Private Health Insurance (National Joint Replacement Register Levy) Act 2009

No. 51, 2009

An Act to impose levy on sponsors of joint replacement prostheses

[Assented to 24 June 2009]

The Parliament of Australia enacts:

This Act may be cited as the Private Health Insurance (National Joint Replacement Register Levy) Act 2009.

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

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.	24 June 2009
2. Sections 3 to 9	The later of: (a) 1 July 2009; and (b) the day on which this Act receives the Royal Assent.	1 July 2009

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3 Crown to be bound

This Act binds the Crown in each of its capacities.

4 Extension of Act to external Territories

This Act extends to the Territory of Cocos (Keeling) Islands and to the Territory of Christmas Island.

5 Definitions

(1) In this Act:

joint replacement prosthesis means a prosthesis that:

(a) is listed in the Private Health Insurance (Prostheses) Rules; and

(b) is used in joint replacement.

national joint replacement register levy means the national joint replacement register levy imposed under section 6.

national joint replacement register levy day means a national joint replacement register levy day specified in the Private Health Insurance (National Joint Replacement Register Levy) Rules made for the purposes of section 6.

Private Health Insurance (National Joint Replacement Register Levy) Rules means the Private Health Insurance (National Joint Replacement Register Levy) Rules made under section 8.

Private Health Insurance (Prostheses) Rules has the same meaning as in the Private Health Insurance Act 2007.

sponsor has the meaning given by subsection (2).

supplementary national joint replacement register levy day means a supplementary national joint replacement register levy day specified in a determination by the Minister under section 6.

(2) A person is a sponsor for joint replacement prostheses if:

(a) a joint replacement prosthesis is currently listed in the Private Health Insurance (Prostheses) Rules as a result of an application made by the person under subsection 72‑10(2) of the Private Health Insurance Act 2007; or

(b) if a joint replacement prosthesis is currently listed in the Private Health Insurance (Prostheses) Rules in accordance with section 12 of the Private Health Insurance (Transitional Provisions and Consequential Amendments) Act 2007—the person was, immediately before the commencement of the Private Health Insurance Act 2007, the sponsor of that prosthesis for the purposes of the National Health Act 1953.

(3) The Private Health Insurance (National Joint Replacement Register Levy) Rules may provide that one or more kinds of prostheses are taken, or are taken not, to be joint replacement prostheses for the purposes of the definition of joint replacement prosthesis in subsection (1).

6 Imposition of national joint replacement register levy

(1) National joint replacement register levy is imposed on each sponsor for joint replacement prostheses:

(a) on each day specified in the Private Health Insurance (National Joint Replacement Register Levy) Rules as a national joint replacement register levy day for a financial year; and

(b) on each day (if any) determined by the Minister, by legislative instrument, as a supplementary national joint replacement register levy day for a financial year.

(2) The Private Health Insurance (National Joint Replacement Register Levy) Rules must not specify more than 4 levy days for a financial year.

(3) The determination by the Minister must not specify more than 2 supplementary levy days for a financial year.

7 Rate of national joint replacement register levy

(1) The rate of national joint replacement register levy imposed on a particular day is worked out using the following table:

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.

(2) The rate of levy:

(a) must be based on the number of joint replacement prostheses sponsored on:

(i) for levy imposed on a national joint replacement register levy day—the day specified in the Private Health Insurance (National Joint Replacement Register Levy) Rules as the census day for the levy day; and

(ii) for levy imposed on a supplementary national joint replacement register levy day—the day determined by the Minister, by legislative instrument, as the census day for the levy day; and

(b) may differ depending on the kinds of joint replacement prostheses sponsored; and

(d) for sponsorship of any one joint replacement prosthesis—must not exceed $5,000 for a financial year.

8 Private Health Insurance (National Joint Replacement Register Levy) Rules

The Minister may, by legislative instrument, make Private Health Insurance (National Joint Replacement Register Levy) Rules providing for matters:

(a) required or permitted by this Act to be provided; or

(b) necessary or convenient to be provided in order to carry out or give effect to this Act.

9 Regulations

The Governor‑General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.