Private Health Insurance (National Joint Replacement Register Levy) Amendment Act 2025

Administered by Department of Health, Disability and Ageing

Legislation au C2025A00055 In force Act

Legislation content

 

 

 

 

 

 

Private Health Insurance (National Joint Replacement Register Levy) Amendment Act 2025

No. 55, 2025

 

 

 

 

 

An Act to amend the Private Health Insurance (National Joint Replacement Register Levy) Act 2009, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Part 1—Amendments

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

Part 2—Application of amendments and validation of payment of certain levies

 

 

 

Private Health Insurance (National Joint Replacement Register Levy) Amendment Act 2025

No. 55, 2025

 

 

 

An Act to amend the Private Health Insurance (National Joint Replacement Register Levy) Act 2009, and for related purposes

[Assented to 4 November 2025]

The Parliament of Australia enacts:

1  Short title

  This Act is the Private Health Insurance (National Joint Replacement Register Levy) Amendment Act 2025.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

The 14th day after this Act receives the Royal Assent.

18 November 2025

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Part 1—Amendments

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

1  Subsection 5(1) (definition of Private Health Insurance (Medical Devices and Human Tissue Products) Rules)

Repeal the definition, substitute:

Private Health Insurance (Medical Devices and Human Tissue Products) Rules means the Private Health Insurance (Medical Devices and Human Tissue Products) Rules made for the purposes of item 4 of the table in subsection 333‑20(1) of the Private Health Insurance Act 2007.

2  Subsection 5(1) (definition of sponsor)

Repeal the definition.

3  Subsection 5(2)

Repeal the subsection.

4  Section 7A

Omit “sponsor of”, substitute “person specified by the Private Health Insurance (National Joint Replacement Register Levy) Rules for”.

Part 2—Application of amendments and validation of payment of certain levies

5  Application of amendments

The amendments made by Part 1 of this Schedule apply in relation to national joint replacement register levy that is imposed on a day that occurs on or after the commencement of this Schedule, whether the calculation of the rate of the levy is by reference to matters occurring before, on or after that commencement.

6  Validation of payment of certain levies

Validation of payment of certain levies imposed before 1 July 2023

(1) If:

 (a) before 1 July 2023, national joint replacement register levy was imposed on a particular day (the imposition day) in relation to a joint replacement prosthesis (within the meaning of the Private Health Insurance (National Joint Replacement Register Levy) Act 2009, as in force on the imposition day); and

 (b) the levy was paid by a person who:

 (i) was not the sponsor (within the meaning of the Private Health Insurance (National Joint Replacement Register Levy) Act 2009, as in force on the imposition day) of the prosthesis; but

 (ii) was the person mentioned for the prosthesis in the Prostheses List Rules, as in force on the imposition day;

the Private Health Insurance (National Joint Replacement Register Levy) Act 2009 has effect, and is taken always to have had effect, as if that person had been the sponsor of the prosthesis on the imposition day.

Validation of payment of certain levies imposed on or after 1 July 2023

(2) If:

 (a) on or after 1 July 2023 and before the commencement of this Schedule, national joint replacement register levy was imposed on a particular day (the imposition day) in relation to a joint replacement device; and

 (b) the levy was paid by a person who:

 (i) was not the sponsor (within the meaning of the Private Health Insurance (National Joint Replacement Register Levy) Act 2009, as in force on the imposition day) of the device; but

 (ii) was the person mentioned for the device in Schedule 1 to the Private Health Insurance (Medical Devices and Human Tissue Products) Rules, as in force on the imposition day;

the Private Health Insurance (National Joint Replacement Register Levy) Act 2009 has effect, and is taken always to have had effect, as if that person had been the sponsor of the device on the imposition day.

