Federal Register of Legislation - Australian Government

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Act No. 51 of 2009 as amended, taking into account amendments up to Private Health Insurance (National Joint Replacement Register Levy) Amendment Act 2015
An Act to impose the national joint replacement register levy
Administered by: Health
Registered 02 Jul 2015
Start Date 26 Jun 2015
Table of contents.

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

No. 51, 2009

Compilation No. 1

Compilation date:                              26 June 2015

Includes amendments up to:            Act No. 75, 2015

Registered:                                         2 July 2015

 

About this compilation

This compilation

This is a compilation of the Private Health Insurance (National Joint Replacement Register Levy) Act 2009 that shows the text of the law as amended and in force on 26 June 2015 (the compilation date).

This compilation was prepared on 30 June 2015.

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 ComLaw (www.comlaw.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 series page on ComLaw 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.

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 series page on ComLaw for the compiled law.

Self‑repealing 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Crown to be bound............................................................................. 2

4............ Extension of Act to external Territories............................................... 2

5............ Definitions.......................................................................................... 2

6............ Imposition of national joint replacement register levy......................... 3

7............ Rate of national joint replacement register levy................................... 4

7A......... Who must pay the national joint replacement register levy?................ 5

8............ Private Health Insurance (National Joint Replacement Register Levy) Rules           5

8A......... Ministerial determination..................................................................... 5

9............ Regulations......................................................................................... 5

Endnotes                                                                                                                                      6

Endnote 1—About the endnotes                                                                              6

Endnote 2—Abbreviation key                                                                                  7

Endnote 3—Legislation history                                                                               8

Endnote 4—Amendment history                                                                             9


An Act to impose the national joint replacement register levy

1  Short title

                   This Act may be cited as the Private Health Insurance (National Joint Replacement Register Levy) Act 2009.

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

Provision(s)

Commencement

Date/Details

1.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

24 June 2009

2.  Sections 3 to 9

The later of:

(a) 1 July 2009; and

(b) the day on which this Act receives the Royal Assent.

1 July 2009

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Crown to be bound

                   This Act binds the Crown in each of its capacities.

4  Extension of Act to external Territories

                   This Act extends to the Territory of Cocos (Keeling) Islands and to the Territory of Christmas Island.

5  Definitions

             (1)  In this Act:

joint replacement prosthesis means a prosthesis that:

                     (a)  is listed in the Private Health Insurance (Prostheses) Rules; and

                     (b)  is used in joint replacement.

national joint replacement register levy means the national joint replacement register levy imposed under section 6.

national joint replacement register levy day means a national joint replacement register levy day specified in the Private Health Insurance (National Joint Replacement Register Levy) Rules made for the purposes of section 6.

Private Health Insurance (National Joint Replacement Register Levy) Rules means the Private Health Insurance (National Joint Replacement Register Levy) Rules made under section 8.

Private Health Insurance (Prostheses) Rules has the same meaning as in the Private Health Insurance Act 2007.

register means the register known as the Australian Orthopaedic Association National Joint Replacement Registry.

sponsor has the meaning given by subsection (2).

supplementary national joint replacement register levy day means a supplementary national joint replacement register levy day specified in a determination by the Minister under section 6.

             (2)  A person is a sponsor for a joint replacement prosthesis if:

                     (a)  the joint replacement prosthesis is currently listed in the Private Health Insurance (Prostheses) Rules as a result of an application made by the person under subsection 72‑10(2) of the Private Health Insurance Act 2007; or

                     (b)  if the joint replacement prosthesis is currently listed in the Private Health Insurance (Prostheses) Rules in accordance with section 12 of the Private Health Insurance (Transitional Provisions and Consequential Amendments) Act 2007—the person was, immediately before the commencement of the Private Health Insurance Act 2007, the sponsor of that prosthesis for the purposes of the National Health Act 1953.

             (3)  The Private Health Insurance (National Joint Replacement Register Levy) Rules may provide that one or more classes of prostheses are taken, or are taken not, to be joint replacement prostheses for the purposes of the definition of joint replacement prosthesis in subsection (1).

