Private Health Insurance Act 2007 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act may be cited as the
Private Health Insurance Act 2007 .
This Act commences on 1 April 2007.
(1) Many of the terms in this Act are defined in the Dictionary in Schedule 1.
(2) Most of the terms that are defined in the Dictionary are identified by an asterisk appearing at the start of the term: as in “*health benefits fund”. The footnote with the asterisk contains a signpost to the Dictionary.
(3) An asterisk usually identifies the first occurrence of a term in a section (if not divided into subsections), subsection, definition, table item or diagram. Later occurrences of the term in the same provision are not usually asterisked.
(4) Terms are not asterisked in headings, notes, examples or guides.
(5) If a term is not identified by an asterisk, disregard that fact in deciding whether or not to apply to that term a definition or other interpretation provision.
(6) The following basic terms used throughout the Act are not identified with an asterisk:
2 | Federal Court | the Dictionary in Schedule 1 |
3 | insurance | section 5‑1 |
4 | Chief Executive Medicare | the Dictionary in Schedule 1 |
5 | Private Health Insurance Ombudsman | the Dictionary in Schedule 1 |
6 | private health insurer | the Dictionary in Schedule 1 |
This Act extends to Norfolk Island.
This Act is about private health insurance. It:
(a) provides incentives to encourage people to have private health insurance; and
(b) sets out rules governing private health insurance *products.
Note: The
Private Health Insurance (Prudential Supervision) Act 2015 sets out the registration process for private health insurers, imposes requirements about how private health insurers conduct health insurance business and deals with other matters in relation to the prudential supervision of private health insurers.
Chapter 2 provides the following incentives:
(a) reductions in premiums for *complying health insurance policies;
(c) a lifetime health cover scheme, under which premiums may rise for people who do not maintain private health insurance from an early age.
Chapter 3 requires insurers who make private health insurance available to people to do so in a non‑discriminatory way, to offer *products that comply with this Act, and to meet certain other obligations imposed by this Act in relation to those products.
Chapter 4 defines the key concepts of *health insurance business and *health benefits funds. It also deals with some related matters and imposes miscellaneous obligations on private health insurers.
Chapter 5 provides for a range of enforcement mechanisms aimed at monitoring and ensuring compliance with this Act and protecting the interests of *policy holders.
Chapter 6 contains administrative and machinery provisions relating to the operation of this Act.
The Dictionary in Schedule 1 contains definitions of terms used throughout this Act.
In this Act:
insurance means insurance to which paragraph 51(xiv) of the Constitution applies.
This Act does not apply with respect to State insurance that does not extend beyond the limits of the State concerned.
(1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
(3) In this section:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
This Chapter contains the following incentives to encourage people to have private health insurance:
(a) reductions in premiums (see Division 23);
(c) lifetime health cover (see Part 2‑3).
To encourage people to take out, and continue to hold, private health insurance, this Part provides that people may reduce the premiums payable for their complying health insurance policies by participating in the premiums reduction scheme in Division 23.
Note: The premiums reduction scheme is complemented by the private health insurance offset provided for by Subdivision 61‑G of the
Income Tax Assessment Act 1997 .
Matters relating to the *premiums reduction scheme are also dealt with in the Private Health Insurance (Incentives) Rules. The provisions of this Part indicate when a particular matter is or might be dealt with in these Rules.
Note: The Private Health Insurance (Incentives) Rules are made by the Minister under section 333‑20.
This Subdivision applies if a premium, or an amount in respect of a premium, was paid, or is payable, during a financial year under a *complying health insurance policy in respect of a period (the
premium period ).
Adults insured under policy
(1) Each *adult insured under the *complying health insurance policy throughout the premium period is a
PHIIB , in respect of the premium or amount.Note:
PHIIB is short forprivate health insurance incentive beneficiary .
Dependent person‑only policies
(2) Subsections (3) and (4) apply if the only persons insured under the *complying health insurance policy throughout the premium period are one or more *dependent persons.
(3) Each person who is a parent (within the meaning of Part 2.11 of the
Social Security Act 1991 ) in relation to one or more of those *dependent persons on the last day of the financial year mentioned in section 22‑1 is aPHIIB , in respect of the premium or amount.(4) However, the person who pays the premium or amount is the only
PHIIB , in respect of the premium or amount, if:
(a) disregarding this subsection, more than one person would be a *PHIIB in respect of the premium or amount because of subsection (3); and
(b) those persons are not married to each other (within the meaning of the
A New Tax System (Medicare Levy Surcharge—Fringe Benefits) Act 1999 ) at the end of the financial year; and(c) the person who pays the premium or amount is not a *dependent person.
The amount of the
PHII benefit , in respect of the premium or amount, is:
(a) if there is only one *PHIIB in respect of the premium or amount—the PHIIB’s *share of the PHII benefit in respect of the premium or amount; or
(b) if there is more than one PHIIB in respect of the premium or amount—the sum of each of those PHIIB’s share of the PHII benefit in respect of the premium or amount.
Note:
PHII benefit is short forprivate health insurance incentive benefit .
(1) If there is only one *PHIIB in respect of the premium or amount, the amount of the *PHIIB’s
share of the PHII benefit , in respect of the premium or amount, is the sum of:
(a) 30% of the amount of the premium, or of the amount in respect of a premium, paid or payable in respect of days in the premium period on which no person insured under the policy was aged 65 years or over; and
(b) 35% of the amount of the premium, or of the amount in respect of a premium, paid or payable in respect of days in the premium period on which:
(i) at least one person insured under the policy was aged 65 years or over; and
(ii) no person insured under the policy was aged 70 years or over; and
(c) 40% of the amount of the premium, or of the amount in respect of a premium, paid or payable in respect of days in the premium period on which at least one person insured under the policy was aged 70 years or over.
Private health insurance tiers
(2) Reduce the amount of each percentage specified in subsection (1) (as affected by subsection (5A)) by 10 percentage points if the *PHIIB is a *tier 1 earner for the financial year mentioned in section 22‑1.
(3) Reduce the amount of each percentage specified in subsection (1) (as affected by subsection (5A)) by 20 percentage points if the *PHIIB is a *tier 2 earner for the financial year mentioned in section 22‑1.
(4) Reduce the amount of each percentage specified in subsection (1) (as affected by subsection (5A)) to nil if the *PHIIB is a *tier 3 earner for the financial year mentioned in section 22‑1.
(5) For the purposes of applying subsections (2), (3) and (4) in relation to the premium or amount, treat the table in subsection 22‑30(1) as applying to the *PHIIB for the financial year if he or she is a PHIIB in respect of the premium or amount because of subsection 22‑5(3) or (4).
Note 1: The table in subsection 22‑30(1) sets out the private health insurance tiers for families.
Note 2: Subsections 22‑5(3) and (4) apply if the only persons insured under the policy are dependent persons.
Annual adjustment of percentages
(5A) For each adjustment year, each percentage specified in subsection (1), (2) or (3) is replaced by the percentage worked out as follows:
(a) for the adjustment year starting on 1 April 2014—multiply the specified percentage by the adjustment factor for the adjustment year;
(b) for a later adjustment year—multiply the specified percentage, as worked out under this subsection for the preceding adjustment year, by the adjustment factor for the later adjustment year.
(5B) Percentages are to be worked out under subsection (5A) to 3 decimal places (rounding up if the fourth decimal place is 5 or more).
(5C) The percentages worked out under subsection (5A) for an adjustment year apply in relation to premiums, or amounts in respect of premiums, that were paid, or that are payable, at any time in the adjustment year.
(5D) Each of the following is an
adjustment year :
(a) the period of 12 months starting on 1 April 2014;
(b) the period of 12 months starting on each later 1 April.
(5E) The
adjustment factor for an adjustment year is to be determined in accordance with the Private Health Insurance (Incentives) Rules. However, if the factor so determined for an adjustment year is more than 1, theadjustment factor for that year is instead taken to be 1.
Lifetime health cover loading
(6) For the purposes of applying paragraphs (1)(a), (b) and (c), reduce the amount of the premium, or the amount in respect of a premium, by any part of that amount that is attributable to an increase in the premium in accordance with Division 34.
If there is more than one *PHIIB in respect of the premium or amount, work out in accordance with section 22‑15 the amount of each of those PHIIB’s
share of the PHII benefit , in respect of the premium or amount, on the following assumptions:
(a) assume that the PHIIB is the only person who is a PHIIB in respect of the premium or amount;
(b) assume that the premium or amount is the amount of the premium (or the amount in respect of the premium) divided by the number of persons who are PHIIBs in respect of the premium or amount.
(1) If:
(a) the *PHIIB mentioned in subsection 22‑15(1) was insured under a *complying health insurance policy (the
original policy ) (whether or not the policy mentioned in section 22‑1) at a time before the start of the premium period mentioned in that section; and(b) the PHIIB was not a *dependent person at that time; and
(c) at that time, another person (the
entitling person ) was:
(i) insured under the original policy; and
(ii) aged 65 years or over; and
(d) the entitling person subsequently ceased to be insured under the original policy;
subsection 22‑15(1) applies in relation to the complying health insurance policy mentioned in section 22‑1 as if:
(e) the entitling person were also insured under that policy; and
(f) the entitling person were the same age as the age at which he or she ceased to be insured under the original policy.
(2) Subsection (1) ceases to apply if a person (other than a *dependent person) who was not insured under the original policy at the time the entitling person ceased to be insured under it becomes insured under the *complying health insurance policy mentioned in section 22‑1.
(3) Subsection (1) does not apply if its application would result in the *PHIIB’s *share of the PHII benefit being less than it would otherwise have been.
Families
(1) The following table applies to a person (the
first person ) for a financial year if:
(a) on the last day of the financial year, the person is married (within the meaning of the
A New Tax System (Medicare Levy Surcharge—Fringe Benefits) Act 1999 ); or(b) on any day in the financial year, the person contributes in a substantial way to the maintenance of a *dependent person who is:
(i) the person’s child (within the meaning of the
Income Tax Assessment Act 1997 ); or(ii) the person’s sibling (including the person’s half‑brother, half‑sister, adoptive brother, adoptive sister, step‑brother, step‑sister, foster‑brother or foster‑sister) who is dependent on the person for economic support:
1 | his or her *family tier 1 threshold | his or her *family tier 2 threshold. | |
2 | his or her *family tier 2 threshold | his or her *family tier 3 threshold. | |
3 | his or her *family tier 3 threshold | not applicable. | |
(2) For the purposes of subsection (1), if paragraph (1)(a) applies, treat the *income for surcharge purposes for the financial year of the person to whom the first person is married (as mentioned in that paragraph) as included in the first person’s income for surcharge purposes for the financial year.
(3) Subdivision 960‑J of the
Income Tax Assessment Act 1997 (Family relationships) applies to subparagraphs (1)(b)(i) and (ii) of this section in the same way as it applies to that Act.
Singles
(4) The following table applies to a person for a financial year if the table in subsection (1) does not apply to the person for the financial year:
1 | his or her *singles tier 1 threshold | his or her *singles tier 2 threshold. | |
2 | his or her *singles tier 2 threshold | his or her *singles tier 3 threshold. | |
3 | his or her *singles tier 3 threshold | not applicable. | |
(1) A person’s
singles tier 1 threshold for the 2021‑22 and 2022‑23 financial year is $90,000. This amount is indexed for later financial years under section 22‑45.(2) A person’s
singles tier 2 threshold for the 2021‑22 and 2022‑23 financial year is $105,000. This amount is indexed for later financial years under section 22‑45.(3) A person’s
singles tier 3 threshold for the 2021‑22 and 2022‑23 financial year is $140,000. This amount is indexed for later financial years under section 22‑45.Note: A person may be a tier 1 earner, tier 2 earner or tier 3 earner if the person’s income for surcharge purposes exceeds the applicable threshold for that tier: see section 22‑30.
