Private Health Insurance (Complaints Levy) Act 1995

Act No. 40 of 1995 as amended

This compilation was prepared on 4 April 2007 taking into account amendments up to Act No. 35 of 2007

The text of any of those amendments not in force on that date is appended in the Notes section

The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra

Contents

An Act to impose a levy on health insurance business conducted by private health insurers
1 Short title [see Note 1]

This Act may be cited as the Private Health Insurance (Complaints Levy) Act 1995.
2 Commencement

This Act commences on 1 July 1995.
3 Interpretation 1

In this Act:

complaints levy day means the day specified as the complaints levy day in Private Health Insurance (Complaints Levy) Rules made for the purposes of subsection 5(2).

health insurance business has the same meaning as in the Private Health Insurance Act 2007.

quarter means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October in any year.

supplementary complaints levy day means a supplementary complaints levy day specified in a determination by the Minister under section 5.

 2

(2) Other expressions used in this Act have the same meanings in this Act as in the Private Health Insurance Act 2007.
4 Act binds the Crown

This Act binds the Crown in each of its capacities.
5 Imposition of levy 1

Levy is imposed on the conduct of health insurance business by private health insurers:

 a

on each day specified in the Private Health Insurance (Complaints Levy) Rules as a complaints levy day for a financial year; and

 b

on each day (if any) determined by the Minister, by legislative instrument, as a supplementary complaints levy day for a financial year.

 2

The Private Health Insurance (Complaints Levy) Rules must not specify more than 4 complaints levy days for a financial year.

 3

The determination by the Minister must not specify more than 2 supplementary complaints levy days for a financial year.
6 Rate of levy 1

The rate of complaints levy imposed on a particular day is worked out using the following table:
Rate of complaints levy Rate of complaints levy Rate of complaints levy
Item The rate of levy imposed on a … is the rate that …
1 complaints levy day (a) is specified in the Private Health Insurance (Complaints Levy) Rules; and (b) applies on that day.
2 supplementary complaints levy day (a) is determined by the Minister by legislative instrument; and (b) applies on that day.
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 complaints levy day—the day specified in the Private Health Insurance (Complaints Levy) Rules as the census day for the levy day; and

 ii

for levy imposed on a supplementary complaints 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

in respect of complying health insurance policies under which only one person is insured—50 cents a quarter; and

 ii

otherwise—$1 a quarter.
7 By whom is levy payable?

Levy is payable by each private health insurer conducting health insurance business.
8 Private Health Insurance (Complaints Levy) Rules

The Minister may, by legislative instrument, make Private Health Insurance (Complaints 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.
9 Regulations

The Governor-General may make regulations prescribing matters required or permitted by this Act to be prescribed.

The Private Health Insurance (Complaints Levy) Act 1995 as shown in this compilation comprises Act No. 40, 1995 amended as indicated in the Tables below.

Table of Acts

Notes to the

Note 1
Act Number and year Date of Assent Date of commencement Application, saving or transitional provisions
Private Health Insurance Complaints Levy Act 1995 40, 1995 29 May 1995 1 July 1995
Private Health Insurance Complaints Levy Amendment Act 2007 35, 2007 30 Mar 2007 Schedule 1: 1 Apr 2007 Remainder: Royal Assent —

Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Title am. No. 35, 2007
S. 1 am. No. 35, 2007
S. 3 am. No. 35, 2007
Ss. 5, 6 rs. No. 35, 2007
S. 7 am. No. 35, 2007
S. 8 rs. No. 35, 2007