Private Health Insurance (Council Administration Levy) Rules 2007 (Cth)

Private Health Insurance (Council Administration Levy) Rules 2007

as amended

made under section 9A of the Private Health Insurance (Council Administration Levy) Act 2003

Compilation start date:25 April 2015

Includes amendments up to:Private Health Insurance (Council Administration Levy) Rules 2015 (No. 1)

Prepared by the Department of Health, Canberra.

About this compilation

The compiled instrument

This is a compilation of the Private Health Insurance (Council Administration Levy) Rules 2007 amended and in force on 25 April 2015. It includes any amendment affecting the compiled instrument to that date.

This compilation was prepared on 27 April 2015.

The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.

Uncommenced provisions and amendments

If a provision of the compiled instrument is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.

Application, saving and transitional provisions for amendments

If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.

Modifications

If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled instrument has expired or otherwise ceased to have effect in accordance with a provision of the instrument, details of the provision are set out in the endnotes.

Contents

Part 1 Preliminary

Part 2 Council administration levy

Part 1Preliminary

1Name of Rules [see Note 1]

These Rules are the Private Health Insurance (Council Administration Levy) Rules 2007.

2Commencement [see Note 1]

These Rules commence:

1. (a)

   if the Rules are registered before Schedule 1 of the amendment Act commences ― at the same time as Schedule 1 of the amendment Act commences; or

2. (b)

   if the Rules are registered on or after the day on which Schedule 1 of the amendment Act commences ― on the date on which the Rules are registered,

whichever occurs first.

3Definitions

Note Terms used in these Rules have the same meaning as in the Act ― see section 13 of the Legislative Instruments Act 2003.These terms include:

complying health insurance policy

Council administration levy

Council administration levy day

private health insurer

In these rules:

Actmeans the Private Health Insurance (Council Administration Levy) Act 2003.

amendment Actmeans the Private Health Insurance (Council Administration Levy) Amendment Act 2007.

census day means the day specified in rule 8.

health benefits fundhas the same meaning as in the Private Health Insurance Act 2007.

joint policy means a policy under which two or more persons are insured.

quartermeans the period of 3 months ending on the last day of March, June, September or December in a year.

policy means a complying health insurance policy.

single policy means a policy under which only one person is insured.

Part 2Council administration levy

4Council administration levy day

For paragraph 6 (1) (a) of the Act, the 28th day of the second month of each quarter in a financial year is specified as a council administration levy day for that financial year.

5Rate of Council administration levy

For item 1 of the table in subsection 7 (1) of the Act:

1. (a)

   the rate of levy for each single policy on issue from the private health insurer on the census day is the rate worked out in accordance with rule 6; and

2. (b)

   the rate of levy for each joint policy on issue from the private health insurer on the census day is the rate worked out in accordance with rule 7.

Note Policy data held by the Private Health Insurance Administration Council will be used to work out the number of single coverage policies and joint coverage policies.

6Rate for a single policy

1. (1)

   The rate for a single policy for a quarter mentioned in column 2 of the following table is the amount in cents worked out using the formula in column 3 of the table.

Item	Quarter	Formula
1	Quarter ending on the last day of June 2015	(single coverage policies + joint coverage policies) Í zero
2	Each quarter of the 2015 – 2016 financial year	155 775 000
		single coverage policies + (2 Í joint coverage policies)

1. (2)

   However, if the rate worked out for a single policy on issue from an insurer is more than 50 cents for the quarter, the rate for the policy is 50 cents.

2. (3)

   In this rule:

   single coverage policies means the aggregate number of single policies on issue from all private health insurers on the census day.

   joint coverage policies means the aggregate number of all joint policies on issue from all private health insurers on the census day.

7Rate for a joint policy

1. (1)

   The rate for a joint policy for a quarter mentioned in column 2 of the following table is the amount in cents worked out using the formula in column 3 of the table.

Item	Quarter	Formula
1	Quarter ending on the last day of June 2015	(single coverage policies + joint coverage policies) Í zero
2	Each quarter of the 2015 – 2016 financial year	2 Í	155 775 000
			single coverage policies + (2 Í joint coverage policies)

1. (2)

   However, if the rate worked out for a joint policy on issue from an insurer is more than $1 for the quarter, the rate for the policy is $1.

2. (3)

   In this rule:

   single coverage policies means the aggregate number of single policies on issue from all private health insurers on the census day.

   joint coverage policies means the aggregate number of all joint policies on issue from all private health insurers on the census day.

8Census day

For subparagraph 7 (2) (a) (i) of the Act, the 28th day of the first month of a quarter is specified as the census day for the council administration levy day that occurs in that quarter.

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law, but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

ad = added or inserted

pres = present

am = amended

prev = previous

c = clause(s)

(prev) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expired or ceased to have effect

rep = repealed

hdg = heading(s)

rs = repealed and substituted

LI = legislative instrument

s = section(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

mod = modified/modification

Sdiv = Subdivision(s)

No = Number(s)

SLI = Select Legislative Instrument

o = order(s)

SR = Statutory Rules

Ord = Ordinance

Sub-Ch = Sub-Chapter(s)

orig = original

SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)

/sub-subparagraph(s)

Endnote 3—Legislation history

This endnote sets out details of the legislation history of the Private Health Insurance (Council Administration Levy) Rules 2007.

Table of Instruments

Title	Date of FRLI registration	Date of commencement	Application, saving or transitional provisions
Private Health Insurance (Council Administration Levy) Rules 2007	31 Mar 2007 (see F2007L00897)	1 Apr 2007
Private Health Insurance (Council Administration Levy) Amendment Rules 2009 (No. 1)	23 June 2009 (see F2009L02514)	Rr. 1–3 and Schedule 1: 1 July 2009 Schedule 2: 1 July 2010	—
Private Health Insurance (Council Administration Levy) Amendment Rules 2011 (No. 1)	8 June 2011 (see F2011L00979)	1 July 2011	—
Private Health Insurance (Council Administration Levy) Amendment Rule 2012 (No. 1) Private Health Insurance (Council Administration Levy) Amendment Rules 2013 (No. 1) Private Health Insurance (Council Administration Levy) Amendment Rules 2013 (No. 2) Private Health Insurance (Council Administration Levy) Amendment Rules 2013 (No. 3)	28 June 2012 (see F2012L01391) 24 June 2013 (see F2013L01135) 2 August 2013 (see F2013L01504) 26 August 2013 (see F2013LO1621)	1 July 2012 1 July 2013 22 July 2013 27 August 2013	— — — —
Private Health Insurance (Council Administration Levy) Amendment Rules 2015 (No. 1)	24 April 2015 (see F2015L00596)	25 April 2015	—

Endnote 4—Amendment history

This endnote sets out the amendment history of the Private Health Insurance (Council Administration Levy) Rules 2007.

ad. = added or inserted

am. = amended rep. = repealed rs. = repealed and substituted exp. = expired or ceased to have effect

Provision affected

How affected

Part 2

R. 5..........................................

am. 2012 No. 1

Note to r. 5..............................

am. 2012 No. 1

R. 6..........................................

am. 2009 No. 1; 2011 No. 1

rs. 2012 No. 1, rep 2013 No. 1, rs 2013 No. 2, am 2013 No 3

rs. F2015L00596

R. 7..........................................

am. 2009 No. 1; 2011 No. 1

rs. 2012 No. 1, rep 2013 No. 1, rs 2013 No. 2, am 2013 No 3

rs. F2015L00596

Endnote 5 – Uncommenced amendments [none]

Endnote 6 – Modifications [none]

Endnote 7 – Misdescribed amendments [none]

Endnote 8 – Miscellaneous [none]