Private Health Insurance (National Joint Replacement Register Levy) Rule 2015 (Cth)

Private Health Insurance (National Joint Replacement Register Levy) Rule 2015

made under the

Private Health Insurance (National Joint Replacement Register Levy) Act 2009

Compilation No. 3

Compilation date:1 July 2023

Includes amendments up to:F2023L00891

Registered:7 August 2023

About this compilation

This compilation

This is a compilation of the Private Health Insurance (National Joint Replacement Register Levy) Rule 2015 that shows the text of the law as amended and in force on 1 July 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

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.

Application, saving and transitional provisions for provisions and amendments

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.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

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.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Part 1Preliminary1Name

This is the Private Health Insurance (National Joint Replacement Register Levy) Rule 2015.

3Authority

This instrument is made under the Private Health Insurance (National Joint Replacement Register Levy) Act 2009.

4Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) joint replacement device;

(b) national joint replacement register levy;

(c) national joint replacement register levy day;

(d) register.

In this instrument:

Act means the Private Health Insurance (National Joint Replacement Register Levy) Act 2009.

levy means national joint replacement register levy.

levy day means national joint replacement register levy day.

Part 2Levy day5Levy day

For paragraph 6(1) (a) of the Act, 30 November in each financial year is specified as the national joint replacement register levy day for the financial year. The levy date for the 2020‑21 financial year is specified as 31 March 2021.

Part 3Rate of levy6Rate of levy – hand articulation medical devices and foot articulation medical devices

For item 1 of the table in subsection 7(1) of the Act, the rate of levy for a levy day is zero for the recording on the register of the provision of a joint replacement device that is:

1. (a)

   a hand articulation medical device; or

2. (b)

   a foot articulation medical device.

7Rate of levy – other joint replacement devices

1. (1)

   For item 1 of the table in subsection 7(1) of the Act, the rate of levy for a levy day for the recording on the register of the provision of a joint replacement device (other than a hand articulation medical device or a foot articulation medical device) is worked out under subsections (2) and (3).

   Step 1—rate of levy if base amount equals or exceeds $5 000

2. (2)

   The rate of levy for the joint replacement device for the levy day is $5 000 if the amount (the base amount) worked out for the joint replacement device for the levy day using the following formula equals or exceeds $5 000:

   Step 2—rate of levy if base amount is less than $5 000

3. (3)

   If the base amount under subsection (2) for the joint replacement device for the levy day is less than $5 000, the rate of levy for the joint replacement device (the relevant joint replacement device) for the levy day is the lesser of $5 000 and the amount worked out for the relevant joint replacement device for the levy day using the following formula:

   where:

   adjusted total benefit amount means:

   1. (a)

      the total benefit amount for the levy day; less

   2. (b)

      the sum of each device benefit amount for the levy day for joint replacement device for which:

      1. (i)

         the base amount for the levy day exceeds the base amount for the relevant joint replacement device for the levy day; and

      2. (ii)

         the rate of levy worked out under subsection (2) or this subsection for the levy day equals or exceeds $5 000.

   n means the number of joint replacement devices for the levy day for which:

   1. (a)

      the base amount for the levy day exceeds the base amount for the relevant joint replacement device for the levy day; and

   2. (b)

      the rate of levy worked out under subsection (2) or this subsection for the levy day equals or exceeds $5 000.

   Definitions

4. (4)

   In this section:

   device benefit amount for a joint replacement device for a levy day means the amount worked out by multiplying:

   1. (a)

      the number of recordings on the register of the provision of the joint replacement device during the financial year ending before the levy day (being recordings made on or before the 30 September before the levy day); by

   2. (b)

      the minimum benefit for the joint replacement device set out, or worked out using the method set out, in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules, as in force immediately before the levy day, made for the purposes of item 4 of the table in subsection 72‑1(2) of the Private Health Insurance Act 2007.

   NJRR funding amount means:

   1. (a)

      for the levy day on 31 March 2021—$2 523 000; or

   2. (b)

      for the levy day on 30 November 2021—$2 543 000; or

   3. (c)

      for the levy day on 30 November 2022—$2 571 000; or

   4. (d)

      for the levy day on 30 November of any financial year after 30 November 2022—$2 571 000.

   total benefit amount for a levy day means the sum of each device benefit amount for a joint replacement device (other than a hand articulation medical device or a foot articulation medical device) for which a recording was made on the register of the provision of the joint replacement device during the financial year ending before the levy day (being a recording made on or before the 30 September before the levy day).

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key 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 (or will amend) the compiled law. The information includes commencement details for amending laws and details of any 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 (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

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.

Misdescribed amendments

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 Legislation Act 2003.

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.

Endnote 2Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s) /sub‑subparagraph(s)
C[x] = Compilation No. x
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 effect	renum = renumbered
	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given effect	SLI = Select Legislative Instrument
	SR = Statutory Rules
(md not incorp) = misdescribed amendment cannot be given effect	Sub‑Ch = Sub‑Chapter(s)
	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not commenced or to be commenced
No. = Number(s)

Endnote 3Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Private Health Insurance (National Joint Replacement Register Levy) Rule 2015	29 Oct 2015 (F2015L01714)	30 Oct 2015 (s 2(1) item 1)
Private Health Insurance (National Joint Replacement Register Levy) Amendment Rule 2019	27 Nov 2019 (F2019L01508)	28 Nov 2019 (s 2)	—
Private Health Insurance (National Joint Replacement Register Levy) Amendment Rule 2021	24 Mar 2021 (F2021L00325)	25 Mar 2021 (s 2)	—
Private Health Insurance Legislation Amendment (Prostheses—Repeal and Consequential Amendments) Rules 2023	29 June 2023 (F2023L00891)	Sch 2 (items 13–34): 1 July 2023 (s 2(1) item 1)	—

Endnote 4Amendment history

Provision affected	How affected
Part 1
s 2.............................................	rep LA s 48D
s 4.............................................	am F2023L00891
Part 2
s 5.............................................	rs F2021L00325
Part 3
s 6.............................................	am F2023L00891
s 7.............................................	am F2019L01508
ed C1
am F2021L00325; F2023L00891