Private Health Insurance Complaints Levy Regulations 1995 (Cth)

Private Health Insurance Complaints Levy Regulations 1995

Statutory Rules 1995 No. 264 as amended

made under the

Private Health Insurance Complaints Levy Act 1995

This compilation was prepared on 3 November 2006

taking into account amendments up to SLI 2006 No. 285

The text of any of those amendments not in force

on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,

Attorney‑General’s Department, Canberra

Contents

    1Name of Regulations [see Note 1]

 These Regulations are the Private Health Insurance Complaints Levy Regulations 1995.

2Commencement

 These Regulations commence on 1 October 1995.

3Interpretation

 In these Regulations, unless the contrary intention appears:

new fund means an organization’s fund that:

• (a)

  commences business in a quarter commencing on 1 July or 1 October; and

• (b)

  has carried on business for a period of less than 12 months.

organization’s fund means the health benefits fund by means of which a registered organization conducts its health insurance business.

quarter means a quarter, or a part of a quarter, in which a registered organization conducts health insurance business.

the Act means the Private Health Insurance Complaints Levy Act 1995.

transferring fund means an organization’s fund the business of which is transferred to another organization’s fund.

4Levy for the quarters ending 31 March 2000 and 30 June 2000

• (1)

  For the purposes of subsection 6 (1) of the Act, the rate of levy payable by a registered organization for the quarters ending 31 March 2000 and 30 June 2000 is set out in this regulation.

• (2)

  The rate of levy in respect of a contributor who contributes to an organization’s fund in respect of 1 person is the rate in cents, for each quarter in the period, calculated using the formula:

  where:

  family contributors is the aggregate number of contributors who contribute to any organization’s fund in respect of more than 1 person.

  single contributors is the aggregate number of contributors who contribute to any organization’s fund in respect of 1 person.

• (3)

  The rate of levy in respect of a contributor who contributes to an organization’s fund in respect of more than 1 person is the rate in cents, for each quarter in the period, calculated using the formula:

  where family contributors and single contributors have the same meaning as in subregulation (2).

• (4)

  The levy to which subregulation (2) or (3) applies is payable on 17 March 2000.

  Note   Regulation 6 identifies who is a contributor to an organization’s fund for the purposes of this regulation. Membership data held by the Private Health Insurance Administration Council will be used to calculate the number of those contributors.

5Levy after 30 June 2000

• (1)

  For the purposes of subsection 6 (1) of the Act, the rate of levy payable by a registered organization for a quarter occurring after 30 June 2000 is set out in this regulation.

• (2)

  The rate of levy in respect of a contributor who contributes to an organization’s fund in respect of 1 person is the rate in cents, for each quarter after 30 June 2000, calculated using the formula:

  where:

  family contributors is the aggregate number of contributors who contribute to any organization’s fund in respect of more than 1 person.

  single contributors is the aggregate number of contributors who contribute to any organization’s fund in respect of 1 person.

• (3)

  The rate of levy in respect of a contributor who contributes to an organization’s fund in respect of more than 1 person is the rate in cents, for each quarter after 30 June 2000, calculated using the formula:

  where family contributors and single contributors have the same meaning as in subregulation (2).

• (4)

  The levy to which subregulation (2) or (3) applies is payable:

  • (a)

    for the quarters commencing on 1 July 2000, 1 October 2000, 1 January 2001 and 1 April 2001 — on 17 December 2000; and

  • (b)

    for the quarters in a subsequent financial year — on 17 December in that year.

  Note   Regulation 6 identifies who is a contributor to an organization’s fund for the purposes of this regulation. Membership data held by the Private Health Insurance Administration Council will be used to calculate the number of those contributors.

6Who is a contributor to an organization’s fund?

• (1)

  For the purposes of regulations 4 and 5, a person is a contributor to an organization’s fund other than a new fund only if:

  • (a)

    the person was a contributor to the fund on 30 June last occurring before a day on which levy is payable; or

  • (b)

    the person is a contributor to whom subregulation (4) applies.

• (2)

  For the purposes of regulations 4 and 5:

  • (a)

    if a new fund commences business in the quarter commencing on 1 July, a person is a contributor to the new fund for that quarter and the following quarter only if the person is a contributor to whom subregulation (4) applies; and

  • (b)

    if a new fund commences business in the quarter commencing on 1 October, a person is a contributor to the new fund for that quarter only if the person is a contributor to whom subregulation (4) applies.

• (3)

  For the purposes of regulations 4 and 5, a person is a contributor to a new fund for the quarters commencing on 1 January and 1 April following the day on which the fund commences business only if:

  • (a)

    the person was a contributor to the fund on 31 December in the year in which the fund commenced business; or

  • (b)

    the person is a contributor to whom subregulation (4) applies.

• (4)

  For the purposes of regulations 4 and 5, each of the following persons is a contributor to an organization’s fund:

  • (a)

    if:

    • (i)

      the business of another organization’s fund is transferred to the organization’s fund; and

    • (ii)

      the transferring fund is not a new fund;

  a person who was a contributor to the transferring fund on 30 June last occurring before a day on which levy is payable;

  • (b)

    if:

    • (i)

      the business of another organization’s fund is transferred to the organization’s fund; and

    • (ii)

      the transferring fund is a new fund;

  a person who was a contributor to the transferring fund on 31 December following the day on which the transferring fund commenced business.

  Note   If an organization’s fund commences business in a quarter commencing on 1 January or 1 April, persons who join the fund before 30 June in the same year are not counted as contributors for that period, and the fund will pay no levy in respect of those contributors for that period, unless subregulation 6 (4) applies.

  For the purposes of calculating levy in respect of its business in the following financial year, the number of contributors to the organization’s fund will include all persons who are contributors to the fund in accordance with regulation 6, including, for example, persons who are contributors to the fund on that 30 June.

Notes to the Private Health Insurance Complaints Levy Regulations 1995

Note 1

The Private Health Insurance Complaints Levy Regulations 1995 (in force under the Private Health Insurance Complaints Levy Act 1995) as shown in this compilation comprise Statutory Rules 1995 No. 264 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non‑exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Year and number	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
1995 No. 264	12 Sept 1995	1 Oct 1995
2000 No. 9	9 Mar 2000	10 Mar 2000	—
2005 No. 274	29 Nov 2005 (see F2005L03690)	30 Nov 2005	—
2006 No. 285	2 Nov 2006 (see F2006L03465)	3 Nov 2006	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1.........................................	rs. 2000 No. 9
R. 4.........................................	rs. 2000 No. 9
R. 5.........................................	rs. 2000 No. 9
am. 2005 No. 274; 2006 No. 285