(1) A person’s
family tier 1 threshold for a financial year is an amount equal to double his or her *singles tier 1 threshold for the financial year.(2) A person’s
family tier 2 threshold for a financial year is an amount equal to double his or her *singles tier 2 threshold for the financial year.(3) A person’s
family tier 3 threshold for a financial year is an amount equal to double his or her *singles tier 3 threshold for the financial year.(4) However, if the person has 2 or more dependants (within the meaning of the
A New Tax System (Medicare Levy Surcharge—Fringe Benefits) Act 1999 ) who are children, increase his or herfamily tier 1 threshold ,family tier 2 threshold andfamily tier 3 threshold for the financial year by the result of the following formula:Example: If the person has 3 such dependants who are children, the person’s family tier 2 threshold for the 2021‑22 and 2022‑23 financial year is:
Note: A person may be a tier 1 earner, tier 2 earner or tier 3 earner if his or her income for surcharge purposes exceeds the applicable threshold for that tier: see section 22‑30.
(1) An amount mentioned in section 22‑35 is indexed for the 2023‑24 financial year, and later financial years, in accordance with this section.
Indexing amounts
(2) Index the amount by:
(a) firstly, multiplying the amount by the *indexation factor for the financial year under subsection (4); and
(b) next, rounding the result in paragraph (a) down to the nearest multiple of $1,000.
Example 1: If the amount to be indexed is $105,000 and the indexation factor increases this to an indexed amount of $107,500, the indexed amount is rounded back down to $107,000.
Example 2: If the amount to be indexed is $140,000 and the indexation factor increases this to an indexed amount of $142,500, the indexed amount is rounded down to $142,000.
(3) However, do not index the amount for a financial year if the amount worked out under subsection (2) for the financial year is less than the amount applicable under section 22‑35 or this section for the previous financial year.
(3A) If the amount is not indexed for a financial year because of subsection (3), the amount for the financial year is the same as the amount for the previous financial year.
(4) For the purposes of this section, the
indexation factor for a financial year is:(6) Work out the *indexation factor to 3 decimal places (rounding up if the fourth decimal place is 5 or more).
Index number
(7) For calculating the amounts, the
index number for a *quarter is the estimate of full‑time adult average weekly ordinary time earnings for the middle month of the quarter first published by the Australian Statistician in respect of that month.
(1) The amount of premiums payable under a *complying health insurance policy in respect of a period is reduced in accordance with this section if a person is a *participant in the *premiums reduction scheme in respect of the policy.
(2) The amount of the reduction for each premium is the *PHII benefit in respect of the premium.
(1) A person may apply to a private health insurer, in the *approved form, to become a *participant in the *premiums reduction scheme in respect of a *complying health insurance policy issued by the insurer if:
(a) the insurer is a *participating insurer; and
(b) the person is a *PHIIB in respect of a premium paid or payable under the policy; and
(c) the person meets any requirements specified in the Private Health Insurance (Incentives) Rules for the purposes of this paragraph.
(2) A private health insurer that receives an application under subsection (1) must notify the Chief Executive Medicare of the application, in the *approved form, no more than 14 days (or any other period determined by the Chief Executive Medicare) after receiving the application.
(3) If notified of an application and satisfied that paragraphs (1)(a), (b) and (c) apply, the Chief Executive Medicare must register the applicant as a *participant in respect of the policy.
(4) The Chief Executive Medicare must notify the private health insurer that issued the policy if the Chief Executive Medicare registers a person as a *participant in the *premiums reduction scheme in respect of the policy.
(1) If the Chief Executive Medicare refuses to register the applicant in respect of a policy, the Chief Executive Medicare must give the applicant, and the private health insurer that issued the policy, notice of the refusal together with reasons for the refusal.
Note: Refusals to register are reviewable under Part 6‑9.
(2) The applicant is taken to be registered as a *participant in respect of the policy if the Chief Executive Medicare does not give notice of refusal within 14 days after receiving the notice under subsection 23‑15(2) from the private health insurer to which the applicant applied for registration.
(1) A *participant must notify the private health insurer that issued the policy in respect of which a person is a participant if the person no longer wishes to be registered in respect of the policy.
(2) A private health insurer must notify the Chief Executive Medicare of each notice the insurer receives under subsection (1), in the *approved form and no more than 14 days (or any other period determined by the Chief Executive Medicare) after receiving the notice.
(3) If notified under subsection (2), the Chief Executive Medicare must revoke the person’s registration in respect of the policy.
(1) The Chief Executive Medicare must revoke a person’s registration in respect of a *complying health insurance policy if the Chief Executive Medicare is satisfied that the person is not eligible to participate in the *premiums reduction scheme in respect of the policy.
Note: Revocations of registration are reviewable under section Part 6‑9.
(2) Revocation of registration under subsection (1) does not affect a person’s right to make another application for registration under section 23‑15.
(3) The Chief Executive Medicare must give notice of the revocation of a person’s registration in respect of a *complying health insurance policy to the person, and to the private health insurer that issued the policy, within 28 days after the day on which the revocation occurs.
(1) A private health insurer must notify the Chief Executive Medicare if the treatments *covered by a *complying health insurance policy, issued by the private health insurer and in respect of which a person is a *participant, are varied.
(2) On receiving such a notice, the Chief Executive Medicare must vary the details of the registration accordingly and give notice of the variation to the private health insurer.
(1) A private health insurer must retain an application made to it under subsection 23‑15(1) for the period of 5 years beginning on the day on which the application was made.
(2) The private health insurer may retain the application in any form approved in writing by the Chief Executive Medicare.
(3) An application retained in such a form must be received in all courts or tribunals as evidence as if it were the original.
People are encouraged to take out hospital cover by the time they turn 30. A person who is older than 30 when he or she takes out hospital cover for the first time, or who drops hospital cover for a period after having turned 30, may have to pay higher premiums for hospital cover. This scheme is known as lifetime health cover.
Matters relating to lifetime health cover are also dealt with in the Private Health Insurance (Lifetime Health Cover) Rules. The provisions of this Part indicate when a particular matter is or might be dealt with in these Rules.
Note: The Private Health Insurance (Lifetime Health Cover) Rules are made by the Minister under section 333‑20.
(1) A private health insurer must increase the amount of premiums payable for *hospital cover in respect of an *adult if the adult did not have hospital cover on his or her *lifetime health cover base day.
(2) The amount of the increase is worked out as follows:
where:
base rate , for *hospital cover, is the amount of premiums that would be payable for the cover if:
(a) the premiums were not increased under this Part; and
(b) there was no discount of the kind allowed under subsection 66‑5(2).
lifetime health cover age , in relation to an *adult who takes out *hospital cover after his or her *lifetime health cover base day, means the adult’s age on the 1 July before the day on which the adult took out the hospital cover.
(1) A private health insurer must increase the amount of premiums payable for *hospital cover in respect of an *adult if, after the adult’s *lifetime health cover base day, the adult ceases to have hospital cover.
(2) The amount of the increase is worked out as follows:
where:
base rate is the *base rate for the *hospital cover.
years without hospital cover is the number obtained by:
(a) dividing by 365 the number of days (other than *permitted days without hospital cover), after the first day on which subsection (1) applied to the *adult, on which he or she did not have *hospital cover; and
(b) rounding up the result to the nearest whole number.
(3) Any increase under this section in the amount of premiums payable for *hospital cover is in addition to any increase under section 34‑1 in the amount of premiums payable for that hospital cover.
(1) A private health insurer must stop increasing the amount of premiums payable for *hospital cover in respect of an *adult under this Part if the adult has had hospital cover (including under an *applicable benefits arrangement), the premiums for which have been increased under this Part or *old Schedule 2:
(a) for a continuous period of 10 years; or
(b) for a period of 10 years that has been interrupted only by *permitted days without hospital cover or periods during which the adult was taken to have had hospital cover otherwise than because of paragraph 34‑15(2)(a) (none of which count towards the 10 years).
(2) The amount must stop being increased on the day after the last day of the 10 year period.
(3) The amount of premiums payable for *hospital cover in respect of the *adult must start to be increased under this Part again if:
(a) after the end of the 10 year period, the adult ceases to have hospital cover; and
(b) the adult later takes out hospital cover again; and
(c) the days in the period between ceasing to have the cover and taking it out again are not all *permitted days without hospital cover in respect of the adult.
(4) Subsection (3) does not prevent this section applying again in respect of any later 10 year period.
(5) In subsection (1):
old Schedule 2 means Schedule 2 to theNational Health Act 1953 as in force before 1 April 2007.
(1)
Hospital cover is so much of a *complying health insurance policy as *covers *hospital treatment. An *adult has hospital cover if he or she is insured under a complying health insurance policy that covers hospital treatment.(2) An *adult is taken to have *hospital cover:
(a) at any time during which the adult was covered by an *applicable benefits arrangement; or
(b) at any time during which the adult holds a *gold card; or
(c) at any time during which the adult is in a class of adults specified in the Private Health Insurance (Lifetime Health Cover) Rules for the purposes of this paragraph.
(3) In this section:
gold card means a card that evidences a person’s entitlement to be provided with treatment:
(a) in accordance with the Treatment Principles prepared under section 90 of the
Veterans’ Entitlements Act 1986 ; or(b) in accordance with a determination made under section 286 of the
Military Rehabilitation and Compensation Act 2004 in respect of the provision of treatment.
(1) Any of the following days that occur after an *adult ceases, for the first time after his or her *lifetime health cover base day, to have *hospital cover are
permitted days without hospital cover in respect of that adult:
(a) days on which the cover was suspended by the private health insurer in accordance with the rules for suspensions set out in the Private Health Insurance (Lifetime Health Cover) Rules;
(b) days (not counting days covered by paragraph (a)) on which the adult is *overseas that form part of a continuous period overseas of more than one year;
(c) the first 1,094 days (not counting days covered by paragraph (a) or (b)) on which the adult did not have hospital cover.
(2) The Private Health Insurance (Lifetime Health Cover) Rules may specify days that, despite subsection (1), are taken not to be *permitted days without hospital cover.
General rule: 1 July after person turns 31
(1) Subject to subsections (2), (3), (4) and (4A), a person’s
lifetime health cover base day is the 1 July after the person turns 31.Note: See also section 37‑5.
Person who had lifetime health cover base day on or before 30 June 2010
(2) If a person had a lifetime health cover base day on or before 30 June 2010, that lifetime health cover base day remains the person’s
lifetime health cover base day .
Person who is not an Australian citizen and is not covered by subsection (2)
(3) Subject to subsection (4), the
lifetime health cover base day of a person who is not an Australian citizen on the person’s *medicare eligibility day and is not covered by subsection (2) is the later of:
(a) the 1 July after the person turns 31; and
(b) the first anniversary of the person’s medicare eligibility day.
Note: See also section 37‑5.