Definition

(3) In this item:

Prostheses List Rules means the Private Health Insurance (Prostheses) Rules made before 1 July 2023 for the purposes of item 4 of the table in subsection 333‑20(1) of the Private Health Insurance Act 2007, as in force before that day.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 4 September 2025

Senate on 27 October 2025]

 

 

(62/25)

 

Overview

The Private Health Insurance (National Joint Replacement Register Levy) Amendment Act 2025 was enacted by the Parliament of Australia to amend the Private Health Insurance (National Joint Replacement Register Levy) Act 2009. The Act addresses gaps in the existing legislative framework by updating the definitions and obligations related to the levy imposed on joint replacement devices. It ensures the continued effectiveness of the national joint replacement register by clarifying the roles and responsibilities of those liable for the levy. The policy objective of the Act is to maintain the integrity and functionality of the national joint replacement register, thereby enhancing the quality of care and data collection for patients undergoing joint replacement procedures. The Act introduces several amendments to the 2009 Act, including the repeal and substitution of definitions related to the rules governing medical devices and human tissue products. It also modifies the definition of a sponsor and adjusts the obligations associated with the levy. The amendments apply to levies imposed on or after the commencement of the Act, while provisions for the validation of levies paid before the Act's commencement ensure the continuity of the register's operation. This legislative update aims to streamline the regulatory environment and address any ambiguities that may have arisen in the enforcement of the levy.

Scope and Application

The Private Health Insurance (National Joint Replacement Register Levy) Amendment Act 2025 amends the Private Health Insurance (National Joint Replacement Register Levy) Act 2009, introducing changes that will apply to the levy imposed on national joint replacement register activities occurring on or after the commencement date of this amendment act, regardless of when the underlying levy calculation events transpired. This amendment applies to persons who are specified by the Private Health Insurance (National Joint Replacement Register Levy) Rules, rather than to sponsors of joint replacement prostheses as previously defined. The Act operates across the Commonwealth of Australia and is not limited to specific states or territories. The amendments are designed to refine the definition and application of the levy, ensuring that the correct entities bear the responsibility for the levy. Notably, the Act includes provisions that validate the payment of certain levies imposed before and after 1 July 2023, ensuring that payments made by the correct entities are recognised as if they were made by the sponsor, even if the payer was not the sponsor at the time of levy imposition.

Key Provisions

The Private Health Insurance (National Joint Replacement Register Levy) Amendment Act 2025 (C2025A00055) amends the Private Health Insurance (National Joint Replacement Register Levy) Act 2009. The amendments, detailed in Schedule 1, include changes to definitions and the removal of certain subsections. Specifically, the definition of "Private Health Insurance (Medical Devices and Human Tissue Products) Rules" is updated to reflect the Private Health Insurance Act 2007. Additionally, the definition of "sponsor" and subsection 5(2) are repealed. Furthermore, the term "sponsor of" in section 7A is replaced with "person specified by the Private Health Insurance (National Joint Replacement Register Levy) Rules for". These changes apply to levies imposed on or after the commencement date of the amendment, which is 18 November 2025. The obligations under this Act primarily involve ensuring that the definitions and rules pertaining to the national joint replacement register levy are updated in accordance with the legislative amendments. The Act mandates that the updated definitions and rules be applied to levies imposed on or after its commencement date. For instance, entities responsible for imposing the levy must now refer to the Private Health Insurance (National Joint Replacement Register Levy) Rules when determining who is liable for the levy. This change necessitates that these entities review and update their internal policies and procedures to align with the new legislative requirements. Breaches of the requirements set out in this Act may result in civil or criminal consequences, although the specific penalties are not detailed within the Act itself. However, given the nature of tax and regulatory compliance, penalties could potentially include fines, legal action, or other enforcement measures as prescribed by the relevant authorities. The exact penalties would depend on the specific breach and the jurisdiction's laws in place at the time of the offence. It is essential for entities subject to this Act to ensure full compliance to avoid any potential repercussions.

Legal classification tags

Area of Law
Taxation Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Validation of payment of certain levies

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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.