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