Person overseas on day worked out under subsection (1) or (3)
(4) However, if the person is *overseas on the day worked out under subsection (1) or (3), the person’s
lifetime health cover base day is the first anniversary of:
(a) the person’s first return to Australia from overseas; or
(b) the person’s first entry to Australia;
after the day worked out under subsection (1) or (3), whichever is applicable.
Person living on Norfolk Island at the final transition time
(4A) If:
(a) a person was living on Norfolk Island at the final transition time (within the meaning of the
Norfolk Island Act 1979 ); and(b) the person had turned 31 before that time;
the person’s lifetime health cover base day is the first day after the end of the 12‑month period that began at that time.
(4B) If:
(a) a person is living on Norfolk Island at the final transition time (within the meaning of the
Norfolk Island Act 1979 ); and(b) the person turns 31 at or after that time;
the person’s lifetime health cover base day is whichever is the later of the following:
(c) the 1 July after the person turns 31;
(d) the first day after the 12‑month period that began at that time.
Medicare eligibility day
(5) A person’s
medicare eligibility day is the day on which the person is registered by the Chief Executive Medicare as an eligible person within the meaning of section 3 of theHealth Insurance Act 1973 .
(1) Without limiting when a person is taken to be *overseas for the purposes of this Part:
(a) a person who lived on Norfolk Island before the final transition time (within the meaning of the
Norfolk Island Act 1979 ) is taken, while the person was living on Norfolk Island before that time, to have been overseas; and(b) any period in which a person returns to Australia for less than 90 days counts as part of a continuous period overseas.
(2) For the purposes of this Part, a person is taken not to have returned to Australia from *overseas, or entered Australia, if the person returns to Australia, or enters Australia, but remains in Australia for a period of less than 90 days.
(1) The amount of premiums payable for *hospital cover in respect of an *adult does not increase under this Part if the adult was born on or before 1 July 1934.
(2) However, this section does not prevent section 37‑20 applying to the *hospital cover in respect of any *adults who were born after 1 July 1934.
A person:
(a) who turned 31 on or before 1 July 2000; and
(aa) who:
(i) was an Australian citizen on 1 July 2000; or
(ii) was an Australian resident (within the meaning of section 3 of the
Health Insurance Act 1973 ) on 1 July 2000; or(iii) had a lifetime health cover base day on or before 30 June 2010; and
(b) who was *overseas on 1 July 2000;
is taken, for the purposes of section 34‑1, to have had *hospital cover on the person’s *lifetime health cover base day.
If the 1 July after a person turns 31 has not arrived, lifetime health cover does not yet apply to the person.
A person is treated for the purposes of this Part as if he or she had *hospital cover on 1 July 2000 if a determination under clause 10 of Schedule 2 to the
National Health Act 1953 (as in force immediately before 1 April 2007) had effect in relation to the person immediately before 1 April 2007.
The maximum amount of any increase under this Part in the amount of premiums payable for *hospital cover in respect of an *adult is an amount equal to 70% of the *base rate for the hospital cover.
(1) If:
(a) more than one *adult is covered under the same *hospital cover; and
(b) the amount of premiums payable for the cover in respect of at least one of those adults is increased under this Part;
the amount of the premiums payable for the cover in respect of all of the adults is increased.
(2) The amount of the increase in the premiums payable for the cover is worked out by:
(a) dividing the *base rate for the cover by the number of *adults it covers; and
(b) using that rate to work out for each adult what the amount of the increase for that adult (if any) would be; and
(c) adding together the results of paragraph (b).
(1) A private health insurer must comply with any requirements specified in the Private Health Insurance (Lifetime Health Cover) Rules relating to providing information to:
(a) *adults in respect of *hospital cover with the private health insurer; and
(b) other adults who apply for, or inquire about, that hospital cover;
about increases under this Part in the amounts of premiums payable for hospital cover in respect of those adults.
(2) A private health insurer must comply with any requirements specified in the Private Health Insurance (Lifetime Health Cover) Rules relating to providing information to other private health insurers about increases under this Part in the amounts of premiums payable for *hospital cover with the private health insurer.
(3) The Private Health Insurance (Lifetime Health Cover) Rules may require or permit a private health insurer to provide information of a kind referred to in this section in the form of an age notionally attributed, to an *adult or other person, as the age from which the adult or other person will be treated as having had continuous *hospital cover.
(4) A private health insurer must keep separate records in relation to each *adult who has *hospital cover.
(5) When an *adult ceases to be *covered by *hospital cover under which more than one adult was covered, the private health insurer must notify each other adult that the adult has ceased to be covered by the cover.
A private health insurer must comply with any requirements specified in the Private Health Insurance (Lifetime Health Cover) Rules relating to whether, and in what circumstances, particular kinds of evidence are to be accepted, for the purposes of this Part, as conclusive evidence of:
(a) whether a person had *hospital cover at a particular time, or during a particular period; or
(b) a person’s age.
This Part sets out the excess levels for complying health insurance products that relate to whether a person is liable to pay medicare levy or medicare levy surcharge.
For the purposes of the
A New Tax System (Medicare Levy Surcharge—Fringe Benefits) Act 1999 and theMedicare Levy Act 1986 , any excess payable in respect of benefits under a *complying health insurance policy that provides *hospital cover must not be more than:
(a) $750 in any 12 month period, in relation to a policy under which only one person is insured; and
(b) $1,500 in any 12 month period, in relation to any other policy.
Broadly, health insurance that is made available to the public must meet the requirements in this Chapter. This means that:
(a) the insurance must be community‑rated (that is, made available in a way that does not discriminate between people) (see Part 3‑2); and
(b) the insurance must be in the form of a complying health insurance product (see Part 3‑3); and
(c) the private health insurers who make the products available must meet certain obligations to people insured or seeking to be insured under the products (see Part 3‑4).
Matters relating to *complying health insurance products are also dealt with in the Private Health Insurance (Complying Product) Rules, the Private Health Insurance (Benefit Requirements) Rules, the Private Health Insurance (Medical Devices and Human Tissue Products) Rules and the Private Health Insurance (Accreditation) Rules. The provisions of this Chapter indicate when a particular matter is or may be dealt with in these Rules.
Note: These Rules are all made by the Minister under section 333‑20.
To ensure that everybody who chooses has access to health insurance, the principle of community rating prevents private health insurers from discriminating between people on the basis of their health or for any other reason described in this Part.
(1) A private health insurer must not:
(a) take or fail to take any action; or
(b) in making a decision, have regard or fail to have regard to any matter;
that would result in the insurer *improperly discriminating between people who are or wish to be insured under a *complying health insurance policy of the insurer.
(2)
Improper discrimination is discrimination that relates to:
(a) the suffering by a person from a chronic disease, illness or other medical condition or from a disease, illness or medical condition of a particular kind; or
(b) the gender, race, sexual orientation or religious belief of a person; or
(c) the age of a person, except to the extent allowed under:
(i) Part 2‑3 (lifetime health cover); or
(ii) subsection 63‑5(4); or
(iii) section 66‑5, because of the reason mentioned in paragraph 66‑5(3)(ea); or
(d) where a person lives, except to the extent allowed under subsection 66‑10(2) or section 66‑20 or 66‑25; or
(e) any other characteristic of a person (including but not just matters such as occupation or leisure pursuits) that is likely to result in an increased need for *hospital treatment or *general treatment; or
(f) the frequency with which a person needs hospital treatment or general treatment; or
(g) the amount or extent of the benefits to which a person becomes entitled during a period under a *complying health insurance policy, except to the extent allowed under section 66‑15; or
(h) any matter set out in the Private Health Insurance (Complying Product) Rules for the purposes of this paragraph.
(3) Despite subsection (2), discrimination by a *restricted access insurer is not improper discrimination to the extent to which the insurer:
(a) takes or fails to take an action; or
(b) in making a decision, has regard or fails to have regard to a matter;
only to ensure that its *complying health insurance products are not made available to persons to whom its constitution or *rules prohibits it from making the products available.
(4) Despite subsection (2), discrimination by a private health insurer is not improper discrimination to the extent to which:
(a) the insurer:
(i) takes or fails to take an action; or
(ii) in making a decision, has regard or fails to have regard to a matter; and
(b) taking or failing to take the action, or having regard or failing to have regard to that matter, has the effect of the premiums payable under an insurance policy that covers a person who is:
(i) employed by a particular person or body; or
(ii) under contract to provide services to a particular person or body;
being the subject of a discount or discounts (whether or not the policy also covers one or more persons who are not so employed and are not under such a contract); and
(c) the premiums meet the premium requirement in section 66‑5.
(5) To avoid doubt, subsection (4) does not apply if taking or failing to take the action, or having regard or failing to have regard to that matter, has the effect of an insurance policy being cancelled because a person ceases to be an employee of, or ceases to be under contract to provide services to, a particular employer.
The principle of community rating in section 55‑5 does not:
(a) prevent a private health insurer from closing a *complying health insurance product, such that the *product will not be available to anyone except those persons, who at the time of closing, are insured under a policy forming part of the product; or
(b) prevent a private health insurer from terminating a complying health insurance product or a *product subgroup of a complying health insurance product, such that:
(i) in the case of a product—the product will not be available to any person insured under a policy forming part of the product; and
(ii) in the case of a product subgroup—the product subgroup will not be available to any person insured under a policy that belongs to the product subgroup.
(1) The principle of community rating in section 55‑5 does not prevent a private health insurer from:
(a) taking or failing to take any action; or
(b) in making a decision, having regard or failing to have regard to any matter;
for the purposes of conducting a pilot project in accordance with the Private Health Insurance (Complying Product) Rules.
(2) The Private Health Insurance (Complying Product) Rules may permit pilot projects of a kind specified in the Rules to be conducted by private health insurers in accordance with requirements specified in the Rules.
Complying health insurance products (which are made up of complying health insurance policies) are the only kind of insurance that private health insurers are allowed to make available as part of their health insurance business (see section 63‑1 and Division 84). This Part sets out the requirements that an insurance policy must meet in order to be a complying health insurance policy.
(1) A private health insurer must ensure that the only kind of insurance that it makes available as part of its *health insurance business is insurance in the form of *complying health insurance products.
(2) However, subsection (1) does not apply in relation to *health insurance business of a kind that the Private Health Insurance (Complying Product) Rules specify is excluded from subsection (1).
(1) A
complying health insurance product is a *product made up of *complying health insurance policies.(2) A
product is all the insurance policies issued by a private health insurer:
(a) that *cover the same treatments; and
(b) that provide benefits that are worked out in the same way; and
(c) whose other terms and conditions are the same as each other.
(2A) A
product subgroup , of a *product, is all the insurance policies in the product:
(a) under which the addresses of the people insured, as known to the private health insurer, are located in the same *risk equalisation jurisdiction; and
(b) under which the same kind of insured group (within the meaning of the Private Health Insurance (Complying Product) Rules) is insured.
(2B) The Private Health Insurance (Complying Product) Rules may specify insured groups for the purposes of paragraph (2A)(b). An insured group may be specified by reference to any or all of the number of people in the group, the kind of people in the group, or any other matter. A group may consist of only one person.
(3) Different premiums may be payable under policies in the same *product.
(4) A premium payable for a policy that covers an insured group of 2 or more people that includes a *dependent non‑student or *dependent person with a disability may be higher than a premium payable for a policy in the same *product that covers an insured group of 2 or more people that includes one or more *dependent children or *dependent students but no dependent non‑student or dependent person with a disability.
