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Rules/Other as amended, taking into account amendments up to Private Health Insurance (National Joint Replacement Register Levy) Amendment Rule 2019
Administered by: Health
Registered 30 Jan 2020
Start Date 28 Nov 2019
Table of contents.

Commonwealth Coat of Arms of Australia

Private Health Insurance (National Joint Replacement Register Levy) Rule 2015

made under the

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

Compilation No. 1

Compilation date:                              28 November 2019

Includes amendments up to:            F2019L01508

Registered:                                         30 January 2020

 

About this compilation

This compilation

This is a compilation of the Private Health Insurance (National Joint Replacement Register Levy) Rule 2015 that shows the text of the law as amended and in force on 28 November 2019 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Part 1—Preliminary                                                                                                                                        1

1............ Name............................................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

Part 2—Levy day                                                                                                                                              2

5............ Levy day........................................................................................................................ 2

Part 3—Rate of levy                                                                                                                                        3

6............ Rate of levy—hand articulation prostheses and foot articulation prostheses.................. 3

7............ Rate of levy—other joint replacement prostheses.......................................................... 3

Endnotes                                                                                                                                                                 5

Endnote 1—About the endnotes                                                                                                        5

Endnote 2—Abbreviation key                                                                                                            6

Endnote 3—Legislation history                                                                                                         7

Endnote 4—Amendment history                                                                                                       8

Endnote 5—Editorial changes                                                                                                            9

 


Part 1Preliminary

  

1  Name

                   This is the Private Health Insurance (National Joint Replacement Register Levy) Rule 2015.

3  Authority

                   This instrument is made under the Private Health Insurance (National Joint Replacement Register Levy) Act 2009.

4  Definitions

Note:          A number of expressions used in this instrument are defined in the Act, including the following:

(a)    joint replacement prosthesis;

(b)    national joint replacement register levy;

(c)    national joint replacement register levy day;

(d)    register.

                   In this instrument:

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

levy means national joint replacement register levy.

levy day means national joint replacement register levy day.

Part 2Levy day

  

5  Levy day

                   For paragraph 6(1)(a) of the Act, 31 October in each financial year is specified as the national joint replacement register levy day for the financial year.

Part 3Rate of levy

  

6  Rate of levy—hand articulation prostheses and foot articulation prostheses

                   For item 1 of the table in subsection 7(1) of the Act, the rate of levy for a levy day is zero for the recording on the register of the provision of a joint replacement prosthesis that is:

                     (a)  a hand articulation prosthesis; or

                     (b)  a foot articulation prosthesis.

7  Rate of levy—other joint replacement prostheses

             (1)  For item 1 of the table in subsection 7(1) of the Act, the rate of levy for a levy day for the recording on the register of the provision of a joint replacement prosthesis (other than a hand articulation prosthesis or a foot articulation prosthesis) is worked out under subsections (2) and (3).

Step 1—rate of levy if base amount equals or exceeds $5 000

             (2)  The rate of levy for the prosthesis for the levy day is $5 000 if the amount (the base amount) worked out for the prosthesis for the levy day using the following formula equals or exceeds $5 000:

Step 2—rate of levy if base amount is less than $5 000

             (3)  If the base amount under subsection (2) for the prosthesis for the levy day is less than $5 000, the rate of levy for the prosthesis (the relevant prosthesis) for the levy day is the lesser of $5 000 and the amount worked out for the relevant prosthesis for the levy day using the following formula:

where:

adjusted total benefit amount means:

                     (a)  the total benefit amount for the levy day; less

                     (b)  the sum of each prosthesis benefit amount for the levy day for a prosthesis for which:

                              (i)  the base amount for the levy day exceeds the base amount for the relevant prosthesis for the levy day; and

                             (ii)  the rate of levy worked out under subsection (2) or this subsection for the levy day equals or exceeds $5 000.

n means the number of prostheses for the levy day for which:

                     (a)  the base amount for the levy day exceeds the base amount for the relevant prosthesis for the levy day; and

                     (b)  the rate of levy worked out under subsection (2) or this subsection for the levy day equals or exceeds $5 000.

Definitions

             (4)  In this section:

NJRR funding amount means:

                     (a)  for the levy day on 31 October 2015—$2 243 000; or

                     (b)  for the levy day on 31 October 2016—$2 286 000; or

                     (c)  for the levy day on 31 October 2017—$2 329 000; or

                     (d)  for the levy day on 31 October 2018—$2 376 000; or

                     (e)  for the levy day on 30 November of any financial year after 31 October 2018$2 376 000.

prosthesis benefit amount for a prosthesis for a levy day means the amount worked out by multiplying:

                     (a)  the number of recordings on the register of the provision of the prosthesis during the financial year ending before the levy day (being recordings made on or before the 30 September before the levy day); by

                     (b)  the minimum benefit for the prosthesis set out, or worked out using the method set out, in the Private Health Insurance (Prostheses) Rules, as in force immediately before the levy day, for the purposes of item 4 of the table in subsection 72‑1(2) of the Private Health Insurance Act 2007.

total benefit amount for a levy day means the sum of each prosthesis benefit amount for a joint replacement prosthesis (other than a hand articulation prosthesis or a foot articulation prosthesis) for which a recording was made on the register of the provision of the prosthesis during the financial year ending before the levy day (being a recording made on or before the 30 September before the levy day).


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 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 abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Private Health Insurance (National Joint Replacement Register Levy) Rule 2015

29 Oct 2015 (F2015L01714)

30 Oct 2015 (s 2(1) item 1)

 

Private Health Insurance (National Joint Replacement Register Levy) Amendment Rule 2019

27 Nov 2019 (F2019L01508)

28 Nov 2019 (s 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.............................................

rep LA s 48D

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

am F2019L01508

 

ed C1

 

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

 

Subsection 7(4) (paragraph (d) of the definition of NJRR funding amount)

 

Kind of editorial change

 

Give effect to the misdescribed amendment as intended

 

Details of editorial change

 

Schedule 1 item 1 of the Private Health Insurance (National Joint Replacement Register Levy) Amendment Rule 2019 provides as follows:

1.   Subsection 7(4), paragraph (d) of the definition of NJRR amount

Omit “$2 376 000.” substitute “$2 376 000; or”.

 

The definition of NJRR amount does not appear. However, the definition of NJRR funding amount does appear.

 

This compilation was editorially changed to omit “$2 376 000.” and substitute “$2 376 000; or” in subsection 7(4) (paragraph (d) of the definition of NJRR funding amount) to give effect to the misdescribed amendment as intended.

 

 

Subsection 7(4) (paragraph (e) of the definition of NJRR funding amount)

 

Kind of editorial change

 

Change to punctuation

 

Details of editorial change

 

Schedule 1 item 2 of the Private Health Insurance (National Joint Replacement Register Levy) Amendment Rule 2019 provides as follows:

2.   Subsection 7(4) (at the end of the definition of NJRR funding amount)

Add:

(e) for the levy day on 30 November of any financial year after 31 October 2018‑ $2 376 000.

 

This compilation was editorially changed to omit the hyphen and insert an em rule in subsection 7(4) (paragraph (e) of the definition of NJRR funding amount) to bring it into line with legislative drafting practice.