Private Health Insurance (National Joint Replacement Register Levy) Rules 2010

As amended

Made under section 8 of the Private Health Insurance (National Joint Replacement Register Levy) Act 2009.

This compilation was prepared on 12 March 2010 taking into account amendments up to the Private Health Insurance (National Joint Replacement Register Levy) Amendment Rules 2010.

Prepared by the Department of Health and Ageing, Canberra

Contents

Part 1 Preliminary 

1. Name of Rules 

2. Commencement 

3. Definitions 

Part 2 National joint replacement register levy 4

4. National joint replacement register levy days 4

5. Rate of levy 4

6. Census day 4

7. Transitional period 5

Part 1 Preliminary

1.                      Name of Rules

These Rules are the Private Health Insurance (National Joint Replacement Register Levy) Rules 2010.

2.                      Commencement

These Rules commence on the day after the Rules are registered.

3.                      Definitions

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

census day means the day specified in rule 6.

Part 2 National joint replacement register levy

4.                      National joint replacement register levy days

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.

5.                      Rate of levy

(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 –

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.

6.                      Census day

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

7.                      Transitional Rate

(1)          Despite subrule 5(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 the national joint replacement register levy day of 30 April 2010 in respect of each joint replacement prosthesis sponsored by that sponsor as at the census day of 15 March 2010, 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:

where:

n is equal to the total number of joint replacement prostheses sponsored by all sponsors as at the census day of 15 March 2010, 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 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.

Note

The Private Health Insurance (National Joint Replacement Register Levy) Rules 2010 as shown in this compilation are amended as indicated in the tables below.

Table of Instrument

Table of Amendments