2008-2009 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Private Health Insurance Legislation Amendment Bill 2009 No. , 2009 (Health and Ageing) A Bill for an Act to amend the law in relation to private health insurance, and for related purposes [Page Break] 1 Short title ............................................................................................ 1 2 Commencement .................................................................................. 1 3 Schedule(s) ......................................................................................... 2 Schedule 1--Amendme nts 3 Age Discrimination Act 2004 3 Private Health Insurance Act 2007 3 i Private Health Insurance Legislation Amendment Bill 2009 No. , 2009 [Page Break] 2 private health insurance, and for related purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Private Health Insurance Legislation 6 Amendment 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. 12 Private Health Insurance Legislation Amendment Bill 2009 No. , 2009 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, The later of: items 1 to 3 (a) 1 Ju ly 2009; and (b) the day on which this Act receives the Royal Assent. 3. Schedule 1, At the same time as sections 3 to 9 of the items 4 to 12 Private Health Insurance (National Joint Replacement Register Levy) Act 2009 commence. 4. Schedule 1, The later of: item 13 (a) 1 Ju ly 2009; and (b) the day on which this Act receives the Royal Assent. 5. Schedule 1, At the same time as sections 3 to 9 of the item 14 Private Health Insurance (National Joint Replacement Register Levy) Act 2009 commence. 1 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 Schedule(s) 8 Each Act that is specified in a Schedule to this Act is amended or 9 repealed as set out in the applicable items in the Schedule 10 concerned, and any other item in a Schedule to this Act has effect 11 according to its terms. 12 2 Private Health Insurance Legislation Amendment Bill 2009 No. , 2009 [Page Break] 1 Schedule 1--Amendments 2 3 Age Discrimination Act 2004 4 1 Schedule 2 (cell at table item 9A, column headed 5 "Provision(s)") 6 Omit "and Part 2-3", substitute ", Part 2-3 and subsection 63-5(4)". 7 Private Health Insurance Act 2007 8 2 Paragraph 55-5(2)(c) 9 After "(lifetime health cover)", insert "or subsection 63-5(4)". 10 3 At the end of section 63-5 11 Add: 12 (4) A premium payable for a policy that covers an insured group of 2 13 or more people that includes a * dependent child non-student may 14 be higher than a premium payable for a policy in the same * product 15 that covers an insured group of 2 or more people that includes one 16 or more * dependent children but no dependent child non-student. 17 (5) A dependent child non-student is a * dependent child who: 18 (a) is aged between 18 and 24 (inclusive); and 19 (b) is not receiving full-time education at a school, college or 20 university. 21 4 At the end of section 304-10 22 Add: 23 ; (e) levy imposed under the Private Health Insurance (National 24 Joint Replacement Register Levy) Act 2009 (national joint 25 replacement register levy). 26 5 Subparagraph 307-1(1)(a)(iv) 27 Omit "and", substitute "or". 28 6 At the end of paragraph 307-1(1)(a) 29 Add: Private Health Insurance Legislation Amendment Bill 2009 No. , 2009 3 [Page Break] 1 (v) * national joint replacement register levy imposed on a 2 supplementary national joint replacement register levy day 3 (within the meaning of the Private Health Insurance 4 (National Joint Replacement Register Levy) Act 2009); and 5 7 Subsection 307-5(1) 6 Omit "private health insurer", substitute "person". 7 8 Subsection 307-5(1) 8 Omit "the insurer", substitute "the person". 9 9 At the end of subsection 307-10(1) 10 Add: 11 ; (c) a * national joint replacement register levy; 12 (d) a late payment penalty in respect of a national joint 13 replacement register levy. 14 10 Subsection 307-20(1) 15 Omit "of * complaints levy,", substitute: 16 of: 17 (a) * complaints levy; or 18 (b) * national joint replacement register levy; 19 11 Division 310 (heading) 20 Repeal the heading, substitute: 21 Division 310--Returns, requesting information and 22 keeping records: private health insurers 23 12 Division 313 (heading) 24 Repeal the heading, substitute: 25 Division 313--Power to enter premises and search for 26 documents: private health insurers 27 13 Clause 1 of Schedule 1 28 Insert: 4 Private Health Insurance Legislation Amendment Bill 2009 No. , 2009 [Page Break] 1 dependent child non-student is defined in subsection 63-5(5). 2 14 Clause 1 of Schedule 1 3 Insert: 4 national joint replacement register levy is defined in paragraph 5 304-10(e). Private Health Insurance Legislation Amendment Bill 2009 No. , 2009 5