Private Health Insurance (Prostheses Application and Listing Fees) Amendment (Cost Recovery) Act 2023

Administered by Department of Health, Disability and Ageing

Legislation au C2023A00007 In force Act

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Private Health Insurance (Prostheses Application and Listing Fees) Amendment (Cost Recovery) Act 2023

 

No. 7, 2023

 

 

 

 

 

An Act to amend the Private Health Insurance (Prostheses Application and Listing Fees) Act 2007, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Private Health Insurance (Prostheses Application and Listing Fees) Act 2007

 

 

Private Health Insurance (Prostheses Application and Listing Fees) Amendment (Cost Recovery) Act 2023

No. 7, 2023

 

 

 

An Act to amend the Private Health Insurance (Prostheses Application and Listing Fees) Act 2007, and for related purposes

[Assented to 16 March 2023]

The Parliament of Australia enacts:

1  Short title

  This Act is the Private Health Insurance (Prostheses Application and Listing Fees) Amendment (Cost Recovery) Act 2023.

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.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

16 March 2023

2.  Schedule 1

The later of:

(a) the start of the day after this Act receives the Royal Assent; and

(b) immediately after the commencement of Schedule 2 to the Private Health Insurance Legislation Amendment (Medical Device and Human Tissue Product List and Cost Recovery) Act 2023.

However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.

1 July 2023

(paragraph (b) applies)

Note: This table relates only to the provisions of this Act as originally enacted.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  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

 

Private Health Insurance (Prostheses Application and Listing Fees) Act 2007

1  Title

Omit “, as a tax, fees in relation to applications for listing, and listing, of prostheses”, substitute “levy in relation to listing of medical devices and human tissue products”.

2  Section 1

Omit “Prostheses Application and Listing Fees”, substitute “Medical Devices and Human Tissue Products Levy”.

Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901).

3  Sections 3 to 9

Repeal the sections, substitute:

3  Definitions

  In this Act:

human tissue product has the same meaning as in the Private Health Insurance Act 2007.

listed item means a kind of medical device, or a kind of human tissue product, that is listed in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules made under the Private Health Insurance Act 2007.

medical device has the same meaning as in the Private Health Insurance Act 2007.

4  Imposition of levy

 (1) Levy is imposed for a financial year in respect of the ongoing listing of each listed item.

 (2) Levy is imposed on each day specified as a levy imposition day in the Private Health Insurance (Medical Devices and Human Tissue Products Levy) Rules made under section 6.

 (3) The amount of the levy imposed in respect of the ongoing listing of a listed item is the amount prescribed by the regulations.

 (4) Before the Governor‑General makes regulations for the purposes of subsection (3) prescribing the amount of the levy for a financial year, the Minister must be satisfied that the amount is set at a level that is designed to recover no more than the Commonwealth’s likely costs in connection with the ongoing listing of all listed items for that financial year.

5  Matters relating to levy

 (1) The regulations may prescribe different amounts for the purposes of subsection 4(3) for different circumstances.

 (2) Two or more amounts may be prescribed in relation to a single listed item, and a single amount may be prescribed in relation to 2 or more listed items.

 (3) The regulations may prescribe an amount for the purposes of subsection 4(3) by:

 (a) specifying an amount; or

 (b) specifying a method for calculating the amount.

 (4) The amount of a levy may be nil.

 (5) The regulations may provide for exemptions from levy.

Note: Other matters relating to the levy, such as who is liable to pay, may be specified in Private Health Insurance (Levy Administration) Rules made under the Private Health Insurance Act 2007.

6  Private Health Insurance (Medical Devices and Human Tissue Products Levy) Rules

  The Minister may, by legislative instrument, make Private Health Insurance (Medical Devices and Human Tissue Products Levy) Rules, providing for matters:

 (a) required or permitted by this Act to be provided; or

 (b) necessary or convenient to be provided in order to carry out or give effect to this Act.

