ANNO TRICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE VICTORIA Hospital Benefits (Levy) Act 1982 No. 9764 An Act to impose a Levy on Organizations carrying on Hospital Benefits Business in Victoria, to make Provision to Free from Payment of Out-Patient Fees Contributors to Hospital Benefit Funds in Victoria and for other purposes. [Assented to 13 July 1982] BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say): 1. (1) This Act may be cited as the Hospital Benefits {Levy) Act 1982. Short tide. (2) This Act shall be deemed to have come into operation on CommenM 1 August 1982. nt. (3) No monthly levy shall be payable in relation to any month following the month ending 31 July 1983. 2. (1) In this Act, unless the contrary intention appears interpretation. "Basic hospital benefits" means those benefits payable to a -Basic contributor by an organization in accordance with the Sml!" basic hospital benefits table of the organization. "Contributor"
230 1982 Hospital Benefits (Levy) No. 9764 "Contributor." "Hospitals and Charities Fund." "Hospital benefits fund.* 1 "Monthly levy." "Contributor" in relation to a hospital benefits fund, means a person who is a contributor to that fund in accordance with the rules of that organization, and includes a person for whom or on whose behalf contributions are made. "Hospitals and Charities Fund" means the fund established under the Hospitals and Charities Act 1958. "Hospital benefits fund" means a fund out of which an organization makes payments to contributors for periods of accommodation and maintenance in hospitals, and for surgical, therapeutic or other medical or health treatment, service or procedure in hospitals. "Monthly levy" in relation to an organization means AC B where A is the total amount of contributions received from contributors to the organization in the month which is three months immediately prior to the month in which the monthly levy is payable for the purpose of securing entitlement to basic hospital benefits; B is the amount of weekly contribution as at the fifteenth day of the month to which A applies required to be paid to the organization by a single person for the purpose of securing entitlement to basic hospital benefits: and C is the prescribed rate. "Organization.* "Out-patient service." "Prescribed rate." "Organization" means a society, body or group of persons whether corporate or unincorporate which conducts a hospital benefits business. "Out-patient service" in relation to a hospital means a health service or procedure provided by the hospital to a person other than an in-patient in the hospital. "Prescribed rate" means such amount as may be prescribed in the regulations from time to time being an amount not greater than 40 cents. (2) An organization shall be deemed to carry on the.business in Victoria of providing hospital benefits to contributors if for the purposes of or purposes related to the enrolment of contributors to
1982 Hospital Benefits (Levy) No. 9764 231 to a hospital benefits fund conducted by it or the payment of benefits to such contributors (i) it uses premises in Victoria; or (ii) it uses the services of a servant or agent in Victoria. (3) Where an organization conducts business in other States or Territories in addition to Victoria (i) contributions received by the organization from persons permanently resident outside Victoria shall not be included in A; and (ii) the Comptroller of Stamps may agree with the organization upon the total amount of contributions received by the organization from Victorian contributors in a particular month and such amount shall be deemed to be A, and in default of agreement the Minister shall determine an attributable amount and that amount shall be deemed to be A. 3. Any organization which carries on the business in Victoria "Monthly levy of providing hospital benefits to contributors shall be liable to pay payab c ' to the Comptroller of Stamps on or before the 15th day of each month the monthly levy. 4. An organization shall, for the purposes of section 3, furnish ^uht 6 "' to together with the monthly levy a return in the prescribed form, monthly return. 5. An organization shall keep within Victoria proper books Requirsment to and accounts and shall preserve those books and accounts and shall keep records - keep records of all particulars relating to the business conducted by it, including particulars with respect to (a) total hospital benefit contributions received by the organization each month; and (b) the amount received by the organization for the purposes of securing basic hospital benefits each month. 6. (1) The monthly levy shall be deemed, when it becomes due Monthly Isvy and payable, to be a debt due to Her Majesty and payable to the d 0 ue b to^n 1 e t, Comptroller of Stamps. ' Crown - (2) Any monthly levy unpaid may be sued for and recovered in any Magistrates' Court by the Comptroller of Stamps or a Deputy or Assistant Comptroller of Stamps suing in his official name or by an officer of the public service employed in the administration of this Act and authorized to sue for and recover a monthly levy on behalf of the Comptroller of Stamps, suing in the official name of the Comptroller of Stamps. 7. (1) If a monthly levy is not paid by an organization on or before A^ditional levy. the due date in accordance with section 3, or by such later date as the Comptroller of Stamps may in his discretion allow, an additional levy
232 1982 Hospital Benefits {Levy) No. 9764 Power of Comptroller or Stamps to make inspections of books &c, of organizations. levy shall be payable at the rate of 20 per centum per annum upon the amount of monthly levy unpaid, to be computed from the due date or where a later date has been allowed under this section, from that date. (2) The Comptroller of Stamps may for reasons which in his discretion he thinks sufficient remit any additional levy imposed or any part thereof. 8. (1) The Comptroller of Stamps may (a) require any organization to which this Act applies or the public officer thereof to produce for inspection any of the books and documents of the organization; (b) examine on oath any director officer or servant of the organization in relation to its business and administer such oath accordingly; (c) make such inspection and examination of the books and documents of the organization as he deems necessary; (d) require from the manager or other officer of any bank (including the State Bank of Victoria) in which any funds of the organization are deposited or invested a written statement of the amount of such deposit thereto which he considers necessary; (e) authorize any officer in the public service to examine and report to him upon the business and affairs of the organization and any officer so authorized shall have all the powers of the Comptroller of Stamps under the foregoing provisions of this section. (2) Any organization or person who neglects or refuses to comply with any requisition made under this section by the Comptroller of Stamps or by any officer authorized by him as aforesaid shall be guilty of an offence against this Act. Penalty: 15 penalty units or imprisonment for three months. Moneys to be paid into Consolidated Fund. Exemption outpatient fces - 9. (1) All moneys recovered under this Act shall be paid by the Comptroller of Stamps into the Consolidated Fund. (2) On the last day of each month there shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) into the Hospitals and Charities Fund an amount equivalent to the amount received in the Consolidated Fund in that month under this Act. 10. The provisions of Part V. of the Hospitals and Charities Act 1958, other than section 74A of that Act, shall not apply in respect of any fee chargeable for out-patient services provided to a person who,
1982 Hospital Benefits {Levy) No. 9764 233 who, at the time of an out-patient service, is a contributor to an organization to which this Act applies. 11. (1) Notwithstanding anything to the contrary in this Act, a Person Habie^ person is liable for payment of an out-patient fee in respect of any o^viffiu" out-patient service received unless a declaration is made in the declaration prescribed form by or on behalf of the person. made - (2) A person who knowingly makes a false declaration under sub-section (1) shall be guilty of an offence. Penalty: 2 penalty units. 12. The Governor in Council may make regulations prescribing Regulations, all matters required or permitted to be prescribed, or necessary or convenient to be prescribed under this Act, and in particular for or with respect to (a) forms to be used under this Act; and (b) the keeping of accounts and of records for the purposes of this Act.