Federal Register of Legislation - Australian Government

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Determinations/Health as made
Amends the Health Benefits Reinsurance (Trust Fund Principles) Determination 1998.
Administered by: Health
Registered 31 May 2005
Gazetted 06 Oct 1999
Date of repeal 01 Apr 2007
Repealed by Other
Repealing Comments Enabling provision repealed by Private Health Insurance (Transitional Provisions and Consequential Amendments) Act 2007 (Act No. 32, 2007).

Health Benefits Reinsurance (Trust Fund Principles) Amendment Determination 1999 (No. 1)

I, MICHAEL WOOLDRIDGE, Minister for Health and Aged Care, make this Determination under subsection 73BC (5B) of the National Health Act 1953.

Dated 30 September 1999.

M WOOLDRIDGE
Minister for Health and Aged Care

 


Health Benefits Reinsurance (Trust Fund Principles) Amendment Determination 1999 (No. 1)

made under the

 

 

 

Contents

                                                                                                                 Page

                        1  Name of Determination                                                       2

                        2  Commencement                                                                 2

                        3  Amendment of Health Benefits Reinsurance (Trust Fund Principles) Determination 1998       2

Schedule 1       Amendments                                                               3

 


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1              Name of Determination

                This Determination is the Health Benefits Reinsurance (Trust Fund Principles) Amendment Determination 1999 (No. 1).

2              Commencement

                This Determination commences on 1 October 1999.

3              Amendment of Health Benefits Reinsurance (Trust Fund Principles) Determination 1998

                Schedule 1 amends the Health Benefits Reinsurance (Trust Fund Principles) Determination 1998.


Schedule 1        Amendments

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(section 3)

[1]         After section 1.3

insert

1.3A        Meaning of current financial year

                For section 1.3B, current financial year means a financial year for which the Council:

                (a)    is making a determination for subsection 73BC (6); or

               (b)    is deciding an amount for subsection 73BC (12).

1.3B        Meaning of prescribed information

         (1)   Prescribed information means information, received from any source, that meets the criteria set out in subsections (2), (3) and (4).

         (2)   Prescribed information is information:

                (a)    that is about a calculation made for section 2.6 or 3.3 for a quarter that ended:

                          (i)    during the current financial year; or

                         (ii)    before the date by which the organisation is required, under subsection 82L (2) of the Act, to give the Council information about the financial year in which the quarter occurred; and

               (b)    that is received by the Council no later than by the end of the current financial year.

Example 1

Prescribed information may include information about a calculation made for the September quarter of 1998 if the information is received by the Council at any time until 30 September 1999.

This is because the organisation has until 30 September 1999 to give the Council information to prepare the Council’s report to the Minister about the 1998-1999 financial year (see subsection 82L (2) and section 82PA of the Act).

Example 2

Prescribed information does not include information about a calculation made for the June quarter of 1999 if the information is received after 30 September 1999.

This is because, by 30 September 1999, the Council must have received information about the 1998-1999 financial year to prepare its report.

         (3)   However, if exceptional circumstances apply, prescribed information may include information about a calculation for a quarter that ended before a quarter mentioned in paragraph (2) (a).

         (4)   Prescribed information must indicate that, for a quarter:

                (a)    the Council determined a payment, for subsection 73BC (6) of the Act, that was not an appropriate payment; or

               (b)    the Council decided an amount, for subsection 73BC (12) of the Act, on the basis of inaccurate information.

1.3C        Meaning of exceptional circumstances

         (1)   For subsection 1.3B (3), exceptional circumstances includes the circumstances mentioned in this section.

         (2)   For a calculation made for section 2.6, an exceptional circumstance may be demonstrated by evidence, to the Council’s satisfaction:

                (a)    that the registered organisation did not exercise proper care in giving the Council information to which the Council is entitled under section 82G of the Act; or

               (b)    that the Council will be able to make the calculation more efficiently if it takes into account information about a calculation made for a quarter mentioned in subsection 1.3B (3).

         (3)   For a calculation made for section 3.3, an exceptional circumstance may be demonstrated by evidence, to the Council’s satisfaction, that the Council will be able to make the calculation more efficiently if it takes into account information about a calculation made for a quarter mentioned in subsection 1.3B (3).

[2]         After subsection 2.2 (1)

insert

      (1A)   The Council may also take into account prescribed information in calculating the amounts to be paid into the Fund, for a particular quarter, by a registered organisation.

[3]         Subsection 2.2 (2)

omit

subsection (1)

insert

subsections (1) and (1A)