Private Health Insurance (Levy Administration) Rules 2015

Administered by Department of Health, Disability and Ageing

Legislation au F2015L01056 Rules Not in force Legislative Instrument

Legislation content

Private Health Insurance (Levy Administration) Rules 2015

made under item 14 of the table to section 333-20 of the

Private Health Insurance Act 2007

Compilation No. 2

Compilation date: 12 March 2025

Includes amendments: F2025L00319

About this compilation

This compilation

This is a compilation of the Private Health Insurance (Levy Administration) Rules 2015 that shows the text of the law as amended and in force on 12 March 2025 (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 (www.legislation.gov.au). 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

1. Name of Rules

4. Authority

5. Definitions

6. Complaints levy

7. Risk equalisation levy

8. Rate of late payment penalty

9. National joint replacement register levy

10. Medical devices and human tissue products levy

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1. Name of Rules

These Rules are the Private Health Insurance (Levy Administration) Rules 2015.

4. Authority

These Rules are made under the Private Health Insurance Act 2007.

5. Definitions

In these Rules:

Act means the Private Health Insurance Act 2007.

listed item has the same meaning as in the Private Health Insurance (Medical Devices and Human Tissue Products Levy) Act 2007.

medical devices and human tissue products levy imposition day means a levy imposition day specified for the purposes of subsection 6(2) of the Private Health Insurance (Medical Devices and Human Tissue Products Levy) Act 2007 in the Private Health Insurance (Medical Devices and Human Tissue Products Levy) Rules 2025.

Private Health Insurance (Medical Devices and Human Tissue Products) Rules means the rules referred to in item 4 of the table in subsection 333-20(1) of the Act.

Note:  Where an expression that is used in these Rules is defined for the purposes of the Act, it has the same meaning in these Rules as it has in the Act. Expressions used in these Rules that are defined in the Act include the following:

 complaints levy;

 late payment penalty;

 medical devices and human tissue products levy;

 national joint replacement register levy;

 risk equalisation levy.

6. Complaints levy

For paragraph 307-1 (1) (b) of the Act, the payment day for complaints levy imposed on a day (the imposition day) under section 5 of the Private Health Insurance (Complaints Levy) Act 1995 is 31 December each year.

7. Risk equalisation levy

For paragraph 307-1 (1) (b) of the Act, the payment day for risk equalisation levy imposed on a day (the imposition day) under section 6 of the Private Health Insurance (Risk Equalisation Levy) Act 2003 is 14 days after the imposition day.

Note: The imposition day for the risk equalisation levy is the 21st day of the second month of each quarter ending on the last day of March, June, September or December in a financial year.

8. Rate of late payment penalty

For paragraph 307-5 (2) (a) of the Act, the rate of late payment penalty is specified as 15% per year.

9. National joint replacement register levy

For paragraph 307-1 (1) (b) of the Act, the payment day for national joint replacement register levy imposed on a day (the imposition day) under paragraph 6 (1) (a) of the Private Health Insurance (National Joint Replacement Register Levy) Act 2009 is 21 days after the imposition day.

Note:  The Private Health Insurance (National Joint Replacement Register Levy) Rule 2015 specifies the national joint replacement register levy imposition day.

10. Medical devices and human tissue products levy

(1) For subsection 307-30(2) of the Act, medical devices and human tissue products levy imposed for a financial year in relation to a listed item is payable by the person mentioned for the listed item in Schedule 1 to the Private Health Insurance (Medical Devices and Human Tissue Products) Rules in force on the medical devices and human tissue products levy imposition day in respect of that financial year.

(2) For paragraph 307-1(1)(b) of the Act, the payment day for medical devices and human tissue products levy imposed on a medical devices and human tissue products levy imposition day (the imposition day) is 28 days from the imposition day.

Note: The Private Health Insurance (Medical Devices and Human Tissue Products Levy) Rules 2025 specify the medical devices and human tissue products levy imposition day.

