 175 Subsection 33D(2) Omit "Managing Director" (first occurring), substitute "Medicare Australia CEO". 176 Paragraphs 33D(2)(b) and (3)(a) Omit "Managing Director", substitute "Medicare Australia CEO". 177 Subsection 33H(2) Omit "Commission", substitute "Medicare Australia CEO". 178 Subsection 33K(1) Omit "Commission" (wherever occurring), substitute "Medicare Australia CEO". 179 Subsection 34(1) Omit "Commission" (first occurring), substitute "Medicare Australia CEO". 180 Subparagraph 34(1)(b)(i) Omit "Commission", substitute "Medicare Australia CEO". 181 Subparagraph 34(1)(b)(i) Omit "Managing Director", substitute "Medicare Australia CEO". 182 Subsection 34(2) Omit "Managing Director", substitute "Medicare Australia CEO". 183 Paragraphs 35(1)(a) and 36(1)(a) Omit "Commission", substitute "Medicare Australia CEO". 184 Section 39 Omit "Commission", substitute "Medicare Australia CEO". 185 Subsection 40(1) Repeal the subsection, substitute: (1) In addition to the functions of the Medicare Australia CEO under the Medicare Australia Act 1973, the Medicare Australia CEO has such additional functions as are conferred on the Medicare Australia CEO under this Act. Note: The heading to section 40 is altered by omitting "Commission" and substituting "Medicare Australia CEO". 186 Subsection 40(2) Omit "Commission" (first occurring), substitute "Medicare Australia CEO". 187 Subsection 40(2) Omit "its", substitute "his or her". 188 Subsection 40(2) Omit "Health Insurance Commission", substitute "Medicare Australia". 189 Subsection 41(1) Omit "Managing Director", substitute "Medicare Australia CEO". 190 Paragraph 41(1)(a) Omit "officer of the Commission", substitute "employee of Medicare Australia". 191 Subsection 41(2) Omit "Commission" (first occurring), substitute "Medicare Australia CEO". 192 Subsection 41(2) Omit "Health Insurance Commission", substitute "Medicare Australia". 193 Paragraph 41(3)(b) Omit "Managing Director", substitute "Medicare Australia CEO". 194 Paragraph 41(3)(c) Omit "officer of the Commission", substitute "employee of Medicare Australia". 195 Subsection 42(1) Omit "Managing Director" (wherever occurring), substitute "Medicare Australia CEO". Note: The heading to section 42 is altered by omitting "Managing Director" and substituting "Medicare Australia CEO". 196 Subsection 42(3) (paragraph (a) of the definition of authorised officer) Omit "Health Insurance Commission", substitute "Medicare Australia". 197 Subsection 42(3) (paragraph (b) of the definition of authorised officer) Omit "officer of the Commission", substitute "employee of Medicare Australia". 198 Subsection 42(3) (paragraph (b) of the definition of authorised officer) Omit "Managing Director", substitute "Medicare Australia CEO". 199 Paragraph 43(1)(c) Omit "officer of the Commission", substitute "employee of Medicare Australia". 200 Subsections 43(3) and (5) Omit "officer of the Commission", substitute "employee of Medicare Australia". 201 Subsection 43(5) Omit "Commission" (second occurring), substitute "Medicare Australia CEO". 202 Section 46 Omit "Commission" (first occurring), substitute "Medicare Australia CEO". 203 Paragraph 46(b) Omit "Commission", substitute "Medicare Australia CEO". Health and Other Services (Compensation) Care Charges Act 1995 204 Paragraph 6(6)(a) Omit "Commission", substitute "Medicare Australia CEO". 205 Paragraph 8(6)(a) Omit "Commission", substitute "Medicare Australia CEO". Health Insurance Act 1973 206 Subsection 3(1) (definition of Commission) Repeal the definition. 207 Subsection 3(1) Insert: employee of Medicare Australia means an employee within the meaning of the Medicare Australia Act 1973. 208 Subsection 3(1) Insert: Medicare Australia CEO means the Chief Executive Officer of Medicare Australia. 209 Subsection 3(1) (definition of officer) Repeal the definition. 210 Subsections 3D(1) and (3) Omit "Managing Director of the Commission", substitute "Medicare Australia CEO". 211 Paragraph 3DA(3)(a) Omit "Managing Director of the Commission", substitute "Medicare Australia CEO". 212 Subsection 3EA(1) Omit "Commission", substitute "Medicare Australia CEO". 213 Subsection 3EA(2) Omit "Managing Director of the Commission", substitute "Medicare Australia CEO". 214 Subsection 3EA(2) Omit "Managing Director" (second occurring), substitute "Medicare Australia CEO". 215 Paragraphs 3EA(3)(a) and (b) Omit "Commission", substitute "Medicare Australia CEO". 216 Subsection 3EA(4) Omit "Managing Director", substitute "Medicare Australia CEO". 217 Subsection 3EA(5) Omit "Commission", substitute "Medicare Australia CEO". 218 Subsection 3EA(6) Omit "Managing Director", substitute "Medicare Australia CEO". 219 Subsection 3EA(7) (definition of authorised officer) Omit "a Commission staff member authorised by the Managing Director", substitute "an employee of Medicare Australia authorised by the Medicare Australia CEO". 220 Subsection 3EA(7) (definition of Commission staff member) Repeal the definition. 221 Subsection 3EB(1) Omit "Managing Director of the Commission", substitute "Medicare Australia CEO".