Private Health Insurance (National Joint Replacement Register Levy) Rules 2011

as amended

made under section 8 of the

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

Compilation start date:  30 April 2014

Includes amendments up to: Private Health Insurance (National Joint Replacement Register Levy) Amendment Rules 2014 (No. 1)

About this compilation

This compilation

This is a compilation of the Private Health Insurance (National Joint Replacement Register Levy) Rules 2011 as in force on 30 April 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 16 February 2015.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1 Preliminary

1. Name of Rules

2. Commencement and Revocation

3. Definitions

Part 2 National joint replacement register levy

4. National joint replacement register levy days

5. Rate of levy

6. Census day

Part 1 Preliminary

1.                      Name of Rules

These Rules are the Private Health Insurance (National Joint Replacement Register Levy) Rules 2011.

2.                      Commencement and Revocation

(1)    These Rules commence on the day after the Rules are registered.

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

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.

5A.  Rate of levy – 30 April 2014 levy day

(1)  Despite rule 5, 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 2014 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 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 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

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote 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 the compiled law. The information includes commencement information for amending laws and details of 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 level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law, but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]