CTHIn ForceAct
Human Services (Medicare) Act 1973
5Functions of Chief Executive Medicare
Start here
Get a plain-English read of 5
Turn the raw legal text into a practical explanation grounded in Human Services (Medicare) Act 1973.
#### 5 Functions of Chief Executive Medicare
Functions—general
(1) The Chief Executive Medicare has the following functions:
(a) the medicare functions mentioned in section 6;
(b) the service delivery functions mentioned in section 7;
(c) any functions conferred on the Chief Executive Medicare under any other Act;
(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.
Parallel function
(3) A function prescribed by regulations made for the purposes of paragraph (1)(e) may be a specified function that another person (the primary person) has under a law of the Commonwealth.
(4) When the specified function is performed by the Chief Executive Medicare, the function is, for the purposes of that or any other law of the Commonwealth, taken to have been performed by the primary person.
(5) The performance of the specified function by the Chief Executive Medicare does not prevent the performance of the function under the law of the Commonwealth by the primary person.
(6) For the purposes of subsection (3), it is immaterial whether the specified function is a function that can be delegated.
(7) For the purposes of subsection (3), it is immaterial whether the specified function is a function under a law administered by the Minister.
(8) Subsection (3) does not limit paragraph (1)(e).
(9) Subsections (6) and (7) are enacted for the avoidance of doubt.
Function of acting on behalf of another person
(10) A function prescribed by regulations made for the purposes of paragraph (1)(e) may be a function of acting on behalf of another person (the primary person) in the performance of a function that the primary person may perform, whether under a law of the Commonwealth or otherwise.
(11) For the purposes of subsection (10), it is immaterial whether a function that the primary person may perform is a function that can be delegated.
(12) For the purposes of subsection (10), it is immaterial whether a function that the primary person may perform under a law of the Commonwealth is a function under a law administered by the Minister.
(13) For the purposes of subsection (10), it is immaterial whether a function that the primary person may perform otherwise than under a law of the Commonwealth is a function that is within the responsibilities of the Minister.
(14) Subsection (10) does not limit paragraph (1)(e).
(15) Subsections (10) to (14) are enacted for the avoidance of doubt.