Federal Register of Legislation - Australian Government

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Rules/Other as amended, taking into account amendments up to Private Health Insurance (Complaints Levy) Amendment Rules 2012
These Rules specify the rate of complaints levy and also specify complaints levy days and the census day.
Administered by: Health
Registered 28 Nov 2012
Start Date 22 Nov 2012
End Date 13 Nov 2015
Date of repeal 20 Sep 2016
Repealed by Private Health Insurance (Complaints Levy) Rules 2016
Table of contents.

 

Private Health Insurance (Complaints Levy) Rules 2007


As amended

Made under section 8 of the Private Health Insurance (Complaints Levy) Act 1995.

This compilation was prepared on 21 November 2012 taking into account amendments up to the Private Health Insurance (Complaints levy) Amendment Rules 2012.

Prepared by the Department of Health and Ageing, Canberra.

 

 

 

 

 


Contents

 

 

Part 1                   Preliminary                                                                                            3

1.           Name of Rules                                                                                        3

2.           Commencement                                                                                      3

3.           Definitions                                                                                              3

Part 2                   Complaints levy                                                                                     4

4.           Imposition of levy                                                                                   4

5.           Rate of levy                                                                                            4

6.           Rate for a single policy                                                                           4

7.           Rate for a joint policy                                                                              4

8.           Census day                                                                                            5

 

 

 


Part 1        Preliminary

1.               Name of Rules

These Rules are the Private Health Insurance (Complaints Levy) Rules 2007.

2.               Commencement

 These Rules commence:

(a)                    if the Rules are registered before Schedule 1 of the amendment Act commences―at the same time as Schedule 1 of the amendment Act commences; or

(b)                   if the Rules are registered on or after the day on which Schedule 1 of the amendment Act commences―on the date on which the Rules are registered,

whichever occurs first.

3.               Definitions

Note:            Terms used in these Rules have the same meaning as in the Act―see section 13 of the Legislative Instruments Act 2003.  The Act provides that, unless a contrary intention appears, certain words or expressions used in the Act have the same meanings as in the Private Health Insurance Act 2007.  Such words or expressions include:

complaints levy
complying health insurance policy
private health insurer

In these rules:

Act means the Private Health Insurance (Complaints Levy) Act 1995.

amendment Act means the Private Health Insurance Complaints Levy Amendment Act 2007.

complaints levy day has the meaning given by rule 4.

census day means the day specified in rule 8.

joint policy means a policy under which two or more persons are insured.

policy means a complying health insurance policy.

single policy means a policy under which only one person is insured.

Part 2        Complaints levy

4.               Imposition of levy

For the purposes of paragraph 5 (1) (a) of the Act, the first day of each quarter after 30 June 2007 is specified as a complaints levy day.

Note:            'Quarter' is defined in the Act to mean a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October in any year.

5.               Rate of levy

For item 1 of the table in subsection 6 (1) of the Act:

(a)                    the rate of levy for each single policy on issue from the private health insurer on the census day is the rate calculated in accordance with rule 6.

(b)                   the rate of levy for each joint policy on issue from the private health insurer on the census day is the rate calculated in accordance with rule 7.

Note:            Policy data held by the Private Health Insurance Administration Council will be used to calculate the number of single coverage policies and joint coverage policies.

6.               Rate for a single policy

(1)        Subject to subrule (2), the rate for a single policy is the rate in cents calculated using the formula

 

52,975,000

single coverage policies + (2 × joint coverage policies)

 

where:

single coverage policies is the aggregate number of single policies on issue from all private health insurers on the census day.

joint coverage policies is the aggregate number of all joint policies on issue from all private health insurers on the census day.

(2)        If the rate calculated for a single policy on issue from an insurer is more than 50 cents for the quarter, the rate for the policy is 50 cents.

7.               Rate for a joint policy

(1)        Subject to subrule (2), the rate for a joint policy is the rate in cents calculated using the formula―

 

2 x

52,975,000

single coverage policies + (2 × joint coverage policies)

where single coverage policies and joint coverage policies have the same meaning as in subrule 6 (1).

(2)        If the rate calculated for a joint policy on issue from an insurer is more than $1 for the quarter, the rate for the policy is $1.

8.               Census day

For subparagraph 6 (2) (a) (i) of the Act, the census day is the 30 June last occurring before a day on which the levy is payable.

Note:            The levy is payable on 31st December each year - see the Private Health Insurance (Levy Administration) Rules 2007.

 

 


Note

The Private Health Insurance (Complaints Levy) Rules 2007 (in force under section 8 of the Private Health Insurance (Complaints Levy) Act 1995) as shown in this compilation are amended as indicated in the Tables below.

 

Table of Instruments

 

Instrument

Date of FRLI
Registration

Date of commencement

Application, saving or transitional provision

Private Health Insurance
(Complaints Levy)
Rules 2007

31 March 2007 (see
F2007L00895)

1 April 2007

 

Private Health Insurance
(Complaints Levy)
Amendment Rules 2008

 

28 November 2008 (see F2008L04531)

 

1 December 2008

 

 

Private Health Insurance (Complaints Levy)   Amendment Rules 2010                       

Private Health Insurance (ComplaintsLevy) Amendment Rules 2012

17 December 2010 (see F2010L03301)

 

21 November 2012 (see F2012L02206)

18 December 2010

 

 

22 November 2012

 

 

Table of Amendments

 

ad. = added or inserted      am. = amended     rep. = repealed     rs. = repealed and substituted

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Provision affected                        How affected

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Part 2

 

Subrule 6(1)                                   am. F2008L04531, F2010L03301, F2012L02206

 

Subrule 7(1)                                   am. F2008L04531, F2010L03301, F2012L02206

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