Commonwealth Numbered Acts

PRIVATE HEALTH INSURANCE (COUNCIL ADMINISTRATION LEVY) AMENDMENT ACT 2007 (NO. 36, 2007) - SCHEDULE 1

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.