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This is a Bill, not an Act. For current law, see the Acts databases.
PRIVATE HEALTH INSURANCE LEGISLATION AMENDMENT BILL 2009
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
i Private Health Insurance Legislation Amendment Bill 2009 No. , 2009
Contents
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
Private Health Insurance Legislation Amendment Bill 2009 No. , 2009 1
A Bill for an Act to amend the law in relation to
1
private health insurance, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Private Health Insurance Legislation
5
Amendment 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
12
2 Private Health Insurance Legislation Amendment Bill 2009 No. , 2009
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedule 1,
items 1 to 3
The later of:
(a) 1 Ju ly 2009; and
(b) the day on which this Act receives the
Royal Assent.
3. Schedule 1,
items 4 to 12
At the same time as sections 3 to 9 of the
Private Health Insurance (National Joint
Replacement Register Levy) Act 2009
commence.
4. Schedule 1,
item 13
The later of:
(a) 1 Ju ly 2009; and
(b) the day on which this Act receives the
Royal Assent.
5. Schedule 1,
item 14
At the same time as sections 3 to 9 of the
Private Health Insurance (National Joint
Replacement Register Levy) Act 2009
commence.
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
12
Amend ments Schedule 1
Private Health Insurance Legislation Amendment Bill 2009 No. , 2009 3
Schedule 1
--
Amendments
1
2
Age Discrimination Act 2004
3
1 Schedule 2 (cell at table item 9A, column headed
4
"Provision
(s)
")
5
Omit "and Part 2-3", substitute ", Part 2-3 and subsection 63-5(4)".
6
Private Health Insurance Act 2007
7
2 Paragraph 55-5(2)(c)
8
After "(lifetime health cover)", insert "or subsection 63-5(4)".
9
3 At the end of section 63-5
10
Add:
11
(4) A premium payable for a policy that covers an insured group of 2
12
or more people that includes a
*
dependent child non-student may
13
be higher than a premium payable for a policy in the same
*
product
14
that covers an insured group of 2 or more people that includes one
15
or more
*
dependent children but no dependent child non-student.
16
(5) A dependent child non-student is a
*
dependent child who:
17
(a) is aged between 18 and 24 (inclusive); and
18
(b) is not receiving full-time education at a school, college or
19
university.
20
4 At the end of section 304-10
21
Add:
22
; (e) levy imposed under the Private Health Insurance (National
23
Joint Replacement Register Levy) Act 2009 (national joint
24
replacement register levy).
25
5 Subparagraph 307-1(1)(a)(iv)
26
Omit "and", substitute "or".
27
6 At the end of paragraph 307-1(1)(a)
28
Add:
29
Schedule 1 A mendments
4 Private Health Insurance Legislation Amendment Bill 2009 No. , 2009
(v)
*
national joint replacement register levy imposed on a
1
supplementary national joint replacement register levy day
2
(within the meaning of the Private Health Insurance
3
(National Joint Replacement Register Levy) Act 2009); and
4
7 Subsection 307-5(1)
5
Omit "private health insurer", substitute "person".
6
8 Subsection 307-5(1)
7
Omit "the insurer", substitute "the person".
8
9 At the end of subsection 307-10(1)
9
Add:
10
; (c) a
*
national joint replacement register levy;
11
(d) a late payment penalty in respect of a national joint
12
replacement register levy.
13
10 Subsection 307-20(1)
14
Omit "of
*
complaints levy,", substitute:
15
of:
16
(a)
*
complaints levy; or
17
(b)
*
national joint replacement register levy;
18
11 Division 310 (heading)
19
Repeal the heading, substitute:
20
Division 310--Returns, requesting information and
21
keeping records: private health insurers
22
12 Division 313 (heading)
23
Repeal the heading, substitute:
24
Division 313--Power to enter premises and search for
25
documents: private health insurers
26
13 Clause 1 of Schedule 1
27
Insert:
28
Amend ments Schedule 1
Private Health Insurance Legislation Amendment Bill 2009 No. , 2009 5
dependent child non-student is defined in subsection 63-5(5).
1
14 Clause 1 of Schedule 1
2
Insert:
3
national joint replacement register levy is defined in paragraph
4
304-10(e).
5