A
complying health insurance policy is an insurance policy that meets:
(a) the community rating requirements in Division 66; and
(b) the coverage requirements in Division 69; and
(c) if the policy *covers *hospital treatment—the benefit requirements in Division 72; and
(d) the waiting period requirements in Division 75; and
(e) the portability requirements in Division 78; and
(f) the quality assurance requirements in Division 81; and
(g) any requirements set out in the Private Health Insurance (Complying Product) Rules for the purposes of this paragraph.
(1) An insurance policy meets the community rating requirements in this Division if:
(a) the policy prohibits the private health insurer that issued the policy from breaching the principle of community rating in section 55‑5 in relation to a person insured under the policy; and
(b) the policy has no terms or conditions that would allow the insurer to *improperly discriminate against a person insured under the policy; and
(c) the only discounts (if any) available under the policy are discounts allowed under subsection 66‑5(2); and
(d) unless the policy is issued under a new *product (see subsection (2))—the premiums payable under the policy meet the premium requirement in section 66‑5.
(2) For the purposes of paragraph (1)(d), an insurance policy is issued under a new *product if the amount of premiums charged under policies in the product has not changed since the first policy in the product was issued.
(1) For the purposes of paragraph 66‑1(1)(d), the premiums payable under an insurance policy for a period meet the premium requirement in this section if the amount of premiums payable under the policy for the period:
(a) is the amount specified for the *product subgroup to which the policy belongs in the most recent approval under section 66‑10; or
(b) is the proportion, for the period, of that amount; or
(c) would be the amount mentioned in paragraph (a) or (b) except that a different amount is payable:
(i) because of the application of Part 2‑3 (lifetime health cover); or
(ii) because of a discount or discounts allowed under subsection (2), if the total percentage discount (not counting discounts available for the reason in paragraph (3)(f)) does not exceed the percentage specified in the Private Health Insurance (Complying Product) Rules as the maximum percentage discount allowed; or
(iii) because of a combination of subparagraphs (i) and (ii).
(2) A discount is allowed if:
(a) it is for a reason in subsection (3); and
(b) the discount is also available for that reason under every policy in the *product; and
(c) if there are different percentage discounts available for that reason—the same percentage discount is available on the same basis under every policy in the product; and
(d) any other conditions set out in the Private Health Insurance (Complying Product) Rules are met.
(3) A discount may be for any of these reasons:
(a) because premiums are paid at least 3 months in advance;
(b) because premiums are paid by payroll deduction;
(c) because premiums are paid by pre‑arranged automatic transfer from an account at a bank or other financial institution;
(d) because the persons insured under the policy have agreed to communicate with the private health insurer, and make claims under the policy, by electronic means;
(e) because a person insured under the policy is, under the *rules of the private health insurer, treated as belonging to a contribution group;
(ea) because a person insured under the policy is entitled to an age‑based discount in the circumstances set out in the Private Health Insurance (Complying Product) Rules;
(f) because the insurer is not required to pay a levy in relation to the policy under a law of a State or Territory;
(g) for a reason set out in the Private Health Insurance (Complying Product) Rules.
(1) A private health insurer that proposes to change the premiums charged under a *complying health insurance product must apply to the Minister for approval of the change:
(a) in the *approved form; and
(b) at least 60 days before the day on which the insurer proposes the change to take effect.
(2) The application may propose different changes for policies in the *product, but the proposed changed amount must be the same for each policy in the product that belongs to the same *product subgroup.
(3) The Minister must, by written instrument, approve the proposed changed amount or amounts, unless the Minister is satisfied that a change that would increase the amount or amounts would be contrary to the public interest.
(4) If the Minister approves the proposed changed amount or amounts, the approval has effect:
(a) from the day specified in the approval as the day the change takes effect; and
(b) until replaced by another approval for the *product under this section.
(6) If the Minister refuses to approve the proposed changed amount or amounts, the Minister must table the Minister’s reasons for refusal in each House of the Parliament no later than 15 sitting days of that House after the refusal.
(7) An instrument made under subsection (3) is not a legislative instrument.
Neither:
(a) the community rating principle in section 55‑5; nor
(b) the community rating requirement in paragraph 66‑1(1)(b);
prevents a private health insurer from determining a person’s entitlement under a *complying health insurance policy to a benefit for *general treatment (other than *hospital‑substitute treatment) in respect of a period by having regard to the amount of benefits for that kind of treatment already claimed for the person in respect of the period.
Neither:
(a) the community rating principle in section 55‑5; nor
(b) the community rating requirements in section 66‑1;
prevents the amount of a benefit for a treatment under a *complying health insurance policy from being different from the amount of a benefit for the same treatment under another policy that is in the same *product, if the difference is only because the persons insured under the policies live in different *risk equalisation jurisdictions.
Neither:
(a) the community rating principle in section 55‑5; nor
(b) the community rating requirements in section 66‑1;
prevents a private health insurer from determining a person’s entitlement under a *complying health insurance policy to a benefit for travel or accommodation in respect of *hospital treatment or *general treatment based on the distance between the person’s principal place of residence and the facility where treatment is provided.
(1) An insurance policy meets the coverage requirements in this Division if:
(a) the only treatments the policy *covers are:
(i) specified treatments that are *hospital treatment; or
(ii) specified treatments that are hospital treatment and specified treatments that are *general treatment; or
(iii) specified treatments that are general treatment but none that are hospital‑substitute treatment; and
(b) if the policy provides a benefit for anything else—the provision of the benefit is authorised by the Private Health Insurance (Complying Product) Rules.
(2) Despite paragraph (1)(a), the policy must also *cover any treatment that a policy of its kind is required by the Private Health Insurance (Complying Product) Rules to cover.
(3) Despite paragraph (1)(a), the policy must not *cover any treatment that a policy of its kind is not allowed under the Private Health Insurance (Complying Product) Rules to cover.
(1) An insurance policy
covers a treatment if, under the policy, the insurer undertakes liability in respect of some or all loss arising out of a liability to pay fees or charges relating to the provision of goods or a service that is or includes that treatment.(2) An insurance policy also
covers a treatment if the insurer provides an insured person, or arranges for an insured person to be provided with, goods or a service that is or includes that treatment.(3) If an insurance policy *covers a treatment in the way described in subsection (2), this Part applies as if the provision of the goods or service were a benefit provided under the policy.
Hospital‑substitute treatment means *general treatment that:
(a) substitutes for an episode of *hospital treatment; and
(b) is any of, or any combination of, nursing, medical, surgical, podiatric surgical, diagnostic, therapeutic, prosthetic, pharmacological, pathology or other services or goods intended to manage a disease, injury or condition; and
(c) is not specified in the Private Health Insurance (Complying Product) Rules as a treatment that is excluded from this definition.
(1) An insurance policy that *covers *hospital treatment meets the benefit requirements in this Division if:
(a) the policy meets the requirements in the table in subsection (2); and
(b) the policy meets any requirements specified in the Private Health Insurance (Complying Product) Rules to be benefit requirements; and
(c) the policy does not provide benefits for:
(i) the cost of care and accommodation in an aged care service (within the meaning of the
Aged Care Act 1997 ); or(ii) a charge for a pharmaceutical benefit supplied under Part VII of the
National Health Act 1953 , unless the circumstances of the charge are covered by section 92B of that Act; or(iii) any other treatment specified in the Private Health Insurance (Complying Product) Rules as a treatment for which benefits must not be provided; and
(d) the *rules of the private health insurer that issues the policy meet the rules requirement in section 72‑5.
(2) These are the requirements that a policy must meet for the purposes of paragraph (1)(a):
1 | any part of *hospital treatment that is one or more of the following: (a) psychiatric care; (b) rehabilitation; (c) palliative care; if the treatment is provided in a *hospital and no *medicare benefit is payable for that part of the treatment. | at least the amount set out, or worked out using the method set out, in the Private Health Insurance (Benefit Requirements) Rules as the minimum benefit, or method for working out the minimum benefit, for that treatment. |
2 | *hospital treatment *covered under the policy for which a *medicare benefit is payable. |
|
3 | if the policy *covers *hospital‑substitute treatment—hospital‑substitute treatment covered under the policy for which a *medicare benefit is payable. |
but the benefit must not be provided if a medicare benefit of an amount that is at least 85% of the schedule fee is claimed for the treatment (or could be claimed for the treatment but for section 19AD of the |
4 |
that is the provision of a *medical device or *human tissue product, of a kind listed in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules, as described in either of the following paragraphs: | |
|
| |
5 | any treatment for which the Private Health Insurance (Benefit Requirements) Rules specify there must be a benefit. | at least the amount set out, or worked out using the method set out, in the Private Health Insurance (Benefit Requirements) Rules as the minimum benefit, or method for working out the minimum benefit, for that treatment. |
Note: If a private health insurer provides an insured person with, or arranges for an insured person to be provided with, treatment, it is treated as a benefit for the purposes of this Division (see subsection 69‑5(3)).
(3) For the purposes of this section, disregard section 19AD of the
Health Insurance Act 1973 when determining whether medicare benefit is payable.
(1) For the purposes of paragraph 72‑1(1)(d), the *rules of the private health insurer that issues the policy meet the rules requirement in this section if the rules have the effect required by subsection (2).
(2) The effect required is that if, under an agreement or arrangement with a private health insurer, a particular *health care provider (other than a *medical practitioner) provides particular *hospital treatment or *hospital‑substitute treatment to people insured under the same *complying health insurance product of the insurer, any charge for the treatment:
(a) that is payable by an insured person; and
(b) which is not recoverable by a benefit under the product;
must be the same for all of the people insured under the product, irrespective of:
(c) the frequency with which that provider provides that particular treatment to people insured under that product; or
(d) any other matter.
(3) The Private Health Insurance (Complying Product) Rules may modify the effect required by subsection (2) in relation to all or particular kinds of *complying health insurance products, benefits, treatments or *health care providers. To the extent the Rules do so, the rules requirement is taken to be met if the conditions in the Rules are met.
(1) Private Health Insurance (Medical Devices and Human Tissue Products) Rules made for the purposes of item 4 of the table in subsection 72‑1(2) must only list a kind of *medical device or *human tissue product if:
(a) an application has been made under subsection (2) in relation to that kind of medical device or human tissue product; and
(b) the Minister has granted the application.
(2) A person may apply to the Minister to have the Private Health Insurance (Medical Devices and Human Tissue Products) Rules list a *medical device or *human tissue product of the kind to which the application relates.
(3) The application must be:
(a) in the *approved form; and
(b) accompanied by any *cost‑recovery fee that the applicant is liable to pay at the time the application is made.
(4) The Minister must inform the applicant in writing of the Minister’s decision whether or not to grant the application. If the Minister decides not to grant the application, the Minister must also inform the applicant of the reason for that decision.
(5) If:
(a) the Minister grants the application; and
(b) the applicant pays to the Commonwealth any *cost‑recovery fee that the applicant is liable to pay in connection with the initial listing of the kind of *medical device or *human tissue product to which the application relates;
the Minister must, on the next occasion when the Minister makes or varies the Private Health Insurance (Medical Devices and Human Tissue Products) Rules:
(c) list the kind of *medical device or *human tissue product to which the application relates in those Rules; and
(d) set out in those Rules a minimum benefit for the medical device or human tissue product; and
(e) if the Minister considers it appropriate—set out in those Rules a maximum benefit for the medical device or human tissue product.
