(1)

The rate of collapsed organization levy imposed on a collapsed organization levy day is the rate that:

(a) is determined in writing by the Minister; and
(b) applies on that day.

(2)

In determining the rate of levy, the Minister must have regard to the total value of the collapsed organization's liabilities to its contributors.

(3)

The rate of levy:

(a) must be based on the number of contributors who contribute to the health benefits fund conducted by the registered health benefits organization on the day determined in writing by the Minister as the census day for the levy day; and
(b) may be different for:
(i) contributors who contribute in respect of one person to the health benefits fund conducted by the organization; and
(ii) contributors who contribute in respect of more than one person to the health benefits fund conducted by the organization; and
(c) may be set at zero.

(4)

A determination under subsection (1) or paragraph (3)(a) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .