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

No. 51, 2009

Compilation No. 2

Compilation date:                              1 July 2023

Includes amendments up to:            Act No. 6, 2023

Registered:                                         11 July 2023

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 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 Legislation 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 series page on the Legislation 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 series page on the Legislation Register 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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                                                                                  8

Endnote 3—Legislation history                                                                               9

Endnote 4—Amendment history                                                                           10

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.

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 device means a medical device (within the meaning of the Private Health Insurance Act 2007) that:

                     (a)  is listed in the Private Health Insurance (Medical Devices and Human Tissue Products) 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 (Medical Devices and Human Tissue Products) Rules has the same meaning as in the Private Health Insurance Act 2007.

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

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 8A.

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

                     (a)  the joint replacement device is currently listed in the Private Health Insurance (Medical Devices and Human Tissue Products) 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 device is currently listed in the Private Health Insurance (Medical Devices and Human Tissue Products) 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 device 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 medical devices (within the meaning of the Private Health Insurance Act 2007) are taken, or are taken not, to be joint replacement devices for the purposes of the definition of joint replacement device 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 device:

                     (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:

             (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 devices; and

                     (b)  specify a rate of levy of zero in relation to one or more classes of joint replacement devices; 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 device 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 device 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 device is payable by the sponsor of the joint replacement device.

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

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

Endnote 3—Legislation history

Endnote 4—Amendment history