Note: Despite this subsection, the Minister may, under section 72‑25, refuse to perform a function under this subsection if the applicant fails to pay a cost‑recovery fee or medical devices and human tissue products levy that is due and payable.
(6) The Private Health Insurance (Medical Devices and Human Tissue Products) Rules may set out criteria (
listing criteria ) to be satisfied in order for an application (alisting application ) made under subsection (2) to be granted. The Rules may provide for different listing criteria to apply in different circumstances.(7) The Minister must not grant a listing application if any applicable listing criteria are not satisfied in relation to the application.
Note: The Minister may refuse to grant a listing application even if the applicable listing criteria are satisfied.
(1) A
medical device is:
(a) any instrument, apparatus, appliance, software, implant, reagent, material or other article (whether used alone or in combination, and including the software necessary for its proper application) intended, by the person under whose name it is or is to be supplied, to be used for human beings for the purpose of one or more of the following:
(i) prevention, monitoring, prediction, prognosis, treatment or alleviation of disease;
(ii) monitoring, treatment, alleviation of or compensation for an injury or disability;
(iii) investigation, replacement or modification of the anatomy or of a physiological or pathological process or state;
(iv) control or support of conception;
(v) in vitro examination of a specimen derived from the human body for a specific medical purpose;
and that does not achieve its principal intended action in or on the human body by pharmacological, immunological or metabolic means, but that may be assisted in its function by such means; or
(b) any instrument, apparatus, appliance, software, implant, reagent, material or other article specified in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules; or
(c) an *accessory to an instrument, apparatus, appliance, software, implant, reagent, material or other article covered by paragraph (a) or (b).
(2) For the purposes of paragraph (1)(a), the purpose for which an instrument, apparatus, appliance, software, implant, reagent, material or other article (the
main equipment ) is to be used is to be ascertained from the information supplied, by the person under whose name the main equipment is or is to be supplied, on or in any one or more of the following:
(a) the labelling on the main equipment;
(b) the instructions for using the main equipment;
(c) any advertising material relating to the main equipment;
(d) any technical documentation describing the mechanism of action of the main equipment.
(3) In relation to a *medical device covered by paragraph (1)(a) or (b), an
accessory is a thing that the manufacturer of the thing specifically intended to be used together with the device to enable or assist the device to be used as the manufacturer of the device intended.
A
human tissue product is a thing that:
(a) either:
(i) comprises, contains or is derived from human cells or human tissues; or
(ii) is specified in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules for the purposes of this subparagraph; and
(b) is represented in any way to be, or is, whether because of the way in which it is presented or for any other reason, likely to be taken to be:
(i) for use in the treatment or prevention of a disease, ailment, defect or injury affecting persons; or
(ii) for use in influencing, inhibiting or modifying a physiological process in persons; or
(iii) for use in the replacement or modification of parts of the anatomy in persons; and
(c) is not specified in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules as a thing that is not a human tissue product for the purposes of this Act.
(1) The Private Health Insurance (Medical Devices and Human Tissue Products) Rules may specify fees (
cost‑recovery fees ) that may be charged in relation to activities carried out by, or on behalf of, the Commonwealth in connection with the performance of functions, or the exercise of powers, conferred by or under this Act in relation to the list of kinds of *medical devices and *human tissue products in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules.(2) Without limiting subsection (1), the Private Health Insurance (Medical Devices and Human Tissue Products) Rules may do any of the following:
(a) specify 2 or more *cost‑recovery fees for the same matter;
(b) specify a method for working out a cost‑recovery fee;
(c) specify the circumstances in which a specified cost‑recovery fee is payable, including by providing that the fee is payable if the Minister is satisfied of specified matters;
(d) specify the circumstances in which a person is exempt from paying a specified cost‑recovery fee;
(e) specify the circumstances in which the Minister may waive a cost‑recovery fee.
(3) A *cost‑recovery fee specified under this section must not be such as to amount to taxation.
(1) The Minister may remove a kind of *medical device or *human tissue product from the list in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules if:
(a) a person is liable to pay a *cost‑recovery fee in connection with the kind of medical device or human tissue product; and
(b) the person fails to pay that fee in accordance with those Rules.
Note: Matters relating to payment of cost‑recovery fees, such as the time for payment, may be specified in Private Health Insurance (Medical Devices and Human Tissue Products) Rules (see sections 72‑30 and 72‑45).
(2) The Minister may remove a kind of *medical device or *human tissue product from the list in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules if:
(a) a person is liable to pay *medical devices and human tissue products levy in respect of the ongoing listing of the kind of medical device or human tissue product; and
(b) the person fails to pay the levy in accordance with the Private Health Insurance (Levy Administration) Rules.
Note: Matters relating to payment of the levy, such as the time for payment, may be specified in Private Health Insurance (Levy Administration) Rules (see sections 307‑1 and 307‑30).
72‑25 Minister may direct that activities not be carried out
(1) This section applies if:
(a) a person (the
debtor ) is liable to pay a *cost‑recovery fee or *medical devices and human tissue products levy; and(b) the fee or levy is due and payable.
(2) Despite any other provision of this Act, the Minister may refuse to carry out, or direct a person not to carry out, specified activities or kinds of activities in relation to the debtor under this Division until the fee or levy has been paid.
72‑27 Matters to have regard to before exercising certain powers In deciding whether to exercise a power under section 72‑20 or 72‑25, the Minister must have regard to the following:
(a) whether the exercise of the power would be detrimental to the interests of insured persons;
(b) whether the exercise of the power would significantly limit medical practitioners’ professional freedom, within the scope of accepted clinical practice, to identify and provide appropriate treatments.
A *cost‑recovery fee becomes due and payable at the time specified in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules.
A *cost‑recovery fee must be paid to the Commonwealth.
A *cost‑recovery fee that is due and payable:
(a) is a debt due to the Commonwealth; and
(b) may be recovered as a debt by action in a court of competent jurisdiction by the Commonwealth.
The Private Health Insurance (Medical Devices and Human Tissue Products) Rules may, in relation to *cost‑recovery fees, specify, or provide for matters relating to, any or all of the following:
(a) the person who is liable to pay;
(b) methods for payment;
(c) extending the time for payment;
(d) refunding, in whole or in part, an amount paid;
(e) applying overpayments;
(f) rules relating to fees to be paid in relation to specified activities.
(1) An insurance policy meets the waiting period requirements in this Division if the *waiting period that applies to a person who did not *transfer to the policy is no longer than:
(a) for a benefit for *hospital treatment or *hospital‑substitute treatment that is obstetric treatment or treatment for a *pre‑existing condition (other than treatment covered by paragraph (b))—12 months; and
(b) for a benefit for hospital treatment or hospital‑substitute treatment that is psychiatric care, rehabilitation or palliative care (whether or not for a pre‑existing condition)—2 months; and
(c) for any other benefit for hospital treatment or hospital‑substitute treatment—2 months.
(2) The Private Health Insurance (Complying Product) Rules may modify the requirements in subsection (1) in relation to all or particular kinds of private health insurers, benefits or insured persons. To the extent the Rules do so, the waiting period requirements in this Division are taken to be met if the conditions in the Rules are met.
Note: If a private health insurer provides an insured person with, or arranges for an insured person to be provided with, treatment, it is treated as a benefit for the purposes of this Division (see subsection 69‑5(3)).
The
waiting period that applies to a person for a benefit under an insurance policy is the period:
(a) starting at the time the person becomes insured under the policy; and
(b) ending at the time specified in the policy;
during which the person is not entitled to the benefit.
A person
transfers to a policy (thenew policy ) from another policy (theold policy ) if:
(a) either:
(i) the person is insured under the old policy at the time the person becomes insured under the new policy; or
(ii) the person ceased to be insured under the old policy no more than 7 days, or a longer number of days allowed by the new policy’s insurer for this purpose, before becoming insured under the new policy; and
(b) the old policy is a *complying health insurance policy; and
(c) the person’s premium payments under the old policy were up to date at the time the person became insured under the new policy.
Note: See section 99‑1 about transfer certificates.
(1) A person insured under an insurance policy has a
pre‑existing condition if:
(a) the person has an ailment, illness or condition; and
(b) in the opinion of a *medical practitioner appointed by the insurer that issued the policy, the signs or symptoms of that ailment, illness or condition existed at any time in the period of 6 months ending on the day on which the person became insured under the policy.
(2) In forming an opinion for the purposes of paragraph (1)(b), the *medical practitioner must have regard to any information in relation to the ailment, illness or condition that the medical practitioner who treated the ailment, illness or condition gives him or her.
(3) If:
(a) a private health insurer replaces a *complying health insurance product with another complying health insurance product; and
(b) a person who was insured under a policy that was in the replaced *product is *transferred by the insurer to a policy that is in the replacement product;
the reference in paragraph (1)(b) to the day on which the person became insured under the policy is taken to be a reference to the day on which the person became insured under the replaced policy.
(1) An insurance policy meets the portability requirements in this Division if the policy meets the requirements in subsections (2), (3), (4) and (5A).
(2) An insurance policy meets the requirement in this subsection if the *waiting period that applies to a person who *transferred to the policy (the
new policy ) from another policy (theold policy ) is no longer than:
(a) for a benefit for *hospital treatment or *hospital‑substitute treatment that was not *covered under the old policy—the period allowed under section 75‑1; and
(b) for a benefit for hospital treatment or hospital‑substitute treatment that was covered under the old policy—the balance of any unexpired waiting period for that benefit that applied to the person under the old policy.
(3) An insurance policy meets the requirement in this subsection if the policy does not impose on a person who *transferred to the policy any period (other than a *waiting period allowed under subsection (2)) during which the amount of a benefit in relation to any particular *hospital treatment or *hospital‑substitute treatment is less than the amount the person would be eligible for during any other period.
(4) An insurance policy meets the requirement in this subsection if, in relation to a benefit for *hospital treatment or *hospital‑substitute treatment:
(a) that was *covered under the old policy; and
(b) in respect of which a higher excess or higher co‑payment applied under the old policy than is the case under the new policy;
any period during which the higher excess or higher co‑payment continues to apply under the new policy to a person who *transferred to the policy is no longer than the *waiting period allowed under section 75‑1 for a benefit for that treatment.
(5) In working out:
(a) for the purposes of subsection (2) or (4), whether a treatment was *covered under an old policy; or
(b) for the purposes of subsection (3), whether the amount of a benefit under a new policy during a period is less than the amount it would be during another period;
disregard the existence or otherwise of contracts between the insurer in relation to either of the policies and particular *health care providers or groups of health care providers.
(5A) An insurance policy meets the requirement in this subsection if:
(a) the policy forms part of a *complying health insurance product or belongs to a *product subgroup of a complying health insurance product; and
(b) the *product or product subgroup is being terminated by the private health insurer, and as a consequence, an *adult insured under the policy is to be transferred to a new policy; and
(c) the insurer informs the adult insured under the policy, in writing, of the matters set out in the Private Health Insurance (Complying Product) Rules; and
(d) the adult insured under the policy is informed of those matters a reasonable time before the transfer to the new policy is to take effect.
Note: See also section 55‑10.
