Medicare Levy Amendment Act 1989
No. 137 of 1989
An Act to amend the Medicare Levy Act 1986, and for related purposes
[Assented to 23 November 1989]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title etc.
1. (1) This Act may be cited as the Medicare Levy Amendment Act 1989.
(2) In this Act, “Principal Act” means the Medicare Levy Act 19861.
Commencement
2. This Act commences on the day on which it receives the Royal Assent.
Amendment of Principal Act
3. The Principal Act is amended as set out in the Schedule.
Application of threshold amendments
4. The amendments of sections 7 and 8 of the Principal Act made by this Act do not apply for a financial year earlier than the financial year commencing on 1 July 1989.
SCHEDULE Section 3
AMENDMENT OF PRINCIPAL ACT
Subsections 7 (1) and (2):
Omit “$9,560”, substitute “$10,330”.
Subsection 7 (2):
Omit “$10,197”, substitute “$11,018”.
Subsection 8 (5):
Omit “$16,110”, substitute “$17,400”.
Subsection 8 (6):
Omit “$16,110”, substitute “$17,400”.
Paragraph 11 (a):
Omit “1988”, substitute “1989”.
NOTE
1. No. 110, 1986, as amended. For previous amendments, see No. 110, 1987; and No. 93, 1988.
[Minister’s second reading speech made in—
House of Representatives on 6 September 1989
Senate on 26 October 1989]
Overview
The Medicare Levy Amendment Act 1989, enacted by the Parliament of Australia, amends the Medicare Levy Act 1986 to update the income thresholds for the Medicare Levy and the Medicare Levy Surcharge. This legislative amendment was introduced to address the need for regular updates to income thresholds to reflect changes in the economic conditions and to ensure that the Medicare system remains financially sustainable and equitable. The policy objective of the Act is to maintain the integrity of the Medicare system by adjusting the thresholds in line with inflation and other economic factors, thereby ensuring that individuals contributing to the system do so based on current income levels. The Act commenced on the day it received the Royal Assent, which was on 23 November 1989, and the amendments to the income thresholds apply from the financial year commencing on 1 July 1989.
Scope and Application
The Medicare Levy Amendment Act 1989 amends the Medicare Levy Act 1986 to adjust certain thresholds related to the Medicare Levy for the financial year commencing on 1 July 1989. This Act applies to individuals who are subject to the Medicare Levy and to entities that may be liable for the Levy under the Principal Act. The geographic and jurisdictional reach of this Act is national, applying across the Commonwealth of Australia. The amendments made by this Act to the Principal Act concern changes to income thresholds that determine the applicability and rate of the Medicare Levy. Notably, this Act does not apply to financial years prior to 1 July 1989, and the adjustments to thresholds are specified in the Schedule to the Act. The Act does not explicitly state any exclusions or exemptions, but the amendments are confined to the financial year mentioned, and the application of these amendments is limited by the specified date. The Act's provisions extend to modifying certain sections of the Principal Act, but any further extension or restriction of its application would be through subordinate instruments, which are not detailed within the provided text.
Key Provisions
The Medicare Levy Amendment Act 1989 amends the Medicare Levy Act 1986. It specifically updates certain monetary thresholds within the Principal Act, which directly affect the income levels at which individuals are liable to pay the Medicare Levy. For instance, Section 7, Subsections (1) and (2), adjust the lower income threshold for levy liability from $9,560 to $10,330, while Subsection (2) raises the higher threshold from $10,197 to $11,018 (Section 3 of the Schedule). Additionally, Section 8, Subsections (5) and (6), increase the income threshold for the higher Medicare Levy from $16,110 to $17,400 (Section 3 of the Schedule). These amendments apply from the financial year commencing on 1 July 1989, as stated in Section 4 of the Act.
The Act imposes specific obligations on individuals and entities governed by the Medicare Levy provisions. Primarily, it mandates that taxpayers with incomes above the specified thresholds are liable for the Medicare Levy. The updated thresholds mean that more individuals will be subject to the levy, thereby affecting their tax obligations and potentially their financial planning. The Act also requires that employers and other payers of wages and salaries must correctly calculate the Medicare Levy based on these updated thresholds, ensuring compliance with the legislative requirements. This places a responsibility on employers to accurately determine levy liability for their employees and remit the correct amount of levy to the Australian Taxation Office.
Failure to comply with the requirements of the Medicare Levy Amendment Act 1989 can result in serious consequences. The Principal Act, the Medicare Levy Act 1986, includes provisions for penalties and enforcement actions for non-compliance. For instance, individuals who fail to pay the correct amount of Medicare Levy may face civil penalties, including fines. Employers who do not remit the correct levy amounts may also face penalties, including financial penalties and potential criminal charges for wilful default. The precise penalties and enforcement measures are detailed within the Medicare Levy Act 1986, which remains the governing legislation for these aspects.