Private Health Insurance (National Joint Replacement Register Levy) Rules 2010
I, NICOLA ROXON, Minister for Health and Ageing, make these Rules under section 8 of the Private Health Insurance (National Joint Replacement Register Levy) Act 2009.
Dated      8 February 2010  
 
 Nicola Roxon
____________________________________
 
Minister for Health and Ageing
 
 
Contents
 
 
Part 1                   Preliminary                                                                                         3
1.           Name of Rules                                                                                      3
2.           Commencement                                                                                   3
3.           Definitions                                                                                            3
Part 2                   National joint replacement register levy                                            3
4.           National joint replacement register levy days                                           3
5.           Rate of levy                                                                                          3
6.           Census day                                                                                          3
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)      Subject to subrule (2), 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 the rate in dollars calculated using the formula―

800,000

n

where:
n is equal to the total number of joint replacement prostheses sponsored by all sponsors as at the most recent census day.
(2)      If the application of the formula in subrule (1) 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), and subject to subrule 7(2), 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 the rate in dollars calculated using the formula―

1,600,000

n

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.
 
(2) If the application of the formula in subrule (1) 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.