(6) The Private Health Insurance (Complying Product) Rules may modify the requirements in this section in relation to all or particular kinds of private health insurers, benefits or insured persons. To the extent the Rules do so, the portability requirements in this Division are taken to be met if the conditions in the Rules are met.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Private Health Insurance Act 2007 | 31, 2007 | 30 Mar 2007 | 1 Apr 2007 (s 1‑5) | |
Private Health Insurance (Transitional Provisions and Consequential Amendments) Act 2007 | 32, 2007 | 30 Mar 2007 | Sch 3 (items 9D, 9E): 1 July 2007 (s 2(1) item 8) | Act No 32, 2007 |
Health Legislation Amendment Act 2007 | 180, 2007 | 28 Sept 2007 | Sch 1 (items 1–3, 5): 1 Apr 2007 (s 2(1) items 2, 4) Sch 1 (items 4–4B, 6): 29 Sept 2007 (s 2(1) items 3, 5) | Sch 1 (items 5, 6) |
Private Health Insurance Legislation Amendment Act 2008 | 54, 2008 | 25 June 2008 | 25 June 2008 (s 2) | Sch 3 (items 3, 4) |
Private Health Insurance Legislation Amendment Act 2009 | 66, 2009 | 1 July 2009 | Sch 1 (items 2–14): 1 July 2009 (s 2(1) items 2–5) | — |
Statute Law Revision Act 2010 | 8, 2010 | 1 Mar 2010 | Sch 5 (item 137(a)): 1 Mar 2010 (s 2(1) item 38) | — |
Private Health Insurance Legislation Amendment Act (No. 1) 2010 | 40, 2010 | 13 Apr 2010 | 13 Apr 2010 (s 2) | — |
Health Legislation Amendment (Australian Community Pharmacy Authority and Private Health Insurance) Act 2010 | 63, 2010 | 28 June 2010 | Sch 2: 1 July 2010 (s 2(1) item 3) | — |
Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 | 103, 2010 | 13 July 2010 | Sch 6 (items 1, 84, 85): 1 Jan 2011 (s 2(1) items 3, 5) | — |
Human Services Legislation Amendment Act 2011 | 32, 2011 | 25 May 2011 | Sch 4 (items 506–545): 1 July 2011 (s 2(1) item 3) | — |
Acts Interpretation Amendment Act 2011 | 46, 2011 | 27 June 2011 | Sch 2 (items 923–933) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 7, 12) | Sch 3 (items 10, 11) |
Fairer Private Health Insurance Incentives Act 2012 | 26, 2012 | 4 Apr 2012 | Sch 1 (items 10–40, 48(1)): 1 July 2012 (s 2(1) item 2) | Sch 1 (items 15, 48(1)) |
Statute Law Revision Act 2012 | 136, 2012 | 22 Sept 2012 | Sch 1 (items 100–103): 22 Sept 2012 (s 2(1) item 2) | — |
Privacy Amendment (Enhancing Privacy Protection) Act 2012 | 197, 2012 | 12 Dec 2012 | Sch 5 (items 72, 73): 12 Mar 2014 (s 2(1) item 3) | Sch 6 (items 1, 15–19) |
Private Health Insurance Amendment (Lifetime Health Cover Loading and Other Measures) Act 2013 | 105, 2013 | 29 June 2013 | Sch 1 (items 1, 2, 4) and Sch 2 (items 1–21, 28(1), (2)): 1 July 2013 (s 2) | Sch 1 (item 4) and Sch 2 (item 28(1), (2)) |
Private Health Insurance Legislation Amendment (Base Premium) Act 2013 | 106, 2013 | 29 June 2013 | Sch 1 (items 1–3, 6, 13): Taken to have never commenced (s 2(1) items 2, 4, 6) Remainder: 29 June 2013 (s 2(1) items 1, 3, 5, 7) | Sch 1 (item 14) |
Private Health Insurance Legislation Amendment Act 2014 | 26, 2014 | 9 Apr 2014 | Sch 1 (items 1–11, 13): 9 Apr 2014 (s 2) | — |
Statute Law Revision Act (No. 1) 2014 | 31, 2014 | 27 May 2014 | Sch 6 (items 19, 20, 23): 24 June 2014 (s 2(1) item 9) | Sch 6 (item 23) |
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 | 62, 2014 | 30 June 2014 | Sch 6 (items 66, 67), Sch 11 (items 61–72) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 |
| ||||
| 36, 2015 | 13 Apr 2015 | Sch 2 (item 7) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
| ||||
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | — |
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | — |
Private Health Insurance Amendment Act (No. 1) 2014 | 123, 2014 | 26 Nov 2014 | 26 Nov 2014 (s 2) | — |
Private Health Insurance Amendment Act 2015 | 57, 2015 | 26 June 2015 | Sch 1 (items 14–31): 1 July 2015 (s 2(1) item 2) Sch 2 (items 2, 3): 26 May 2015 (s 2(1) item 3) | Sch 1 (items 25–31) and Sch 2 (items 2, 3) |
Norfolk Island Legislation Amendment Act 2015 | 59, 2015 | 26 May 2015 | Sch 2 (items 306–310): 1 July 2016 (s 2(1) item 5) Sch 2 (items 356–396): 18 June 2015 (s 2(1) item 2) | Sch 2 (items 356–396) |
| ||||
| 33, 2016 | 23 Mar 2016 | Sch 2: 24 Mar 2016 (s 2(1) item 2) | — |
Private Health Insurance (Prudential Supervision) (Consequential Amendments and Transitional Provisions) Act 2015 | 87, 2015 | 26 June 2015 | Sch 1 (items 42–177, 179, 180): 1 July 2015 (s 2(1) items 2–5) Sch 2: 27 June 2015 (s 2(1) item 9) | Sch 2 |
Budget Savings (Omnibus) Act 2016 | 55, 2016 | 16 Sept 2016 | Sch 6: 17 Sept 2016 (s 2(1) item 6) | — |
Private Health Insurance Legislation Amendment Act 2018 | 101, 2018 | 21 Sept 2018 | Sch 1, Sch 2 (items 1, 2) and Sch 5 (items 1–30): 1 Apr 2019 (s 2(1) items 2, 5) Sch 4 and Sch 5 (items 33–35): 22 Sept 2018 (s 2(1) items 4, 7) Sch 5 (items 31, 32): 1 Jan 2019 (s 2(1) item 6) | Sch 1 (item 2) and Sch 4 |
Health Legislation Amendment (Data‑matching and Other Matters) Act 2019 | 121, 2019 | 12 Dec 2019 | Sch 1 (item 8): 13 Dec 2019 (s 2(1) item 1) | — |
Private Health Insurance Amendment (Income Thresholds) Act 2021 | 52, 2021 | 24 June 2021 | 1 July 2021 (s 2(1) item 1) | Sch 1 (item 10) |
Private Health Insurance Legislation Amendment (Age of Dependants) Act 2021 | 60, 2021 | 29 June 2021 | Sch 1 (items 2–22): 1 Apr 2021 (s 2(1) item 1) | Sch 1 (item 22) |
Private Health Insurance Legislation Amendment (Medical Device and Human Tissue Product List and Cost Recovery) Act 2023 | 8, 2023 | 16 Mar 2023 | Sch 1 (items 1–20, 24, 25) and Sch 2: 1 July 2023 (s 2(1) item 1) | Sch 1 (items 24, 25) and Sch 2 (items 11–15) |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 12 (items 33, 46): 14 Oct 2024 (s 2(1) item 2) | — |
Health Legislation Amendment (Modernising My Health Record—Sharing by Default) Act 2025 | 8, 2025 | 14 Feb 2025 | Sch 2 (items 23–25): 15 Feb 2025 (s 2(1) item 7) | — |
s 1‑10......................................... | am No 32, 2011; No 87, 2015 |
s 1‑15......................................... | ad No 59, 2015 |
s 3‑1.......................................... | am No 87, 2015 |
s 3‑5.......................................... | am No 105, 2013 |
s 3‑15......................................... | rs No 87, 2015 |
s 15‑1......................................... | am No 105, 2013 |
Part 2‑2 heading.......................... | rs No 105, 2013 |
s 20‑1......................................... | am No 32, 2007 |
rs No 105, 2013 | |
s 20‑5......................................... | am No 105, 2013 |
Division 22................................. | ad No 26, 2012 |
ad No 26, 2012 | |
s 22‑1......................................... | ad No 26, 2012 |
s 22‑5......................................... | ad No 26, 2012 |
am No 60, 2021 | |
s 22‑10....................................... | ad No 26, 2012 |
s 22‑15....................................... | ad No 26, 2012 |
am No 105, 2013; No 26, 2014; No 60, 2021 | |
s 22‑20....................................... | ad No 26, 2012 |
s 22‑25....................................... | ad No 26, 2012 |
am No 60, 2021 | |
Subdivision 22‑B heading............ | ad No 26, 2012 |
s 22‑30....................................... | ad No 26, 2012 |
am No 60, 2021 | |
s 22‑35....................................... | ad No 26, 2012 |
rs No 52, 2021 | |
s 22‑40....................................... | ad No 26, 2012 |
am No 52, 2021 | |
s 22‑45....................................... | ad No 26, 2012 |
am No 123, 2014; No 55, 2016; No 52, 2021 | |
Subdivision 22‑C heading............ | ad No 106, 2013 |
rep No 26, 2014 | |
s 22‑50....................................... | ad No 106, 2013 |
rep No 26, 2014 | |
s 22‑55....................................... | ad No 106, 2013 |
rep No 26, 2014 | |
s 22‑60....................................... | ad No 106, 2013 |
rep No 26, 2014 | |
s 22‑65....................................... | ad No 106, 2013 |
rep No 26, 2014 | |
Subdivision 23‑A heading............ | rs No 26, 2012 |
s 23‑1......................................... | rs No 26, 2012 |
s 23‑5......................................... | rep No 26, 2012 |
s 23‑10....................................... | rep No 26, 2012 |
s 23‑15....................................... | am No 32, 2011; No 26, 2012 |
s 23‑20....................................... | am No 32, 2011 |
s 23‑25....................................... | am No 32, 2011 |
rep No 26, 2012 | |
s 23‑30....................................... | am No 32, 2011 |
s 23‑35....................................... | am No 32, 2011 |
s 23‑40....................................... | am No 32, 2011 |
s 23‑45....................................... | am No 32, 2011 |
Division 26................................. | rep No 105, 2013 |
s 26‑1......................................... | am No 32, 2007; No 26, 2012 |
rep No 105, 2013 | |
s 26‑5......................................... | rep No 26, 2012 |
s 26‑10....................................... | am No 32, 2011 |
rep No 105, 2013 | |
s 26‑15....................................... | rs No 32, 2011 |
rep No 105, 2013 | |
s 26‑20....................................... | am No 32, 2011 |
rep No 105, 2013 | |
s 26‑25....................................... | am No 32, 2011 |
rep No 105, 2013 | |
s 26‑30....................................... | am No 32, 2011 |
rep No 26, 2012 | |
s 34‑25....................................... | rs No 63, 2010 |
am No 32 and 46, 2011; No 59, 2015 | |
s 34‑30....................................... | am No 63, 2010; No 59, 2015 |
s 37‑5......................................... | am No 63, 2010; No 46, 2011 |
s 37‑7......................................... | ad No 63, 2010 |
Part 2‑4...................................... | ad No 101, 2018 |
s 42‑1......................................... | ad No 101, 2018 |
s 45‑1......................................... | ad No 101, 2018 |
s 50‑5......................................... | am No 8, 2023 |
s 55‑5......................................... | am No 54, 2008; No 66, 2009; No 101, 2018 |
s 55‑10....................................... | rs No 101, 2018 |
s 55‑15....................................... | ad No 54, 2008 |
s 63‑5......................................... | am No 66, 2009; No 60, 2021 |
s 66‑5......................................... | am No 101, 2018 |
s 66‑25....................................... | ad No 101, 2018 |
s 72‑1......................................... | am No 40, 2010; No 8, 2023; No 8, 2025 |
s 72‑10....................................... | am No 40, 2010; No 8, 2023 |
s 72‑11....................................... | ad No 8, 2023 |
s 72‑12....................................... | ad No 8, 2023 |
s 72‑15....................................... | rs No 8, 2023 |
s 72‑20....................................... | rs No 8, 2023 |
s 72‑25....................................... | ad No 8, 2023 |
s 72‑27....................................... | ad No 8, 2023 |
s 72‑30....................................... | ad No 8, 2023 |
s 72‑35....................................... | ad No 8, 2023 |
s 72‑40....................................... | ad No 8, 2023 |
s 72‑45....................................... | ad No 8, 2023 |
s 78‑1......................................... | am No 101, 2018 |
s 84‑1......................................... | am No 180, 2007 |
s 84‑10....................................... | am No 87, 2015 |
s 90‑1......................................... | am No 87, 2015 |
s 93‑1......................................... | am No 101, 2018 |
s 93‑5......................................... | am No 101, 2018 |
ed C32 | |
s 93‑10....................................... | am No 101, 2018 |
s 93‑15....................................... | am No 101, 2018 |
s 93‑20....................................... | am No 87, 2015; No 101, 2018 |
Division 96 heading..................... | rs No 87, 2015 |
