Health Insurance Amendment Regulations 2009 (No. 2)1

Select Legislative Instrument 2009 No. 225

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Health Insurance Act 1973.

Dated 7 September 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

NICOLA ROXON

Minister for Health and Ageing

1 Name of Regulations

  These Regulations are the Health Insurance Amendment Regulations 2009 (No. 2).

2 Commencement

  These Regulations commence on the day after they are registered.

3 Amendment of Health Insurance Regulations 1975

  Schedule 1 amends the Health Insurance Regulations 1975.

Schedule 1 Amendment

(regulation 3)

 

[1] After regulation 20C

insert

20CA Method for determining substantial difference from market value

 (1) For subsection 23DZZIF (9) of the Act, the method mentioned in subregulation (2) is prescribed for working out whether the amount of a payment or of consideration for property, goods or services is substantially different from the market value of the property, goods or services.

 (2) The amount of the payment or consideration is substantially different from the market value, determined in accordance with regulation 20CB, if the difference between the market value and the payment or consideration is more than 20% of the market value.

20CB Method for determining market value

 (1) For subsection 23DZZIF (9) of the Act, the market value of property, goods or services is the amount that a willing purchaser would have had to pay, at the time mentioned in subregulation (2), to a vendor who was willing, but not anxious, to sell.

 (2) The time is:

 (a) for an offence of asking for a benefit that is not a permitted benefit — when the person asked for the benefit; or

 (b) for an offence of accepting a benefit that is not a permitted benefit — when the person accepted the benefit; or

 (c) for an offence of offering a benefit that is not a permitted benefit — when the person offered the benefit; or

 (d) for an offence of providing a benefit that is not a permitted benefit — when the person provided the benefit.

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.