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. 7

Compilation date: 29 November 2025

Includes amendments: F2025L01462

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 29 November 2025 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

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.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

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. Any modifications affecting the law are accessible on the Register.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Name

3 Authority

4 Definitions

Part 2—Levy day

5 Levy day

Part 3—Rate of levy

6 Rate of levy—hand articulation medical devices and foot articulation medical devices

7 Rate of levy—other joint replacement devices

Part 4—Liability for payment of levy

8 Who is liable to pay national joint replacement register levy?

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Editorial changes

Part 1—Preliminary

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 device;

(b) national joint replacement register levy;

(c) national joint replacement register levy day;

(d) Private Health Insurance (Medical Devices and Human Tissue Products) Rules;

(e) 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 2—Levy day

5  Levy day

  For paragraph 6(1)(a) of the Act, each of the following days is a levy day for a financial year:

(a) for the financial year beginning on 1 July 2025 – 28 February 2026;

(b) for the financial year beginning on 1 July 2026 and for each subsequent financial year – 30 November in that financial year.

Part 3—Rate of levy

6  Rate of levy—hand articulation medical devices and foot articulation medical devices

  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 device that is:

 (a) a hand articulation medical device; or

 (b) a foot articulation medical device.

7  Rate of levy—other joint replacement devices

 (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 device (other than a hand articulation medical device or a foot articulation medical device) 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 joint replacement device for the levy day is $5 000 if the amount (the base amount) worked out for the joint replacement device 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 joint replacement device for the levy day is less than $5 000, the rate of levy for the joint replacement device (the relevant joint replacement device) for the levy day is the lesser of $5 000 and the amount worked out for the relevant joint replacement device 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 device benefit amount for the levy day for joint replacement device for which:

 (i) the base amount for the levy day exceeds the base amount for the relevant joint replacement device 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 joint replacement devices for the levy day for which:

 (a) the base amount for the levy day exceeds the base amount for the relevant joint replacement device 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:

device benefit amount for a joint replacement device for a levy day means the amount worked out by multiplying:

 (a) the number of recordings on the register of the provision of the joint replacement device 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 joint replacement device set out, or worked out using the method set out, in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules, as in force immediately before the levy day, made for the purposes of item 4 of the table in subsection 72‑1(2) of the Private Health Insurance Act 2007.

NJRR funding amount means for the levy day on 28 February 2026—$3,571,000.

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

Part 4—Liability for payment of levy

8  Who is liable to pay national joint replacement register levy?

  For section 7A of the Act, national joint replacement register levy imposed in relation to a joint replacement device for a financial year is payable by the person mentioned for the device in Schedule 1 to the Private Health Insurance (Medical Devices and Human Tissue Products) Rules in force on the national joint replacement levy day for that financial year.

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

Endnote 5—Editorial changes

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

Section 5 (heading)

Kind of editorial change

Removal of redundant text

Details of editorial change

Schedule 1 item 1 of the Private Health Insurance (National Joint Replacement Register Levy) Amendment Rule 2025 provides as follows:

1  Section 5

 Repeal the section, substitute:

Section 5  Levy day

For paragraph 6(1)(a) of the Act, each of the following days is a levy day for a financial year:

(a) for the financial year beginning on 1 July 2025 – 28 February 2026;

(b) for the financial year beginning on 1 July 2026 and for each subsequent financial year – 30 November in that financial year.

This compilation was editorially changed to omit “Section” from the section 5 heading to remove the redundant text and bring it into line with legislative drafting practice.