EXPLANATORY STATEMENT
Issued by the authority of the Minister for Health and Ageing
Private Health Insurance Act 2007
Private Health Insurance (Medical Devices and Human Tissue Products) Repeal Instrument 2025
Purpose
The purpose of the Private Health Insurance (Medical Devices and Human Tissue Products) Repeal Instrument 2025 (the Repeal Instrument) is to repeal the Private Health Insurance (Medical Devices and Human Tissue Products) Rules 2025 (the Previous Rules) on 1 November 2025. The Previous Rules will be replaced by the Private Health Insurance (Medical Devices and Human Tissue Products) Rules (No. 2) 2025 (the New Rules) on 1 November 2025.
The New Rules update the list of medical devices and human tissue products for which a benefit must be paid, where the listed item is provided in the conditions and circumstances specified in the Private Health Insurance Act 2007 (the Act). The New Rules set out the minimum benefit payable for each listed item.
Legislative authority
Item 4 of the Table in section 333-20 of the Act provides that the Minister may make the Medical Devices and Human Tissue Products Rules (the MDHTP Rules), providing for matters required or permitted by Part 3-3 of the Act, or necessary or convenient in order to carry out or give effect to Part 3-3 of the Act.
Reliance on subsection 33(3) of the Acts Interpretation Act 1901
In addition to the power to make this instrument under section 333-20 of the Act, subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Commencement
The Repeal Instrument commences on 1 November 2025.
Consultation
It was not necessary to undertake consultation on the Repeal Instrument as this instrument is necessary to ensure there is only a single set of MDHTP Rules. The Repeal Instrument repeals the Previous Rules so that the New Rules (which have previously been consulted on) can take effect on 1 November 2025 without there being another set of MDHTP Rules on the Federal Register of Legislation.
General
The Repeal Instrument is a legislative instrument for the purposes of the Legislation Act 2003.
Details of the Repeal Instrument is set out in Attachment A.
The Repeal Instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.
ATTACHMENT A
Details of the Private Health Insurance (Medical Devices and Human Tissue Products) Repeal Instrument 2025
Part 1 Preliminary
Section 1 Name
Section 1 provides that the name of the instrument is the Private Health Insurance (Medical Devices and Human Tissue Products) Repeal Instrument 2025.
Section 2 Commencement
Section 2 provides that the instrument commences on 1 November 2025. This commencement aligns with the commencement of the Private Health Insurance (Medical Devices and Human Tissue Products) Rules (No. 2) 2025 (i.e. New Rules). This instrument is intended to ensure that there is, on 1 November 2025, a single set of Medical Devices and Human Tissue Products Rules on the Federal Register of Legislation.
Section 3 Authority
Section 3 provides that the instrument is made under item 4 of the Table in section 333‑20 of the Private Health Insurance Act 2007.
Section 4 Schedules
Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 – Repeals
This schedule lists the Private Health Insurance (Medical Devices and Human Tissue Products) Rules 2025 (i.e. the Previous Rules) as the sole legislative instrument to be repealed by this instrument.
ATTACHMENT B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Private Health Insurance (Medical Devices and Human Tissue Products) Repeal Instrument 2025
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The purpose of the Private Health Insurance (Medical Devices and Human Tissue Products) Repeal Instrument 2025 (the Repeal Instrument) is to repeal the Private Health Insurance (Medical Devices and Human Tissue Products) Rules 2025 (the Previous Rules) on 1 November 2025. The Previous Rules will be replaced by the Private Health Insurance (Medical Devices and Human Tissue Products) Rules (No. 2) 2025 (the New Rules) from 1 November 2025.
Human rights implications
The Repeal Instrument repeals the Previous Rules and is made to ensure there is a single set of Medical Devices and Human Tissue Products Rules on the Federal Register of Legislation from 1 November 2025. The human rights implications of the 1 November 2025 changes to the Medical Devices and Human Tissue Products Rules and the compatibility of those changes with human rights is outlined in the Statement of Compatibility with Human Rights for the New Rules.
Conclusion
The Repeal Instrument is compatible with human rights.
Avi Rebera
Assistant Secretary
Medical Services and Devices Assessment Branch
Technology Assessment and Access Division
Health Resourcing Group
Department of Health, Disability and Ageing