Private Health Insurance (National Joint Replacement Register Levy) Rules 2011 (Cth)
made under section 8 of the
Includes amendments up to: Private Health Insurance (National Joint Replacement Register Levy) Amendment Rules 2014 (No. 1)
This is a compilation of the
This compilation was prepared on 16 February 2015.
The notes at the end of this compilation (the
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.
If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.
If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.
Contents
These Rules are the
Private Health Insurance (National Joint Replacement Register Levy) Rules 2011 .
(1) These Rules commence on the day after the Rules are registered.
(2) These Rules revoke the
Private Health Insurance (National Joint Replacement Register Levy) Rules 2010.
Note: Terms used in these Rules have the same meaning as in the Act―see section 13 of the
Legislative Instruments Act 2003 In these rules:
Act means thePrivate Health Insurance (National Joint Replacement Register Levy) Act 2009 .
census day means the day specified in rule 6.
For the purposes of paragraph 6 (1) (a) of the Act, each of the following days are specified as a national joint replacement register levy day for each financial year:
(a) 30 April; and
(b) 31 October.
(1) For item 1 of the table in subsection 7(1) of the Act, the rate of the national joint replacement register levy, imposed on a sponsor on a national joint replacement register levy day in respect of each joint replacement prosthesis sponsored by that sponsor as at the most recent census day, is:
(a) for a hand articulation prosthesis or a foot articulation prostheses – zero; and
(b) for any other joint replacement prosthesis – subject to subrule (2), the rate in dollars calculated using the formula –
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where:
n is equal to the total number of joint replacement prostheses sponsored by all sponsors as at the most recent census day, less the total number of hand articulation prostheses and foot articulation prostheses sponsored by sponsors on that same day.
(2) If the application of the formula in paragraph (1)(b) would result in the total amount of the national joint replacement register levy imposed on a sponsor in respect of the same joint replacement prosthesis in the same financial year exceeding $5,000, then the rate in dollars of the national joint replacement register levy imposed on that sponsor in respect of that joint replacement prosthesis is $5,000 less any amount of the national joint replacement register levy that has already been imposed on that sponsor in respect of that joint replacement prosthesis for national joint replacement register levy days in that financial year.
(1) Despite rule 5, for item 1 of the table in subsection 7(1) of the Act, the rate of the national joint replacement register levy, imposed on a sponsor on the national joint replacement register levy day of 30 April 2014 in respect of each joint replacement prosthesis sponsored by that sponsor as at the most recent census day, is:
(a) for a hand articulation prosthesis or a foot articulation prosthesis – zero; and
(b) for any other joint replacement prosthesis – subject to subrule (2), the rate in dollars calculated using the formula:
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where:
n is equal to the total number of joint replacement prostheses sponsored by all sponsors as at the most recent census day, less the total number of hand articulation prostheses and foot articulation prostheses sponsored by sponsors on that same day.(2) If the application of the formula in paragraph (1)(b) would result in the total amount of the national joint replacement register levy imposed on a sponsor in respect of the same joint replacement prosthesis in the same financial year exceeding $5,000, then the rate in dollars of the national joint replacement register levy imposed on that sponsor in respect of that joint replacement prosthesis is $5,000 less any amount of the national joint replacement register levy that has already been imposed on that sponsor in respect of that joint replacement prosthesis for national joint replacement register levy days in that financial year.
For subparagraph 7 (2) (a) (i) of the Act:
(a) the 15 March last occurring is the census day for the national joint replacement register levy day specified as 30 April in rule 4; and
(b) the 15 September last occurring is the census day for the national joint replacement register levy day specified as 31 October in rule 4.
Note: The national joint replacement register levy is payable on 21 May and 21 November each year - see the
Private Health Insurance (Levy Administration) Rules
All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the
Legislative Instruments Act 2003. See
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
If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.
The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.
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.
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.
If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.
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.
Endnote 8 includes any additional information that may be helpful for a reader of the compilation.
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 = | 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) |
F2011L01881 | 10 September 2011 | ||
F2014L00454 | 30 April 2014 |
Pt 2, par 5(1)(b) s 5A | F2014L00454 ad F2014L00454 |
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