This is the Private Health Insurance (National Joint Replacement Register Levy) Rule 2015.

(1) Each provision of this instrument 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
Provisions	Commencement	Date/Details
1. The whole of this instrument	The day after this instrument is registered.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under the Private Health Insurance (National Joint Replacement Register Levy) Act 2009.

4 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) joint replacement prosthesis;

(b) national joint replacement register levy;

(d) register.

In this instrument:

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

levy means national joint replacement register levy.

levy day means national joint replacement register levy day.

Part 2—Levy day

5 Levy day

For paragraph 6(1)(a) of the Act, 31 October in each financial year is specified as the national joint replacement register levy day for the financial year.

Part 3—Rate of levy

6 Rate of levy—hand articulation prostheses and foot articulation prostheses

For item 1 of the table in subsection 7(1) of the Act, the rate of levy for a levy day is zero for the recording on the register of the provision of a joint replacement prosthesis that is:

(a) a hand articulation prosthesis; or

(b) a foot articulation prosthesis.

7 Rate of levy—other joint replacement prostheses

(1) For item 1 of the table in subsection 7(1) of the Act, the rate of levy for a levy day for the recording on the register of the provision of a joint replacement prosthesis (other than a hand articulation prosthesis or a foot articulation prosthesis) is worked out under subsections (2) and (3).

Step 1—rate of levy if base amount equals or exceeds $5 000

(2) The rate of levy for the prosthesis for the levy day is $5 000 if the amount (the base amount) worked out for the prosthesis for the levy day using the following formula equals or exceeds $5 000:

Step 2—rate of levy if base amount is less than $5 000

(3) If the base amount under subsection (2) for the prosthesis for the levy day is less than $5 000, the rate of levy for the prosthesis (the relevant prosthesis) for the levy day is the lesser of $5 000 and the amount worked out for the relevant prosthesis for the levy day using the following formula:

where:

adjusted total benefit amount means:

(a) the total benefit amount for the levy day; less

(b) the sum of each prosthesis benefit amount for the levy day for a prosthesis for which:

(i) the base amount for the levy day exceeds the base amount for the relevant prosthesis for the levy day; and

(ii) the rate of levy worked out under subsection (2) or this subsection for the levy day equals or exceeds $5 000.

n means the number of prostheses for the levy day for which:

(a) the base amount for the levy day exceeds the base amount for the relevant prosthesis for the levy day; and

(b) the rate of levy worked out under subsection (2) or this subsection for the levy day equals or exceeds $5 000.

Definitions

(4) In this section:

NJRR funding amount means:

(a) for the levy day on 31 October 2015—$2 243 000; or

(b) for the levy day on 31 October 2016—$2 286 000; or

(d) for the levy day on 31 October 2018—$2 376 000.

prosthesis benefit amount for a prosthesis for a levy day means the amount worked out by multiplying:

(a) the number of recordings on the register of the provision of the prosthesis during the financial year ending before the levy day (being recordings made on or before the 30 September before the levy day); by

(b) the minimum benefit for the prosthesis set out, or worked out using the method set out, in the Private Health Insurance (Prostheses) Rules, as in force immediately before the levy day, for the purposes of item 4 of the table in subsection 72‑1(2) of the Private Health Insurance Act 2007.

total benefit amount for a levy day means the sum of each prosthesis benefit amount for a joint replacement prosthesis (other than a hand articulation prosthesis or a foot articulation prosthesis) for which a recording was made on the register of the provision of the prosthesis during the financial year ending before the levy day (being a recording made on or before the 30 September before the levy day).