2008-2009 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Private Health Insurance (National Joint Replacement Register Levy) Bill 2009 No. , 2009 (Health and Ageing) A Bill for an Act to impose levy on sponsors of joint replacement prostheses [Page Break] 1 Short title ............................................................................................ 1 2 Commencement .................................................................................. 1 3 Crown to be bound.............................................................................. 2 4 Extension of Act to external Territories ............................................. 2 5 Definitions .......................................................................................... 2 6 Imposition of national joint replacement register levy ....................... 4 7 Rate of national joint replacement register levy ................................. 4 8 Private Health Insurance (National Joint Replacement Register Levy) Rules .......................................................................... 5 9 Regulations ......................................................................................... 5 i Private Health Insurance (National Joint Replacement Register Levy) Bill 2009 No. , 2009 [Page Break] 2 replacement prostheses 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Private Health Insurance (National 6 Joint Replacement Register Levy) Act 2009. 7 2 Commence ment 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. Private Health Insurance (National Joint Replacement Register Levy) Bill 2009 No. , 2009 1 [Page Break] 1 Commencement informati on Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 and The day on which this Act receives the 2 and anything in Royal Assent. this Act not elsewhere covered by this table 2. Sections 3 to 9 The later of: (a) 1 Ju ly 2009; and (b) the day on which this Act receives the Royal Assent. 2 Note: This table relates only to the provisions of this Act as originally 3 passed by both Houses of the Parliament and assented to. It will not be 4 expanded to deal with provisions inserted in this Act after assent. 5 (2) Column 3 of the table contains additional information that is not 6 part of this Act. Information in this column may be added to or 7 edited in any published version of this Act. 8 3 Crown to be bound 9 This Act binds the Crown in each of its capacities. 10 4 Extension of Act to external Territories 11 This Act extends to the Territory of Cocos (Keeling) Islands and to 12 the Territory of Christmas Island. 13 5 Definitions 14 (1) In this Act: 15 joint replacement prosthesis means a prosthesis that: 16 (a) is listed in the Private Health Insurance (Prostheses) Rules; 17 and 18 (b) is used in joint replacement. 2 Private Health Insurance (National Joint Replacement Register Levy) Bill 2009 No. , 2009 [Page Break] 1 national joint replacement register levy means the national joint 2 replacement register levy imposed under section 6. 3 national joint replacement register levy day means a national joint 4 replacement register levy day specified in the Private Health 5 Insurance (National Joint Replacement Register Levy) Rules made 6 for the purposes of section 6. 7 Private Health Insurance (National Joint Replacement Register 8 Levy) Rules means the Private Health Insurance (National Joint 9 Replacement Register Levy) Rules made under section 8. 10 Private Health Insurance (Prostheses) Rules has the same 11 meaning as in the Private Health Insurance Act 2007. 12 sponsor has the meaning given by subsection (2). 13 supplementary national joint replacement register levy day means 14 a supplementary national joint replacement register levy day 15 specified in a determination by the Minister under section 6. 16 (2) A person is a sponsor for joint replacement prostheses if: 17 (a) a joint replacement prosthesis is currently listed in the Private 18 Health Insurance (Prostheses) Rules as a result of an 19 application made by the person under subsection 72-10(2) of 20 the Private Health Insurance Act 2007; or 21 (b) if a joint replacement prosthesis is currently listed in the 22 Private Health Insurance (Prostheses) Rules in accordance 23 with section 12 of the Private Health Insurance (Transitional 24 Provisions and Consequential Amendments) Act 2007--the 25 person was, immediately before the commencement of the 26 Private Health Insurance Act 2007, the sponsor of that 27 prosthesis for the purposes of the National Health Act 1953. 28 (3) The Private Health Insurance (National Joint Replacement Register 29 Levy) Rules may provide that one or more kinds of prostheses are 30 taken, or are taken not, to be joint replacement prostheses for the 31 purposes of the definition of joint replacement prosthesis in 32 subsection (1). Private Health Insurance (National Joint Replacement Register Levy) Bill 2009 No. , 2009 3 [Page Break] 1 6 Imposition of national joint replacement register levy 2 (1) National joint replacement register levy is imposed on each 3 sponsor for joint replacement prostheses: 4 (a) on each day specified in the Private Health Insurance 5 (National Joint Replacement Register Levy) Rules as a 6 national joint replacement register levy day for a financial 7 year; and 8 (b) on each day (if any) determined by the Minister, by 9 legislative instrument, as a supplementary national joint 10 replacement register levy day for a financial year. 11 (2) The Private Health Insurance (National Joint Replacement Register 12 Levy) Rules must not specify more than 4 levy days for a financial 13 year. 14 (3) The determination by the Minister must not specify more than 2 15 supplementary levy days for a financial year. 16 7 Rate of national joint re place ment register levy 17 (1) The rate of national joint replacement register levy imposed on a 18 particular day is worked out using the following table: 19 Rate of national joint replacement register levy Item The rate of levy imposed on a ... is the rate that ... 1 national joint replacement register levy (a) is specified in the Private Health day Insurance (National Joint Replacement Register Levy) Rules; and (b) applies on that day. 2 supplementary national joint (a) is determined by the Minister by replacement register levy day legislative instrument; and (b) applies on that day. 20 21 (2) The rate of levy: 22 (a) must be based on the number of joint replacement prostheses 23 sponsored on: 4 Private Health Insurance (National Joint Replacement Register Levy) Bill 2009 No. , 2009 [Page Break] 1 (i) for levy imposed on a national joint replacement register 2 levy day--the day specified in the Private Health 3 Insurance (National Joint Replacement Register Levy) 4 Rules as the census day for the levy day; and 5 (ii) for levy imposed on a supplementary national joint 6 replacement register levy day--the day determined by 7 the Minister, by legislative instrument, as the census day 8 for the levy day; and 9 (b) may differ depending on the kinds of joint replacement 10 prostheses sponsored; and 11 (c) may be zero for one or more kinds of joint replacement 12 prostheses; and 13 (d) for sponsorship of any one joint replacement prosthesis-- 14 must not exceed $5,000 for a financial year. 15 8 Private Health Insurance (National Joint Replace ment Register 16 Levy) Rules 17 The Minister may, by legislative instrument, make Private Health 18 Insurance (National Joint Replacement Register Levy) Rules 19 providing for matters: 20 (a) required or permitted by this Act to be provided; or 21 (b) necessary or convenient to be provided in order to carry out 22 or give effect to this Act. 23 9 Regulations 24 The Governor-General may make regulations prescribing matters: 25 (a) required or permitted by this Act to be prescribed; or 26 (b) necessary or convenient to be prescribed for carrying out or 27 giving effect to this Act. 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