National Health (Private Health Insurance Levies) Regulations 2004 (Cth)

National Health (Private Health Insurance Levies) Regulations 2004

Statutory Rules 2004 No. 1871

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the National Health Act 1953.

Dated 24 June 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

TONY ABBOTT

Minister for Health and Ageing

Contents

    1Name of Regulations

These Regulations are the National Health (Private Health Insurance Levies) Regulations 2004.

2Commencement

These Regulations commence on 1 July 2004.

3Definition

In these Regulations:

Act means the National Health Act 1953.

4When private health insurance levy must be paid

For items 1, 4 and 6 of the table in subsection 83B (1) of the Act (relating to ACAC review levy, Council administration levy and Reinsurance Trust Fund levy), the 14th day after the levy day is specified as the payment day for the levy day.

Note The levy day for these levies is specified in the Private Health Insurance (ACAC Review Levy) Regulations 2004, Private Health Insurance (Council Administration Levy) Regulations 2004 and Private Health Insurance (Reinsurance Trust Fund Levy) Regulations 2004.

5Extension of the payment day

1. (1)

   For paragraph 140 (3) (b) of the Act, a registered health benefits organization may apply to the Council for an extension of the payment day for a private health insurance levy at any time before the payment day for the levy.

Note The payment day for ACAC review levy, Council administration levy and Reinsurance Trust Fund levy is specified in regulation 4.

1. (2)

   An application must:

   1. (a)

      be in writing; and

   2. (b)

      set out the reasons for seeking the extension.

2. (3)

   If the Council receives an application, the Council must:

   1. (a)

      decide whether to grant the extension; and

   2. (b)

      give written notice of the decision to the applicant.

3. (4)

   The Council must comply with subregulation (3):

   1. (a)

      for an application for an extension of the payment day for an ACAC review levy or a Council administration levy — within 7 days after receiving the application; and

   2. (b)

      for an application for an extension of the payment day for a Reinsurance Trust Fund levy — within a reasonable time after receiving the application.

4. (5)

   A person who receives notice of a decision under subregulation (3) must:

   1. (a)

      if the decision is to grant the extension — pay the levy to which the decision relates on or before the date specified in the notice; and

   2. (b)

      if the decision is to refuse the extension — pay the levy to which the decision relates, and any late payment penalty, within 14 days after receiving the notice.

Note Section 83F of the Act provides that the Council may waive the whole or a part of an amount of a late payment penalty in respect of an unpaid amount of an ACAC review levy or a Council administration levy.

6Rate of late payment penalty

For paragraph 83C (2) (a) of the Act, the rate of 15% per year is prescribed.

7Application for waiver of collapsed organization levy amount

For subsection 83G (2) of the Act, an application must be in accordance with Form 1 in Schedule 1.

8Refund of overpayment of a levy or late payment penalty

1. (1)

   This regulation applies in relation to the following levies:

   1. (a)

      an ACAC review levy;

   2. (b)

      a collapsed organization levy;

   3. (c)

      a Council administration levy.

2. (2)

   For paragraph 140 (3) (c) of the Act, a registered health benefits organization may apply to the Council for a refund of an amount of a levy, or a late payment penalty, that is overpaid.

3. (3)

   An application must be in writing and must state the following information:

   1. (a)

      whether the application relates to an overpayment of a levy or an overpayment of late payment penalty, or both;

   2. (b)

      the kind of levy to which the overpayment relates;

   3. (c)

      the amount of the overpayment;

   4. (d)

      the levy day relating to the overpayment;

   5. (e)

      the date when the organization became aware of the overpayment;

   6. (f)

      the reasons for the overpayment.

4. (4)

   Within 28 days after receiving an application under subregulation (3), the Council must:

   1. (a)

      decide whether:

      1. (i)

         to refund the amount of the overpayment to the organization; or

      2. (ii)

         if another levy or late payment penalty is due and payable by the organization, and has not been paid — to retain the amount of the overpayment and apply it as payment (in whole or in part) of that levy or penalty; and

   2. (b)

      give written notice of the decision to the organization.

Schedule 1Forms

(regulation 7)

Form 1Application for waiver of collapsed organization levy amount

National Health Act 1953

APPLICATION FOR WAIVER OF COLLAPSED ORGANIZATION LEVY AMOUNT BY A REGISTERED HEALTH BENEFITS ORGANIZATION

Name of registered health benefits organization:	ACN or ABN of registered health benefits organization:
Address of registered health benefits organization:
Reason for seeking waiver:
Amount of levy to be waived:
Description of attached supporting documentation:

…………………………………..

(Signed) Chief Executive Officer

Date:

Note

1. Notified in the Commonwealth of Australia Gazette on 1 July 2004.