s 96‑1......................................... | am No 87, 2015; No 101, 2018 |
s 96‑5......................................... | am No 87, 2015; No 101, 2018 |
s 96‑10....................................... | am No 87, 2015; No 101, 2018 |
s 96‑15....................................... | am No 87, 2015 |
s 96‑20....................................... | am No 87, 2015 |
s 96‑25....................................... | am No 87, 2015 |
s 99‑1......................................... | am No 136, 2012 |
Chapter 4 heading....................... | rs No 87, 2015 |
s 110‑1....................................... | rs No 87, 2015 |
Part 4‑2 heading.......................... | rs No 87, 2015 |
s 115‑1....................................... | rs No 87, 2015 |
s 115‑5....................................... | rs No 87, 2015 |
Division 118............................... | rep No 87, 2015 |
s 118‑1....................................... | rep No 87, 2015 |
s 118‑5....................................... | rep No 87, 2015 |
s 121‑5....................................... | am No 101, 2018 |
s 121‑8....................................... | ad No 101, 2018 |
s 121‑8A.................................... | ad No 101, 2018 |
s 121‑8B.................................... | ad No 101, 2018 |
s 121‑8C.................................... | ad No 101, 2018 |
s 121‑8D.................................... | ad No 101, 2018 |
s 121‑10..................................... | am No 101, 2018; No 8, 2025 |
Part 4‑3...................................... | rep No 87, 2015 |
s 126‑1....................................... | rep No 87, 2015 |
s 126‑5....................................... | rep No 87, 2015 |
s 126‑10..................................... | am No 54, 2008 |
rep No 87, 2015 | |
s 126‑15..................................... | rep No 87, 2015 |
s 126‑20..................................... | am No 180, 2007; No 54, 2008; No 26, 2014 |
rep No 87, 2015 | |
s 126‑25..................................... | rep No 87, 2015 |
s 126‑30..................................... | rep No 87, 2015 |
s 126‑35..................................... | rep No 87, 2015 |
s 126‑40..................................... | rep No 87, 2015 |
s 126‑42..................................... | rep No 87, 2015 |
s 126‑45..................................... | am No 54, 2008 |
rep No 87, 2015 | |
s 131‑1....................................... | rs No 87, 2015 |
s 131‑5....................................... | rs No 87, 2015 |
s 131‑20..................................... | ad No 87, 2015 |
s 131‑25..................................... | ad No 87, 2015 |
Division 134............................... | rep No 87, 2015 |
s 134‑1....................................... | rep No 87, 2015 |
s 134‑5....................................... | rep No 87, 2015 |
s 134‑10..................................... | rep No 87, 2015 |
Division 137............................... | rep No 87, 2015 |
s 137‑1....................................... | rep No 87, 2015 |
s 137‑5....................................... | rep No 87, 2015 |
s 137‑10..................................... | rep No 87, 2015 |
s 137‑15..................................... | rep No 87, 2015 |
s 137‑20..................................... | rep No 87, 2015 |
s 137‑25..................................... | rep No 87, 2015 |
s 137‑30..................................... | rep No 87, 2015 |
Division 140............................... | rep No 87, 2015 |
s 140‑1....................................... | rep No 87, 2015 |
s 140‑5....................................... | rep No 87, 2015 |
s 140‑10..................................... | rep No 87, 2015 |
s 140‑15..................................... | rep No 87, 2015 |
s 140‑20..................................... | rep No 87, 2015 |
Division 143............................... | rep No 87, 2015 |
s 143‑1....................................... | rep No 87, 2015 |
s 143‑5....................................... | rep No 87, 2015 |
s 143‑10..................................... | rep No 87, 2015 |
s 143‑15..................................... | rep No 87, 2015 |
s 143‑20..................................... | rep No 87, 2015 |
Division 146............................... | rep No 87, 2015 |
s 146‑1....................................... | rep No 87, 2015 |
s 146‑5....................................... | rep No 87, 2015 |
s 146‑10..................................... | rep No 87, 2015 |
s 146‑15..................................... | rep No 87, 2015 |
Division 149............................... | rep No 87, 2015 |
s 149‑1....................................... | rep No 87, 2015 |
s 149‑5....................................... | rep No 87, 2015 |
s 149‑10..................................... | rep No 87, 2015 |
s 149‑15..................................... | rep No 87, 2015 |
s 149‑20..................................... | rep No 87, 2015 |
s 149‑25..................................... | rep No 87, 2015 |
s 149‑30..................................... | rep No 87, 2015 |
s 149‑35..................................... | rep No 87, 2015 |
s 149‑40..................................... | rep No 87, 2015 |
s 149‑45..................................... | rep No 87, 2015 |
s 149‑50..................................... | rep No 87, 2015 |
s 149‑55..................................... | rep No 87, 2015 |
s 149‑60..................................... | rep No 87, 2015 |
Division 152............................... | rep No 87, 2015 |
s 152‑5....................................... | rep No 87, 2015 |
s 152‑10..................................... | rep No 87, 2015 |
s 152‑15..................................... | rep No 87, 2015 |
Part 4 5 heading.......................... | rs No 87, 2015 |
s 157‑1....................................... | rs No 87, 2015 |
s 157‑5....................................... | am No 87, 2015 |
Division 160............................... | rep No 87, 2015 |
s 160‑1....................................... | rep No 87, 2015 |
s 160‑5....................................... | rep No 87, 2015 |
s 160‑10..................................... | rep No 87, 2015 |
s 160‑15..................................... | rep No 87, 2015 |
s 160‑20..................................... | rep No 87, 2015 |
s 160‑25..................................... | rep No 87, 2015 |
s 160‑30..................................... | rep No 87, 2015 |
s 160‑35..................................... | rep No 87, 2015 |
Division 163............................... | rep No 87, 2015 |
s 163‑1....................................... | rep No 87, 2015 |
s 163‑5....................................... | rep No 87, 2015 |
s 163‑10..................................... | rep No 87, 2015 |
s 163‑15..................................... | rep No 87, 2015 |
s 163‑20..................................... | rep No 87, 2015 |
Division 166............................... | rep No 87, 2015 |
s 166‑1....................................... | rep No 87, 2015 |
s 166‑5....................................... | rep No 87, 2015 |
s 166‑10..................................... | rep No 87, 2015 |
s 166‑15..................................... | rep No 87, 2015 |
s 166‑20..................................... | rep No 87, 2015 |
s 166‑25..................................... | rep No 87, 2015 |
Division 169 heading................... | rs No 87, 2015 |
s 169‑1....................................... | rep No 87, 2015 |
s 169‑5....................................... | rep No 87, 2015 |
s 169‑10..................................... | am No 87, 2015 |
s 169‑15..................................... | rep No 87, 2015 |
Division 172 heading................... | rs No 87, 2015 |
s 172‑1....................................... | rep No 87, 2015 |
s 172‑5....................................... | am No 103, 2010 |
s 172‑15..................................... | am No 87, 2015 |
s 180‑1....................................... | am No 87, 2015 |
s 185‑1....................................... | am No 87, 2015 |
s 185‑5....................................... | am No 54, 2008 |
rs No 87, 2015 | |
s 185‑10..................................... | rep No 87, 2015 |
s 191‑1....................................... | rs No 87, 2015 |
s 191‑5....................................... | am No 87, 2015 |
s 194‑1A.................................... | ad No 87, 2015 |
s 194‑1....................................... | am No 87, 2015 |
s 194‑5....................................... | am No 87, 2015 |
s 194‑10..................................... | am No 87, 2015 |
s 194‑15..................................... | am No 87, 2015 |
s 194‑25..................................... | am No 87, 2015 |
s 194‑30..................................... | rep No 87, 2015 |
s 194‑35..................................... | am No 87, 2015 |
s 197‑1....................................... | am No 87, 2015 |
s 197‑5....................................... | am No 87, 2015 |
Division 200 heading................... | rs No 87, 2015 |
s 200‑1....................................... | am No 54, 2008; No 87, 2015 |
s 200‑5....................................... | am No 87, 2015 |
s 203‑1....................................... | am No 87, 2015 |
s 203‑10..................................... | am No 87, 2015 |
s 203‑15..................................... | am No 87, 2015 |
s 203‑20..................................... | am No 87, 2015 |
s 203‑25..................................... | am No 87, 2015 |
s 203‑60..................................... | am No 87, 2015 |
s 206‑1....................................... | am No 105, 2013 |
Part 5‑3...................................... | rep No 87, 2015 |
s 211‑1....................................... | rep No 87, 2015 |
s 211‑5....................................... | rep No 87, 2015 |
s 211‑10..................................... | rep No 87, 2015 |
s 211‑15..................................... | rep No 87, 2015 |
s 214‑1....................................... | rep No 87, 2015 |
s 214‑5....................................... | rep No 87, 2015 |
s 214‑10..................................... | rep No 87, 2015 |
s 214‑15..................................... | rep No 87, 2015 |
s 214‑20..................................... | rep No 87, 2015 |
s 214‑25..................................... | rep No 87, 2015 |
s 214‑30..................................... | rep No 87, 2015 |
s 214‑35..................................... | rep No 87, 2015 |
s 214‑40..................................... | rep No 87, 2015 |
s 214‑45..................................... | rep No 87, 2015 |
s 217‑1....................................... | rep No 87, 2015 |
s 217‑5....................................... | rep No 87, 2015 |
s 217‑10..................................... | rep No 87, 2015 |
s 217‑15..................................... | rep No 87, 2015 |
s 217‑20..................................... | rep No 87, 2015 |
s 217‑25..................................... | rep No 87, 2015 |
s 217‑30..................................... | rep No 87, 2015 |
s 217‑35..................................... | rep No 87, 2015 |
s 217‑40..................................... | rep No 87, 2015 |
s 217‑45..................................... | rep No 87, 2015 |
s 217‑50..................................... | rep No 87, 2015 |
s 217‑55..................................... | rep No 87, 2015 |
s 217‑60..................................... | rep No 87, 2015 |
s 217‑65..................................... | rep No 87, 2015 |
s 217‑70..................................... | rep No 87, 2015 |
s 217‑75..................................... | rep No 87, 2015 |
s 217‑80..................................... | rep No 87, 2015 |
s 220‑1....................................... | rep No 87, 2015 |
