2004-2005-2006 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Private Health Insurance Complaints Levy Amendment Bill 2006 No. , 2006 (Health and Ageing) A Bill for an Act to amend the Private Health Insurance Complaints Levy Act 1995, and for related purposes [Page Break] 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Schedule(s) ........................................................................................ 2 Schedule 1--Amendments 3 Private Health Insurance Complaints Levy Act 1995 3 [Page Break] 1 Insurance Complaints Levy Act 1995, and for related 2 purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Private Health Insurance Complaints 6 Levy Amendment Act 2006. 7 2 Commencement 8 (1) Each provision of this Act specified in column 1 of the table 9 commences, or is taken to have commenced, in accordance with 10 column 2 of the table. Any other statement in column 2 has effect 11 according to its terms. 12 13 Private Health Insurance Complaints Levy Amendment Bill 2006 No. , 2006 1 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedule 1 1 April 2007. 1 April 2007 Note: This table relates only to the provisions of this Act as originally 1 passed by both Houses of the Parliament and assented to. It will not be 2 expanded to deal with provisions inserted in this Act after assent. 3 (2) Column 3 of the table contains additional information that is not 4 part of this Act. Information in this column may be added to or 5 edited in any published version of this Act. 6 3 Schedule(s) 7 Each Act that is specified in a Schedule to this Act is amended or 8 repealed as set out in the applicable items in the Schedule 9 concerned, and any other item in a Schedule to this Act has effect 10 according to its terms. 11 [Page Break] Schedule 1--Amendments 2 3 Private Health Insurance Complaints Levy Act 1995 4 1 Title 5 Omit "businesses conducted by registered organizations", substitute 6 "business conducted by private health insurers". 7 2 Section 1 8 Omit "Complaints Levy", substitute "(Complaints Levy)". 9 Note: This item amends the short title of the Act. If another amendment of the Act is 10 described by reference to the Act's previous short title, that other amendment has effect 11 after the commencement of this item as an amendment of the Act under its amended 12 short title (see section 10 of the Acts Interpretation Act 1901). 13 3 Subsection 3(1) (definition of health insurance business) 14 Omit "section 67 of the National Health Act 1953", substitute "the 15 Private Health Insurance Act 2006". 16 4 Subsection 3(1) 17 Insert: 18 complaints levy day means the day specified as the complaints levy 19 day in Private Health Insurance (Complaints Levy) Rules made for 20 the purposes of subsection 5(2). 21 5 Subsection 3(1) 22 Insert: 23 supplementary complaints levy day means a supplementary 24 complaints levy day specified in a determination by the Minister 25 under section 5. 26 6 Subsection 3(2) 27 Repeal the subsection, substitute: 28 (2) Other expressions used in this Act have the same meanings in this 29 Act as in the Private Health Insurance Act 2006. 30 7 Section 5 31 [Page Break] 1 5 Imposition of levy 2 (1) Levy is imposed on the conduct of health insurance business by 3 private health insurers: 4 (a) on each day specified in the Private Health Insurance 5 (Complaints Levy) Rules as a complaints levy day for a 6 financial year; and 7 (b) on each day (if any) determined by the Minister, by 8 legislative instrument, as a supplementary complaints levy 9 day for a financial year. 10 (2) The Private Health Insurance (Complaints Levy) Rules must not 11 specify more than 4 complaints levy days for a financial year. 12 (3) The determination by the Minister must not specify more than 2 13 supplementary complaints levy days for a financial year. 14 8 Section 6 15 Repeal the section, substitute: 16 6 Rate of levy 17 (1) The rate of complaints levy imposed on a particular day is worked 18 out using the following table: 19 20 Rate of complaints levy Item The rate of levy imposed on a ... is the rate that ... (a) is specified in the Private Health 1 complaints levy day Insurance (Complaints Levy) Rules; and (b) applies on that day. (a) is determined by the Minister by 2 supplementary complaints levy legislative instrument; and day (b) applies on that day. 21 (2) The rate of levy: 22 (a) must be based on the number of complying health insurance 23 policies on issue on: 24 [Page Break] 1 specified in the Private Health Insurance (Complaints 2 Levy) Rules as the census day for the levy day; and 3 (ii) for levy imposed on a supplementary complaints levy 4 day--the day determined by the Minister, by legislative 5 instrument, as the census day for the levy day; and 6 (b) may be different for complying health insurance policies 7 under which different numbers of people are insured; and 8 (c) may be set at zero; and 9 (d) must not exceed: 10 (i) in respect of complying health insurance policies under 11 which only one person is insured--50 cents a quarter; 12 and 13 (ii) otherwise--$1 a quarter. 14 9 Section 7 15 Omit "the registered organization conducting the", substitute "each 16 private health insurer conducting". 17 10 Section 8 18 Repeal the section, substitute: 19 8 Private Health Insurance (Complaints Levy) Rules 20 The Minister may, by legislative instrument, make Private Health 21 Insurance (Complaints Levy) Rules providing for matters: 22 (a) required or permitted by this Act to be provided; or 23 (b) necessary or convenient to be provided in order to carry out 24 or give effect to this Act. 25