7  Regulations

  The Governor‑General may make regulations prescribing matters:

 (a) required or permitted by this Act to be prescribed by the regulations; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

4  Application—financial year

Section 4 of the Private Health Insurance (Medical Devices and Human Tissue Products Levy) Act 2007 as amended by this Schedule applies in relation to the financial year beginning on 1 July 2024 and each later financial year.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 1 December 2022

Senate on 8 February 2023]

(140/22)

 

 

 

Overview

The Private Health Insurance (Prostheses Application and Listing Fees) Amendment (Cost Recovery) Act 2023 was enacted by the Parliament of Australia to amend the Private Health Insurance (Prostheses Application and Listing Fees) Act 2007. The primary aim of this legislation is to establish a levy system for the ongoing listing of medical devices and human tissue products, thereby facilitating cost recovery for the Commonwealth. This amendment seeks to transition from a fee-based system to a levy system, reflecting the broadening scope of items that require oversight and regulation in the private health insurance sector. The Act came into effect on 16 March 2023, with the Schedule 1 amendments taking effect on 1 July 2023, contingent upon the commencement of related provisions in another Act. The policy objective is to ensure that the financial burden associated with the ongoing listing of these products is appropriately managed and recovered through the levy mechanism.

Scope and Application

The Private Health Insurance (Prostheses Application and Listing Fees) Amendment (Cost Recovery) Act 2023 amends the Private Health Insurance (Prostheses Application and Listing Fees) Act 2007 to shift the focus from prostheses to a broader range of medical devices and human tissue products, thereby expanding the scope of the levy. This Act applies to all entities involved in the ongoing listing of medical devices and human tissue products, which includes manufacturers, suppliers, and potentially other stakeholders within the private health insurance framework. The legislation operates nationally across Australia, as it amends Commonwealth-level legislation. Certain exclusions or exemptions from the levy are to be determined through subordinate instruments such as regulations or rules, which may specify conditions under which the levy may be nil or provide for exemptions based on particular circumstances. The amended Act and its provisions commence on 1 July 2023, contingent on the commencement of related legislation.

Key Provisions

The Private Health Insurance (Prostheses Application and Listing Fees) Amendment (Cost Recovery) Act 2023 (C2023A00007) amends the Private Health Insurance (Prostheses Application and Listing Fees) Act 2007. The key sections of the amending Act include the substitution of terms and definitions, the imposition of a levy, and the creation of rules and regulations for levy administration. Section 1 of the amending Act changes the title of the 2007 Act to reflect the broader scope of the levy, now covering medical devices and human tissue products. The definitions in section 3 clarify that "medical device" and "human tissue product" have the same meanings as in the Private Health Insurance Act 2007, and "listed item" refers to devices or products listed in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules. Section 4 outlines the imposition of the levy, specifying that it applies for each financial year and that the amount is set to recover no more than the Commonwealth's costs for ongoing listing of these items. The Act imposes several obligations on the parties involved. Firstly, the Minister must ensure that the levy amount is set to recover only the Commonwealth's costs for the financial year, as stipulated in section 4(2). The Minister may also make rules under section 6, which can include provisions for the levy imposition days, methods for calculating the levy amount, and exemptions from the levy. The Governor-General has the authority to make regulations under section 7, which can prescribe matters such as the amount of the levy, methods for calculating it, and exemptions. These rules and regulations must be consistent with the provisions of the Act and serve to facilitate its implementation and enforcement. There are potential consequences for non-compliance with the Act, although specific offences and penalties are not detailed in the provided text. Typically, breaches of legislative requirements can lead to civil or criminal penalties depending on the nature of the breach. For example, failing to comply with regulations or rules made under the Act could result in fines or other civil penalties. More serious breaches might attract criminal penalties, including imprisonment, depending on the severity and intent behind the non-compliance. The precise penalties would be outlined in the relevant rules and regulations made under the authority of this Act.

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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.