6  Imposition of national joint replacement register levy

             (1)  National joint replacement register levy is imposed on the recording on the register of the provision of a joint replacement prosthesis:

                     (a)  on each day specified in the Private Health Insurance (National Joint Replacement Register Levy) Rules as a national joint replacement register levy day for a financial year; and

                     (b)  on each day (if any) specified in a determination under section 8A as a supplementary national joint replacement register levy day for a financial year.

             (2)  The Private Health Insurance (National Joint Replacement Register Levy) Rules must not specify more than 4 levy days for a financial year.

             (3)  The determination under section 8A must not specify more than 2 supplementary levy days for a financial year.

7  Rate of national joint replacement register levy

             (1)  The rate of national joint replacement register levy imposed on a particular day is worked out using the following table:

 

Rate of national joint replacement register levy

Item

The rate of levy imposed on a …

is the rate that …

1

national joint replacement register levy day

(a) is specified in, or is calculated using the method specified in, the Private Health Insurance (National Joint Replacement Register Levy) Rules; and

(b) applies on that day.

2

supplementary national joint replacement register levy day

(a) is specified in, or is calculated using the method specified in, a determination under section 8A; and

(b) applies on that day.

             (2)  The Private Health Insurance (National Joint Replacement Register Levy) Rules, and a determination under section 8A, may:

                     (a)  specify different rates of levy, or different methods for calculating the rate of levy, in relation to different classes of joint replacement prostheses; and

                     (b)  specify a rate of levy of zero in relation to one or more classes of joint replacement prostheses; and

                     (c)  specify a rate of levy, or a method for calculating the rate of levy, that takes into account the number of times recordings were made on the register of the provision of a joint replacement prosthesis during a particular period.

             (3)  Despite subsection (2), the total amount of levy for a financial year for recordings on the register of the provision of a joint replacement prosthesis must not exceed $5,000.

7A  Who must pay the national joint replacement register levy?

                   National joint replacement register levy imposed in relation to a joint replacement prosthesis is payable by the sponsor of the joint replacement prosthesis.

8  Private Health Insurance (National Joint Replacement Register Levy) Rules

                   The Minister may, by legislative instrument, make Private Health Insurance (National Joint Replacement Register 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.

8A  Ministerial determination

                   The Minister may, by legislative instrument, make a determination:

                     (a)  specifying a supplementary national joint replacement register levy day for a financial year (see section 6); and

                     (b)  specifying, or specifying a method for calculating, a rate of national joint replacement register levy (see section 7).

9  Regulations

                   The Governor‑General may make regulations prescribing matters:

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

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

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.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the amendment is set out in the endnotes.

 

Endnote 2—Abbreviation key

 

A = Act

orig = original

ad = added or inserted

par = paragraph(s)/subparagraph(s)

am = amended

    /sub‑subparagraph(s)

amdt = amendment

pres = present

c = clause(s)

prev = previous

C[x] = Compilation No. x

(prev…) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

    effect

rs = repealed and substituted

F = Federal Register of Legislative Instruments

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LI = Legislative Instrument

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment

SR = Statutory Rules

mod = modified/modification

Sub‑Ch = Sub‑Chapter(s)

No. = Number(s)

SubPt = Subpart(s)

o = order(s)

underlining = whole or part not

Ord = Ordinance

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

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

51, 2009

24 June 2009

s 3–9: 1 July 2009 (s 2(1) item 2)
Remainder: 24 June 2009 (s 2(1) item 1)

 

Private Health Insurance (National Joint Replacement Register Levy) Amendment Act 2015

75, 2015

25 June 2015

26 June 2015 (s 2(1) item 1)

Sch 1 (item 14)

 

Endnote 4—Amendment history

 

Provision affected

How affected

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

am No 75, 2015

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

am No 75, 2015

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

am No 75, 2015

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

am No 75, 2015

s 7A.....................................

ad No 75, 2015

s 8A.....................................

ad No 75, 2015