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This is a Bill, not an Act. For current law, see the Acts databases.
2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Private Health Insurance (Prostheses
Application and Listing Fees)
Amendment (Cost Recovery) Bill 2022
No. , 2022
(Health and Aged Care)
A Bill for an Act to amend the Private Health
Insurance (Prostheses Application and Listing Fees)
Act 2007, and for related purposes
No. , 2022
Private Health Insurance (Prostheses Application and Listing Fees)
Amendment (Cost Recovery) Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Private Health Insurance (Prostheses Application and Listing Fees)
Act 2007
3
No. , 2022
Private Health Insurance (Prostheses Application and Listing Fees)
Amendment (Cost Recovery) Bill 2022
1
A Bill for an Act to amend the Private Health
1
Insurance (Prostheses Application and Listing Fees)
2
Act 2007, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Private Health Insurance (Prostheses Application
6
and Listing Fees) Amendment (Cost Recovery) Act 2022
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Private Health Insurance (Prostheses Application and Listing Fees)
Amendment (Cost Recovery) Bill 2022
No. , 2022
1
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.
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
2022
.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments
Schedule 1
No. , 2022
Private Health Insurance (Prostheses Application and Listing Fees)
Amendment (Cost Recovery) Bill 2022
3
Schedule 1--Amendments
1
2
Private Health Insurance (Prostheses Application and
3
Listing Fees) Act 2007
4
1 Title
5
Omit "
, as a tax, fees in relation to applications for listing, and
6
listing, of prostheses
", substitute "
levy in relation to listing of
7
medical devices and human tissue products
".
8
2 Section 1
9
Omit "
Prostheses Application and Listing Fees
", substitute "
Medical
10
Devices and Human Tissue Products Levy
".
11
Note:
This item amends the short title of the Act. If another amendment of the Act is
12
described by reference to the Act's previous short title, that other amendment has effect
13
after the commencement of this item as an amendment of the Act under its amended
14
short title (see section 10 of the
Acts Interpretation Act 1901
).
15
3 Sections 3 to 9
16
Repeal the sections, substitute:
17
3 Definitions
18
In this Act:
19
human tissue product
has the same meaning as in the
Private
20
Health Insurance Act 2007
.
21
listed item
means a kind of medical device, or a kind of human
22
tissue product, that is listed in the Private Health Insurance
23
(Medical Devices and Human Tissue Products) Rules made under
24
the
Private Health Insurance Act 2007
.
25
medical device
has the same meaning as in the
Private Health
26
Insurance Act 2007
.
27
Schedule 1
Amendments
4
Private Health Insurance (Prostheses Application and Listing Fees)
Amendment (Cost Recovery) Bill 2022
No. , 2022
4 Imposition of levy
1
(1) Levy is imposed for a financial year in respect of the ongoing
2
listing of each listed item.
3
(2) Levy is imposed on each day specified as a levy imposition day in
4
the Private Health Insurance (Medical Devices and Human Tissue
5
Products Levy) Rules made under section 6.
6
(3) The amount of the levy imposed in respect of the ongoing listing of
7
a listed item is the amount prescribed by the regulations.
8
(4) Before the Governor-General makes regulations for the purposes of
9
subsection (3) prescribing the amount of the levy for a financial
10
year, the Minister must be satisfied that the amount is set at a level
11
that is designed to recover no more than the Commonwealth's
12
likely costs in connection with the ongoing listing of all listed
13
items for that financial year.
14
5 Matters relating to levy
15
(1) The regulations may prescribe different amounts for the purposes
16
of subsection 4(3) for different circumstances.
17
(2) Two or more amounts may be prescribed in relation to a single
18
listed item, and a single amount may be prescribed in relation to 2
19
or more listed items.
20
(3) The regulations may prescribe an amount for the purposes of
21
subsection 4(3) by:
22
(a) specifying an amount; or
23
(b) specifying a method for calculating the amount.
24
(4) The amount of a levy may be nil.
25
(5) The regulations may provide for exemptions from levy.
26
Note:
Other matters relating to the levy, such as who is liable to pay, may be
27
specified in Private Health Insurance (Levy Administration) Rules
28
made under the
Private Health Insurance Act 2007
.
29
Amendments
Schedule 1
No. , 2022
Private Health Insurance (Prostheses Application and Listing Fees)
Amendment (Cost Recovery) Bill 2022
5
6 Private Health Insurance (Medical Devices and Human Tissue
1
Products Levy) Rules
2
The Minister may, by legislative instrument, make Private Health
3
Insurance (Medical Devices and Human Tissue Products Levy)
4
Rules, providing for matters:
5
(a) required or permitted by this Act to be provided; or
6
(b) necessary or convenient to be provided in order to carry out
7
or give effect to this Act.
8
7 Regulations
9
The Governor-General may make regulations prescribing matters:
10
(a) required or permitted by this Act to be prescribed by the
11
regulations; or
12
(b) necessary or convenient to be prescribed for carrying out or
13
giving effect to this Act.
14
4 Application
--financial year
15
Section 4 of the
Private Health Insurance (Medical Devices and Human
16
Tissue Products Levy) Act 2007
as amended by this Schedule applies in
17
relation to the financial year beginning on 1 July 2024 and each later
18
financial year.
19