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Private Health Insurance (Council Administration Levy) Amendment Act 2007

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Private Health Insurance (Council Administration Levy) Amendment Act 2007
 
No. 36, 2007
 
 
 
 
 
An Act to amend the Private Health Insurance (Council Administration Levy) Act 2003, and for related purposes
  
  
Contents
1............ Short title............................................................................................ 1
2............ Commencement.................................................................................. 2
3............ Schedule(s).......................................................................................... 2
Schedule 1—Amendments                                                                                                 3
Private Health Insurance (Council Administration Levy) Act 2003                 3
 

 
 
Private Health Insurance (Council Administration Levy) Amendment Act 2007
No. 36, 2007
 
 
 
An Act to amend the Private Health Insurance (Council Administration Levy) Act 2003, and for related purposes
[Assented to 30 March 2007]
The Parliament of Australia enacts:
1  Short title
                   This Act may be cited as the Private Health Insurance (Council Administration Levy) Amendment Act 2007.
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

Provision(s)
Commencement
Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table
The day on which this Act receives the Royal Assent.
30 March 2007

2.  Schedule 1
1 April 2007.
1 April 2007

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3  Schedule(s)
                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 (Council Administration Levy) Act 2003
1  Title
Omit “registered health benefits organizations”, substitute “private health insurers”.
2  Section 5
Insert:
complying health insurance policy has the same meaning as in the Private Health Insurance Act 2007.
3  Section 5 (definition of Council)
Omit “National Health Act”, substitute “Private Health Insurance Act 2007”.
4  Section 5 (definition of Council administration levy day)
Omit “the regulations”, substitute “Private Health Insurance (Council Administration Levy) Rules”.
5  Section 5 (definition of National Health Act)
Repeal the definition.
6  Section 5
Insert:
private health insurer has the same meaning as in the Private Health Insurance Act 2007.
7  Section 5 (definition of registered health benefits organization)
Repeal the definition.
8  Subsection 6(1)
Omit “registered health benefits organization”, substitute “private health insurer”.
9  Paragraph 6(1)(a)
Omit “in the regulations”, substitute “in the Private Health Insurance (Council Administration Levy) Rules”.
10  Paragraph 6(1)(b)
Omit “in writing by the Minister”, substitute “by the Minister, by legislative instrument,”.
11  Subsection 6(2)
Omit “regulations”, substitute “Private Health Insurance (Council Administration Levy) Rules”.
12  Subsection 6(4)
Repeal the subsection.
13  Subsection 7(1) (table item 1)
Omit “in the regulations”, substitute “in the Private Health Insurance (Council Administration Levy) Rules”.
14  Subsection 7(1) (table item 2)
Omit “in writing by the Minister”, substitute “by the Minister by legislative instrument”.
15  Subsection 7(2)
Repeal the subsection, substitute:
             (2)  The rate of levy:
                     (a)  must be based on the number of complying health insurance policies on issue on:
                              (i)  for levy imposed on a Council administration levy day—the day specified in the Private Health Insurance (Council Administration Levy) Rules as the census day for the levy day; and
                             (ii)  for levy imposed on a supplementary Council administration levy day—the day determined by the Minister, by legislative instrument, as the census day for the levy day; and
                     (b)  may be different for complying health insurance policies under which different numbers of people are insured; and
                     (c)  may be set at zero; and
                     (d)  must not exceed:
                              (i)  for complying health insurance policies under which only one person is insured—$2 for a financial year; and
                             (ii)  otherwise—$4 for a financial year.
16  Subsection 7(3)
Repeal the subsection.
17  After section 9
Insert:
9A  Private Health Insurance (Council Administration Levy) Rules
                   The Minister may, by legislative instrument, make Private Health Insurance (Council Administration 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.
18  Transitional provision
(1)        The total amount of levy imposed on a private health insurer under the Private Health Insurance (Council Administration Levy) Act 2003 for the financial year ending on 30 June 2007 must not exceed:
                     (a)  for insurance policies under which only one person is insured—$2; and
                     (b)  otherwise—$4.
(2)        The total number of days in respect of which levy is imposed under the Private Health Insurance (Council Administration Levy) Act 2003 for the financial year ending on 30 June 2007 must not exceed 6 days.
 
 [Minister’s second reading speech made in—
House of Representatives on 7 December 2006
Senate on 26 February 2007]
(187/06)