Endnotes

Endnote 1—About 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 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

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

renum = renumbered

effect

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

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Private Health Insurance (Levy Administration) Rules 2015

30 June 2015

F2015L01056

1 July 2015

 

Private Health Insurance Legislation Amendment (National Joint Replacement Register Levy—Consequential Amendments) Rule 2015

29 October 2015

F2015L01716

30 October 2015

 

Private Health Insurance (Levy Administration) Amendment Rules 2025

11 March 2025

F2025L00319

12 March 2025

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 3.....................

rep LA s 48C

s 5.....................

am F2025L00319

s 9.....................

am F2015L01716; F2025L00319

s 10....................

ad F2025L00319

 

 

Overview

The Private Health Insurance (Levy Administration) Rules 2015 were enacted to provide a comprehensive framework for the administration of various levies associated with private health insurance, thereby ensuring compliance with the requirements stipulated in the Private Health Insurance Act 2007. These rules were formulated under the authority of the Act and are designed to streamline the administrative processes related to different types of levies, including the complaints levy, risk equalisation levy, national joint replacement register levy, and medical devices and human tissue products levy. By setting specific payment dates and penalty rates, the rules aim to facilitate timely and accurate levy payments, thereby supporting the broader objectives of the Private Health Insurance Act 2007 in regulating the private health insurance industry. The Private Health Insurance (Levy Administration) Rules 2015 were made by the Parliament of Australia and are intended to address the need for a structured and efficient system for levy administration within the private health insurance sector. The policy objective of these rules is to ensure that all levies are collected in a timely manner, thus maintaining the financial stability and operational efficiency of the private health insurance system. The rules outline the payment deadlines for each levy type and specify the rate of late payment penalties, thereby providing clarity and consistency in levy administration.

Scope and Application

The Private Health Insurance (Levy Administration) Rules 2015 apply to the administration of various levies under the Private Health Insurance Act 2007, impacting entities such as health insurers, medical device manufacturers, and human tissue product providers. These Rules establish the payment dates and penalties for different levies, including the complaints levy, risk equalisation levy, national joint replacement register levy, and medical devices and human tissue products levy. The geographic reach of these Rules is national, as they are made under the Commonwealth's Private Health Insurance Act 2007. The Rules provide specific dates by which these levies must be paid and set the rate of late payment penalties. Certain levies are subject to specific rules outlined in other subordinate legislation, such as the Private Health Insurance (Medical Devices and Human Tissue Products Levy) Rules 2025, which specify the levy imposition day for medical devices and human tissue products. These Rules do not explicitly state exclusions or exemptions but are subject to the overarching provisions of the Private Health Insurance Act 2007 and related Acts.

Key Provisions

The Private Health Insurance (Levy Administration) Rules 2015 provide the administrative framework for various levies imposed under the Private Health Insurance Act 2007. Section 6 of the Rules specifies that the complaints levy payment day is 31 December each year. Similarly, section 7 outlines that the risk equalisation levy is due 14 days after the imposition day. These provisions are critical for ensuring that the levies are collected on a timely basis, as specified by the relevant primary legislation. Section 8 sets the rate of late payment penalty at 15% per year, which serves as an incentive for timely compliance. Section 9 specifies that the national joint replacement register levy is payable 21 days after the imposition day, while section 10 details that the medical devices and human tissue products levy must be paid within 28 days of the levy imposition day. The obligations imposed by these Rules on the entities subject to the various levies are primarily administrative in nature. Entities must ensure that all levies are calculated correctly, and payments are made by the specified due dates. For instance, section 6 requires entities to pay the complaints levy by 31 December each year, while section 7 mandates that the risk equalisation levy be paid within 14 days of the levy imposition day. Section 9 imposes a late payment penalty of 15% per year on overdue levies, thereby incentivising timely payment. Section 10 sets out that the medical devices and human tissue products levy must be settled within 28 days of the levy imposition day, as specified in the Private Health Insurance (Medical Devices and Human Tissue Products Levy) Rules 2025. Failure to comply with the obligations and requirements set out in these Rules can result in significant consequences. For instance, entities that fail to pay the relevant levies by the specified due dates may incur late payment penalties as outlined in section 8. The penalties serve as a deterrent to non-compliance and ensure that the levies are collected in a timely manner. Additionally, ongoing non-compliance could lead to further enforcement actions, including potential legal proceedings. The precise nature and severity of the penalties are dictated by the terms of the primary legislation, which provides for both civil and criminal sanctions where appropriate.

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Health Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.