Private Health Insurance Legislation Amendment Act 2009 (Cth)

Private Health Insurance Legislation Amendment Act 2009

No. 66, 2009

An Act to amend the law in relation to private health insurance, and for related purposes

Contents

Private Health Insurance Legislation Amendment Act 2009

No. 66, 2009

An Act to amend the law in relation to private health insurance, and for related purposes

[Assented to 1 July 2009]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Private Health Insurance Legislation Amendment Act 2009.

2Commencement

1. (1)

   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent.	1 July 2009
2. Schedule 1, items 1 to 3	The later of: (a) 1 July 2009; and (b) the day on which this Act receives the Royal Assent.	1 July 2009
3. Schedule 1, items 4 to 12	At the same time as sections 3 to 9 of the Private Health Insurance (National Joint Replacement Register Levy)Act 2009 commence.	1 July 2009
4. Schedule 1, item 13	The later of: (a) 1 July 2009; and (b) the day on which this Act receives the Royal Assent.	1 July 2009
5. Schedule 1, item 14	At the same time as sections 3 to 9 of the Private Health Insurance (National Joint Replacement Register Levy)Act 2009 commence.	1 July 2009

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

1. (2)

   Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

Age Discrimination Act 2004

1. 1

   Schedule 2 (cell at table item 9A, column headed “Provision(s)”)

   Omit “and Part 2‑3”, substitute “, Part 2‑3 and subsection 63‑5(4)”.

Private Health Insurance Act 2007

2

Paragraph 55‑5(2)(c)

After “(lifetime health cover)”, insert “or subsection 63‑5(4)”.

3

At the end of section 63‑5

Add:

1. (4)

   A premium payable for a policy that covers an insured group of 2 or more people that includes a *dependent child non‑student 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 but no dependent child non‑student.

2. (5)

   A dependent child non‑student is a *dependent child who:

   1. (a)

      is aged between 18 and 24 (inclusive); and

   2. (b)

      is not receiving full‑time education at a school, college or university.

4

At the end of section 304‑10

Add:

1. ; (e)

   levy imposed under the Private Health Insurance (National Joint Replacement Register Levy) Act 2009 (national joint replacement register levy).

5

Subparagraph 307‑1(1)(a)(iv)

Omit “and”, substitute “or”.

6

At the end of paragraph 307‑1(1)(a)

Add:

1. (v)

   *national joint replacement register levy imposed on a supplementary national joint replacement register levy day (within the meaning of the Private Health Insurance (National Joint Replacement Register Levy)Act 2009); and

7

Subsection 307‑5(1)

Omit “private health insurer”, substitute “person”.

8

Subsection 307‑5(1)

Omit “the insurer”, substitute “the person”.

9

At the end of subsection 307‑10(1)

Add:

1. ; (c)

   a *national joint replacement register levy;

2. (d)

   a late payment penalty in respect of a national joint replacement register levy.

10

Subsection 307‑20(1)

Omit “of *complaints levy,”, substitute:

of:

1. (a)

   *complaints levy; or

2. (b)

   *national joint replacement register levy;

11

Division 310 (heading)

Repeal the heading, substitute:

Division 310—Returns, requesting information and keeping records: private health insurers

12

Division 313 (heading)

Repeal the heading, substitute:

Division 313—Power to enter premises and search for documents: private health insurers

13

Clause 1 of Schedule 1

Insert:

dependent child non‑student is defined in subsection 63‑5(5).

14

Clause 1 of Schedule 1

Insert:

national joint replacement register levy is defined in paragraph 304‑10(e).

[Minister’s second reading speech made in—

House of Representatives on 3 June 2009

Senate on 25 June 2009]

(98/09)