House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for Family and Community Services, Senator the Honourable Jocelyn Newman)

Schedule 6 - Amendment of the Health Insurance Act 1973

This Schedule amends section 5BA of the Health Insurance Act 1973 to make consequential amendments following the repeal of the definitions of exempt resident and former exempt resident from subsection 7(1) of the Social Security Act 1991, and substitute a reference to "a person who has a qualifying residence exemption " which is the term now used in the Social Security Act 1991 (see Schedule 1, Part 5, items 134 and 135).

Section 5BA of the Health Insurance Act 1973 currently provides as follows:

"...........

(4)

For the purposes of subsection (2), a person has a qualifying disadvantaged low income residence exemption if, and only if, the person:

(a)

resides in Australia; and

(b)

is:

(i)

a refugee; or

(ii)

a former refugee; or

(iii)

a family member of the refugee, or former refugee, at the time the refugee or former refugee arrived in Australia; or

(iv)

an exempt resident; or

(v)

a former exempt resident; or

(vi)

a family member of the exempt resident, or former exempt resident, at the time the exempt resident or former exempt resident arrived in Australia.

............"

•

A person who is a "disadvantaged person" under the Health Insurance Act 1973 becomes entitled to certain concessions under that Act.

Item 1

This item repeals and substitutes subparagraphs 5BA(4)(b)(iv) (v) and (vi), which refer to the definitions of exempt resident and former exempt resident in the Social Security Act 1991 , and which have been repealed by items 134 and 135 of Part 5 in Schedule 1.