PRIVATE HEALTH INSURANCE (COUNCIL ADMINISTRATION LEVY) ACT 2003
No. 72, 2003

Long Title
Private Health Insurance (Council Administration Levy) Act 2003
No. 72, 2003
An Act to impose a levy to be known as the Council administration levy on registered health benefits organizations, and for related purposes

Making Information
Private Health Insurance (Council Administration Levy) Act 2003
No. 72, 2003
An Act to impose a levy to be known as the Council administration levy on registered health benefits organizations, and for related purposes
[Assented to 15 July 2003]
The Parliament of Australia enacts: PRIVATE HEALTH INSURANCE (COUNCIL ADMINISTRATION LEVY) ACT 2003
No. 72, 2003
- SECT 1
Short title

This Act may be cited as the Private Health Insurance (Council Administration Levy) Act 2003.
PRIVATE HEALTH INSURANCE (COUNCIL ADMINISTRATION LEVY) ACT 2003
No. 72, 2003
- SECT 2
Commencement
This Act commences on 1 July 2004.
PRIVATE HEALTH INSURANCE (COUNCIL ADMINISTRATION LEVY) ACT 2003
No. 72, 2003
- SECT 3
Crown to be bound
This Act binds the Crown in each of its capacities.
PRIVATE HEALTH INSURANCE (COUNCIL ADMINISTRATION LEVY) ACT 2003
No. 72, 2003
- SECT 4
Extension of Act to external Territories
This Act extends to the Territory of Cocos (Keeling) Islands and to the Territory of Christmas Island.
PRIVATE HEALTH INSURANCE (COUNCIL ADMINISTRATION LEVY) ACT 2003
No. 72, 2003
- SECT 5
Definitions
In this Act, unless the contrary intention appears:
Council has the same meaning as in the National Health Act. Council administration levy means a Council administration levy imposed under section 6.
Council administration levy day means a Council administration levy day specified in the regulations made for the purposes of section 6.
National Health Act means the National Health Act 1953.
registered health benefits organization has the same meaning as in the National Health Act.
supplementary Council administration levy day means a supplementary Council administration levy day specified in a determination by the Minister under section 6.

PRIVATE HEALTH INSURANCE (COUNCIL ADMINISTRATION LEVY) ACT 2003
No. 72, 2003
- SECT 6
Imposition of Council administration levy

(1)
Council administration levy is imposed on each registered health benefits organization:

(a) on each day specified in the regulations as a Council administration levy day for a financial year; and
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(b) on each day (if any) determined in writing by the Minister as a supplementary Council administration levy day for a financial year.
(2)
The regulations must not specify more than 4 levy days for a financial year.
(3)
The determination by the Minister must not specify more than 2 supplementary levy days for a financial year.

(4)
A determination under paragraph (1)(b) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

PRIVATE HEALTH INSURANCE (COUNCIL ADMINISTRATION LEVY) ACT 2003
No. 72, 2003
- SECT 7
Rate of Council administration levy

(1)
The rate of Council administration levy imposed on a particular day is worked out using the following table:

Rate of Council administration levy
Item
The rate of levy imposed on a...
is the rate that...
1
Council administration levy day
(a) is specified in the regulations; and
(b) applies on that day.
2
supplementary Council administration levy day
(a) is determined in writing by the Minister; and
(b) applies on that day.

(2)
The rate of levy:

(a) must be based on the number of contributors who contribute to the health benefits fund conducted by the registered health benefits organization on:
(i) for levy imposed on a Council administration levy day—the day specified in the regulations as the census day for the levy day; or
(ii) for levy imposed on a supplementary Council administration levy day—the day determined in writing by the Minister as the census day for the supplementary levy day; and
(b) may be different for:
(i) contributors who contribute in respect of one person to the health benefits fund conducted by the organization; and
(ii) contributors who contribute in respect of more than one person to the health benefits fund conducted by the organization; and
(c) may be set at zero but must not exceed:
(i) for contributors who contribute in respect of one person to the health benefits fund conducted by the organization—a total of $2.00 for a financial year; and
(ii) for contributors who contribute in respect of more than one person to the health benefits fund conducted by the organization—a total of $4.00 for a financial year.
(3)
A determination under item 2 of the table in subsection (1) or subparagraph (2)(a)(ii) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

PRIVATE HEALTH INSURANCE (COUNCIL ADMINISTRATION LEVY) ACT 2003
No. 72, 2003
- SECT 8
Minister to obtain advice from Council
Before making a determination under section 6, item 2 of the table in subsection 7(1) or subparagraph 7(2)(a)(ii), the Minister must obtain, and take into account, advice from the Council in relation to the following matters:
(a) whether to make a determination under section 6;
(b) the day that is to be, or the days that are to be, specified as the supplementary Council administration levy day or days for a financial year;
(c) the rate that is to be specified as the rate of Council administration levy imposed on the supplementary Council administration levy day or days;
(d) the day that is to be, or the days that are to be, specified as the census day or days for the supplementary Council administration levy day or days. PRIVATE HEALTH INSURANCE (COUNCIL ADMINISTRATION LEVY) ACT 2003
No. 72, 2003
- SECT 9
Validation of Council administration levy

(1)
This section applies to each amount that the Council purported before 1 July 2004 to impose as levy on a registered organization on a particular date under subparagraph 82G(1)(h)(i) of the National Health Act.
(2)
By force of this section, Council administration validation levy of an equal amount is taken to have been imposed on the organization on that date.
(3)
The amount of Council administration validation levy for which the organization is liable is:

(a) reduced by the sum of the amounts the organization paid on account of the levy the Council purported to impose under subparagraph 82G(1)(h)(i) of the National Health Act; and
(b) increased by so much of the sum of those amounts as the organization recovers from the Council.
(4)
Amounts paid by an organization on account of levies that the Council purported to impose under subparagraph 82G(1)(h)(i) of the National Health Act are taken to be applied to the Council administration validation levies in the order in which the Council purported to impose the levies.

PRIVATE HEALTH INSURANCE (COUNCIL ADMINISTRATION LEVY) ACT 2003
No. 72, 2003
- SECT 10
Regulations

(1)
The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2)
Before the Governor-General makes regulations under subsection (1), the Minister must take into consideration any relevant recommendation made to the Minister by the Council.

Note
[Minister's second reading speech made in—
House of Representatives on 26 March 2003
Senate on 23 June 2003]
(35/03)