s 220‑5....................................... | rep No 87, 2015 |
s 220‑10..................................... | rep No 87, 2015 |
s 220‑15..................................... | rep No 87, 2015 |
s 230‑1....................................... | am No 105, 2013; No 57, 2015; No 87, 2015; No 38, 2024 |
Part 6‑2...................................... | rep No 57, 2015 |
s 235‑1....................................... | rep No 57, 2015 |
s 235‑5....................................... | rep No 57, 2015 |
s 238‑1...................................... | am No 62, 2014 |
rep No 57, 2015 | |
s 238‑5....................................... | am No 8, 2010 |
rep No 57, 2015 | |
s 241‑1....................................... | rep No 57, 2015 |
s 241‑5....................................... | rep No 57, 2015 |
s 241‑10..................................... | rep No 57, 2015 |
s 241‑15..................................... | rep No 57, 2015 |
s 241‑20..................................... | rep No 57, 2015 |
s 241‑25..................................... | rep No 57, 2015 |
s 241‑30..................................... | rep No 57, 2015 |
s 241‑35..................................... | rep No 57, 2015 |
s 241‑40..................................... | rep No 57, 2015 |
s 241‑45..................................... | rep No 57, 2015 |
s 241‑50..................................... | rep No 57, 2015 |
s 241‑55..................................... | rep No 57, 2015 |
s 241‑60..................................... | rep No 57, 2015 |
s 241‑65..................................... | rep No 57, 2015 |
s 244‑1....................................... | rep No 57, 2015 |
s 244‑5....................................... | rep No 57, 2015 |
s 244‑10..................................... | rep No 57, 2015 |
s 244‑15..................................... | rep No 57, 2015 |
s 244‑20..................................... | am No 103, 2010 |
rep No 57, 2015 | |
s 247‑1....................................... | rep No 57, 2015 |
s 247‑5....................................... | rep No 57, 2015 |
s 247‑10..................................... | rep No 57, 2015 |
s 247‑15..................................... | rep No 57, 2015 |
s 247‑20..................................... | rep No 57, 2015 |
s 247‑25..................................... | rep No 57, 2015 |
s 250‑1....................................... | rep No 57, 2015 |
s 250‑5....................................... | rep No 57, 2015 |
s 250‑10..................................... | am No 197, 2012 |
rep No 57, 2015 | |
s 253‑1....................................... | rep No 57, 2015 |
s 253‑5....................................... | rep No 57, 2015 |
s 253‑10..................................... | am No 46, 2011 |
rep No 57, 2015 | |
s 253‑15..................................... | rep No 57, 2015 |
s 253‑20..................................... | rep No 57, 2015 |
s 253‑25..................................... | rep No 57, 2015 |
s 253‑30..................................... | rep No 57, 2015 |
s 253‑35..................................... | am No 62, 2014 |
rep No 57, 2015 | |
s 253‑40..................................... | rep No 62, 2014 |
s 253‑45..................................... | rep No 57, 2015 |
s 253‑50..................................... | rs No 62, 2014 |
rep No 57, 2015 | |
s 253‑55..................................... | rep No 57, 2015 |
s 253‑60..................................... | rep No 57, 2015 |
s 256‑1....................................... | rep No 57, 2015 |
s 256‑5....................................... | rep No 57, 2015 |
s 256‑10..................................... | rep No 57, 2015 |
Part 6‑3...................................... | rep No 87, 2015 |
s 261‑1....................................... | rep No 87, 2015 |
s 261‑5....................................... | rep No 87, 2015 |
s 264‑1...................................... | am No 62, 2014 |
rep No 87, 2015 | |
s 264‑5...................................... | rep No 87, 2015 |
s 264‑10.................................... | rep No 87, 2015 |
s 264‑15.................................... | am No 62, 2014 |
rep No 87, 2015 | |
s 264‑20.................................... | rep No 87, 2015 |
s 264‑25.................................... | rep No 87, 2015 |
s 267‑1...................................... | rep No 87, 2015 |
s 267‑5...................................... | rep No 87, 2015 |
s 267‑10.................................... | rep No 87, 2015 |
s 267‑15..................................... | am No 62, 2014 |
rep No 87, 2015 | |
s 267‑20..................................... | rs No 62, 2014 |
rep No 87, 2015 | |
s 270‑1....................................... | rep No 87, 2015 |
s 270‑5....................................... | rep No 87, 2015 |
s 270‑10..................................... | am No 46, 2011 |
rep No 87, 2015 | |
s 270‑15..................................... | am No 31, 2014 |
rep No 87, 2015 | |
s 270‑20..................................... | rep No 87, 2015 |
s 270‑25..................................... | rep No 87, 2015 |
s 270‑30..................................... | rep No 87, 2015 |
s 270‑35..................................... | rep No 87, 2015 |
s 270‑40..................................... | am No 62, 2014 |
rep No 87, 2015 | |
s 270‑45..................................... | am No 180, 2007 |
rep No 62, 2014 | |
s 273‑1....................................... | rep No 87, 2015 |
s 273‑5....................................... | rep No 87, 2015 |
s 273‑10..................................... | am No 62, 2014 |
rep No 87, 2015 | |
s 273‑15..................................... | rep No 87, 2015 |
s 273‑20..................................... | rep No 87, 2015 |
s 273‑25..................................... | rep No 87, 2015 |
Part 6‑4...................................... | rs No 105, 2013 |
s 276‑1....................................... | am No 32, 2011; No 105, 2013 |
Division 279 heading................... | rs No 105, 2013 |
s 279‑1....................................... | am No 32, 2011 |
s 279‑10..................................... | am No 32, 2011 |
s 279‑15..................................... | am No 32, 2011; No 136, 2012 |
s 279‑20..................................... | am No 32, 2011 |
s 279‑25..................................... | am No 32, 2011 |
s 279‑30..................................... | am No 32, 2011 |
s 279‑40..................................... | am No 32, 2011 |
s 279‑45..................................... | am No 32, 2011 |
Subdivision 279‑B heading.......... | rs No 32, 2011 |
s 279‑50..................................... | am No 32, 2011; No 136, 2012 |
s 279‑55..................................... | am No 32, 2011 |
Division 282 heading................... | rs No 105, 2013 |
s 282‑1....................................... | am No 32, 2011; No 26 and 136, 2012; No 105, 2013 |
s 282‑5....................................... | am No 32, 2011 |
s 282‑10..................................... | am No 32, 2011 |
s 282‑15..................................... | am No 32, 2011; No 105, 2013 |
Subdivision 282‑AA heading........ | ad No 26, 2012 |
s 282‑16..................................... | ad No 26, 2012 |
s 282‑17..................................... | ad No 26, 2012 |
s 282‑18..................................... | ad No 26, 2012 |
am No 105, 2013 | |
s 282‑19..................................... | ad No 26, 2012 |
s 282‑20..................................... | am No 32, 2011 |
s 282‑25..................................... | am No 26, 2012 |
s 282‑30..................................... | am No 32, 2011 |
s 282‑35..................................... | am No 32, 2011 |
Part 6‑5...................................... | rep No 87, 2015 |
s 287‑1....................................... | rep No 87, 2015 |
s 287‑5....................................... | rep No 87, 2015 |
s 290‑1....................................... | rep No 87, 2015 |
s 290‑5....................................... | rep No 87, 2015 |
s 290‑10..................................... | rep No 87, 2015 |
s 293‑1....................................... | rep No 87, 2015 |
s 293‑5....................................... | rep No 87, 2015 |
s 293‑10..................................... | rep No 87, 2015 |
s 293‑15..................................... | rep No 87, 2015 |
s 296‑1....................................... | rep No 87, 2015 |
s 296‑5....................................... | rep No 87, 2015 |
s 296‑10..................................... | rep No 87, 2015 |
s 296‑15..................................... | rep No 87, 2015 |
s 296‑20..................................... | rep No 87, 2015 |
s 296‑25..................................... | rep No 87, 2015 |
s 299‑1....................................... | rep No 87, 2015 |
s 299‑5....................................... | rep No 87, 2015 |
s 299‑10..................................... | rep No 87, 2015 |
s 299‑15..................................... | rep No 87, 2015 |
s 299‑20..................................... | rep No 87, 2015 |
s 299‑25..................................... | rep No 87, 2015 |
s 304‑10..................................... | am No 66, 2009; No 87, 2015; No 8, 2023 |
s 307‑1....................................... | am No 66, 2009; No 87, 2015 |
s 307‑5....................................... | am No 66, 2009 |
s 307‑10..................................... | am No 66, 2009; No 87, 2015; No 8, 2023 |
s 307‑15..................................... | am No 87, 2015 |
s 307‑20..................................... | am No 66, 2009; No 87, 2015; No 8, 2023 |
s 307‑25..................................... | rep No 87, 2015 |
s 307‑30..................................... | am No 8, 2023 |
Division 310 heading................... | rs No 66, 2009 |
s 310‑1....................................... | am No 87, 2015 |
s 310‑5....................................... | am No 87, 2015 |
s 310‑10..................................... | am No 87, 2015 |
Division 313 heading................... | rs No 66, 2009; No 87, 2015 |
s 313‑1....................................... | am No 87, 2015 |
s 313‑20..................................... | am No 87, 2015 |
Part 6‑7...................................... | rs No 87, 2015 |
s 318‑1....................................... | rs No 87, 2015 |
s 318‑5....................................... | rs No 87, 2015 |
s 318‑10..................................... | rs No 87, 2015 |
s 318‑15..................................... | rs No 87, 2015 |
s 323‑1....................................... | am No 87, 2015; No 121, 2019 |
s 323‑5....................................... | am No 32, 2011; No 26, 2012; No 57, 2015; No 87, 2015 |
s 323‑10..................................... | am No 32, 2011; No 57, 2015; No 87, 2015 |
s 323‑25..................................... | am No 87, 2015 |
s 323‑35..................................... | am No 87, 2015 |
s 328‑1....................................... | am No 32, 2011; No 57, 2015; No 38, 2024 |
s 328‑5....................................... | am No 32, 2011; No 105, 2013; No 57, 2015; No 87, 2015; No 101, 2018; No 38, 2024 |
s 333‑1....................................... | am No 32, 2011; No 87, 2015 |
s 333‑10..................................... | am No 32, 2011; No 87, 2015 |
s 333‑20..................................... | am No 57, 2015; No 87, 2015; No 60, 2021; No 8, 2023 |
s 333‑25..................................... | rs No 87, 2015 |
Schedule 1.................................. | am No 66, 2009; No 63, 2010; No 32, 2011; No 46, 2011; No 26, 2012; No 197, 2012; No 105, 2013; No 106, 2013; No 26, 2014; No 57, 2015; No 59, 2015; No 87, 2015; No 101, 2018; No 60, 2021; No 8, 2023 |
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