Commonwealth Coat of Arms of Australia

Private Health Insurance (National Joint Replacement Register Levy) Amendment Act 2025

No. 55, 2025

An Act to amend the Private Health Insurance (National Joint Replacement Register Levy) Act 2009, and for related purposes

[Assented to 4 November 2025]

The Parliament of Australia enacts:

1 Short title

This Act is the Private Health Insurance (National Joint Replacement Register Levy) Amendment Act 2025.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this Act	The 14th day after this Act receives the Royal Assent.	18 November 2025

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Part 1—Amendments

Private Health Insurance (National Joint Replacement Register Levy) Act 2009

1 Subsection 5(1) (definition of Private Health Insurance (Medical Devices and Human Tissue Products) Rules)

Repeal the definition, substitute:

Private Health Insurance (Medical Devices and Human Tissue Products) Rules means the Private Health Insurance (Medical Devices and Human Tissue Products) Rules made for the purposes of item 4 of the table in subsection 333‑20(1) of the Private Health Insurance Act 2007.

2 Subsection 5(1) (definition of sponsor)

Repeal the definition.

3 Subsection 5(2)

Repeal the subsection.

4 Section 7A

Omit “sponsor of”, substitute “person specified by the Private Health Insurance (National Joint Replacement Register Levy) Rules for”.

Part 2—Application of amendments and validation of payment of certain levies

5 Application of amendments

The amendments made by Part 1 of this Schedule apply in relation to national joint replacement register levy that is imposed on a day that occurs on or after the commencement of this Schedule, whether the calculation of the rate of the levy is by reference to matters occurring before, on or after that commencement.

6 Validation of payment of certain levies

Validation of payment of certain levies imposed before 1 July 2023

(1) If:

(a) before 1 July 2023, national joint replacement register levy was imposed on a particular day (the imposition day) in relation to a joint replacement prosthesis (within the meaning of the Private Health Insurance (National Joint Replacement Register Levy) Act 2009, as in force on the imposition day); and

(b) the levy was paid by a person who:

(i) was not the sponsor (within the meaning of the Private Health Insurance (National Joint Replacement Register Levy) Act 2009, as in force on the imposition day) of the prosthesis; but

(ii) was the person mentioned for the prosthesis in the Prostheses List Rules, as in force on the imposition day;

the Private Health Insurance (National Joint Replacement Register Levy) Act 2009 has effect, and is taken always to have had effect, as if that person had been the sponsor of the prosthesis on the imposition day.

Validation of payment of certain levies imposed on or after 1 July 2023

(2) If:

(a) on or after 1 July 2023 and before the commencement of this Schedule, national joint replacement register levy was imposed on a particular day (the imposition day) in relation to a joint replacement device; and

(b) the levy was paid by a person who:

(i) was not the sponsor (within the meaning of the Private Health Insurance (National Joint Replacement Register Levy) Act 2009, as in force on the imposition day) of the device; but

(ii) was the person mentioned for the device in Schedule 1 to the Private Health Insurance (Medical Devices and Human Tissue Products) Rules, as in force on the imposition day;

the Private Health Insurance (National Joint Replacement Register Levy) Act 2009 has effect, and is taken always to have had effect, as if that person had been the sponsor of the device on the imposition day.

Definition

(3) In this item:

Prostheses List Rules means the Private Health Insurance (Prostheses) Rules made before 1 July 2023 for the purposes of item 4 of the table in subsection 333‑20(1) of the Private Health Insurance Act 2007, as in force before that day.

[Minister’s second reading speech made in—

House of Representatives on 4 September 2025

Senate on 27 October 2025]