Commonwealth Coat of Arms of Australia

Private Health Insurance (Medical Devices and Human Tissue Products Levy) Act 2007

No. 33, 2007

Compilation No. 1

Compilation date: 1 July 2023

Includes amendments up to: Act No. 7, 2023

Registered: 15 July 2023

About this compilation

This compilation

This is a compilation of the Private Health Insurance (Medical Devices and Human Tissue Products Levy) Act 2007 that shows the text of the law as amended and in force on 1 July 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Short title

2 Commencement

3 Definitions

4 Imposition of levy

5 Matters relating to levy

6 Private Health Insurance (Medical Devices and Human Tissue Products Levy) Rules

7 Regulations

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

An Act to impose levy in relation to listing of medical devices and human tissue products, and for related purposes

1  Short title

  This Act may be cited as the Private Health Insurance (Medical Devices and Human Tissue Products Levy) Act 2007.

2  Commencement

  This Act commences at the same time as the Private Health Insurance Act 2007 commences.

3  Definitions

  In this Act:

human tissue product has the same meaning as in the Private Health Insurance Act 2007.

listed item means a kind of medical device, or a kind of human tissue product, that is listed in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules made under the Private Health Insurance Act 2007.

medical device has the same meaning as in the Private Health Insurance Act 2007.

4  Imposition of levy

 (1) Levy is imposed for a financial year in respect of the ongoing listing of each listed item.

 (2) Levy is imposed on each day specified as a levy imposition day in the Private Health Insurance (Medical Devices and Human Tissue Products Levy) Rules made under section 6.

 (3) The amount of the levy imposed in respect of the ongoing listing of a listed item is the amount prescribed by the regulations.

 (4) Before the GovernorGeneral makes regulations for the purposes of subsection (3) prescribing the amount of the levy for a financial year, the Minister must be satisfied that the amount is set at a level that is designed to recover no more than the Commonwealth’s likely costs in connection with the ongoing listing of all listed items for that financial year.

5  Matters relating to levy

 (1) The regulations may prescribe different amounts for the purposes of subsection 4(3) for different circumstances.

 (2) Two or more amounts may be prescribed in relation to a single listed item, and a single amount may be prescribed in relation to 2 or more listed items.

 (3) The regulations may prescribe an amount for the purposes of subsection 4(3) by:

 (a) specifying an amount; or

 (b) specifying a method for calculating the amount.

 (4) The amount of a levy may be nil.

 (5) The regulations may provide for exemptions from levy.

Note: Other matters relating to the levy, such as who is liable to pay, may be specified in Private Health Insurance (Levy Administration) Rules made under the Private Health Insurance Act 2007.

6  Private Health Insurance (Medical Devices and Human Tissue Products Levy) Rules

  The Minister may, by legislative instrument, make Private Health Insurance (Medical Devices and Human Tissue Products Levy) Rules, providing for matters:

 (a) required or permitted by this Act to be provided; or

 (b) necessary or convenient to be provided in order to carry out or give effect to this Act.

7  Regulations

  The GovernorGeneral may make regulations prescribing matters:

 (a) required or permitted by this Act to be prescribed by the regulations; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Private Health Insurance (Prostheses Application and Listing Fees) Act 2007

33, 2007

30 Mar 2007

1 Apr 2007 (s 2)

 

Private Health Insurance (Prostheses Application and Listing Fees) Amendment (Cost Recovery) Act 2023

7, 2023

16 Mar 2023

Sch 1: 1 July 2023 (s 2(1) item 2)

Sch 1 (item 4)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Title....................

am No 7, 2023

s 1.....................

am No 7, 2023

s 3.....................

rs No 7, 2023

s 4.....................

rs No 7, 2023

s 5.....................

rs No 7, 2023

s 6.....................

rs No 7, 2023

s 7.....................

rs No 7, 2023

s 8.....................

rep No 7, 2023

s 9.....................

rep No 7, 2023