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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Private
Health Insurance (ACAC Review Levy) Bill
2003
No. ,
2003
(Health and
Ageing)
A Bill for an Act to impose a levy
to be known as the ACAC review levy on registered health benefits organizations,
and for related purposes
Contents
A Bill for an Act to impose a levy to be known as the
ACAC review levy on registered health benefits organizations, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Private Health Insurance (ACAC Review
Levy) Act 2003.
This Act commences on 1 July 2004.
This Act binds the Crown in each of its capacities.
This Act extends to the Territory of Cocos (Keeling) Islands and to the
Territory of Christmas Island.
In this Act, unless the contrary intention appears:
ACAC means an Acute Care Advisory Committee established under
section 3B of the Health Insurance Act 1973.
ACAC review levy means an ACAC review levy imposed under
section 6.
ACAC review levy day means an ACAC review levy day specified
in the regulations made for the purposes of section 6.
Council has the same meaning as in the National Health
Act.
National Health Act means the National Health Act
1953.
registered health benefits organization has the same meaning
as in the National Health Act.
supplementary ACAC review levy day means a
supplementary ACAC review levy day specified in a determination by the Minister
under section 6.
(1) ACAC review levy is imposed on each registered health benefits
organization:
(a) on each day specified in the regulations as an ACAC review levy day
for a financial year; and
(b) on each day (if any) determined in writing by the Minister as a
supplementary ACAC review 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.
(1) The rate of ACAC review levy imposed on a particular day is worked out
using the following table:
|
Rate of ACAC review levy |
||
|---|---|---|
|
Item |
The rate of levy imposed on... |
is the rate that... |
|
1 |
an ACAC review levy day |
(a) is specified in the regulations; and |
|
2 |
a supplementary ACAC review levy day |
(a) is determined in writing by the Minister; and |
(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 an ACAC review levy day—the day specified in
the regulations as the census day for the levy day; or
(ii) for levy imposed on a supplementary ACAC review 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 50 cents 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 $1.00
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.
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 ACAC review levy day or days for a financial year;
(c) the rate that is to be specified as the rate of ACAC review levy
imposed on the supplementary ACAC review 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 ACAC review levy day or days.
(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)(ii) of the National Health Act.
(2) By force of this section, ACAC review validation levy of an equal
amount is taken to have been imposed on the organization on that date.
(3) The amount of ACAC review 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)(ii) 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)(ii) of the National Health Act
are taken to be applied to the ACAC review validation levies in the order in
which the Council purported to impose the levies.
(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.