New South Wales v Commonwealth [1983] HCA 8

High Court of Australia Gibbs C.J. Mason, Murphy, Wilson and Deane JJ. New South Wales v Commonwealth [1983] HCA 8

ORDER Order that the questions of law raised by the Stated Case be answered as follows: Question 1: Whether

(a)

(i) the Hospital Benefits (Levy) Act 1982, or alternatively;

(ii) so much thereof as imposes a monthly levy on organizations carrying on hospital benefits business in Victoria and imposes an additional levy for non-payment,

(b)

(i) the Health Insurance Levies Act 1982, or alternatively;

(ii) so much thereof as imposes a monthly levy on organizations carrying on hospital benefits business in New South Wales and imposes an additional levy for non-payment,

are inconsistent with the National Health Act 1953 and to the extent of that inconsistency, invalid. Answer: No. Question 2. If the answers to 1(a) and (ii) or 1(b) (i) and (ii) are in the negative whether s. 73B(1) of the National Health Act 1953 authorized the Minister to impose the conditions referred to in pars. 51 and 52 hereof as a condition of registration or continuing registration under the National Health Act 1953. Answer: No. Question 3. If the answer to 2 is in the affirmative, whether s. 73B of the National Health Act 1953 in so far as it purports to authorize the imposition of the conditions referred to in pars. 51 and 52 hereof as a condition of registration or continuing registration under the National Health Act 1953 of registered hospital benefits organizations, is beyond the power of Parliament of the Commonwealth and is invalid. Answer: Unnecessary to answer. Question 4. If the answer to 3 is in the negative, whether

(a)

(i) the Hospital Benefits (Levy) Act 1982, or alternatively;

(ii) so much thereof as imposes a monthly levy on organizations carrying on hospital benefits business in Victoria and imposes an additional levy for non-payment;