Compilation #1 | Effective 2023-07-01
FRBR Work URI: /akn/au/act/2007/33
This Act may be cited as the Private Health Insurance (Medical Devices and Human Tissue Products Levy) Act 2007.
This Act commences at the same time as the Private Health Insurance Act 2007 commences.
In this Act:
human tissue product has the same meaning as in the Private Health Insurance Act 2007.
listed item means a kind of medical device, or a kind of human tissue product, that is listed in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules made under the Private Health Insurance Act 2007.
medical device has the same meaning as in the Private Health Insurance Act 2007.
Levy is imposed for a financial year in respect of the ongoing listing of each listed item.
Levy is imposed on each day specified as a levy imposition day in the Private Health Insurance (Medical Devices and Human Tissue Products Levy) Rules made under section 6.
The amount of the levy imposed in respect of the ongoing listing of a listed item is the amount prescribed by the regulations.
Before the Governor-General makes regulations for the purposes of subsection (3) prescribing the amount of the levy for a financial year, the Minister must be satisfied that the amount is set at a level that is designed to recover no more than the Commonwealth’s likely costs in connection with the ongoing listing of all listed items for that financial year.
The regulations may prescribe different amounts for the purposes of subsection 4(3) for different circumstances.
Two or more amounts may be prescribed in relation to a single listed item, and a single amount may be prescribed in relation to 2 or more listed items.
The regulations may prescribe an amount for the purposes of subsection 4(3) by:
specifying an amount; or
specifying a method for calculating the amount.
The amount of a levy may be nil.
The regulations may provide for exemptions from levy.
Note: Other matters relating to the levy, such as who is liable to pay, may be specified in Private Health Insurance (Levy Administration) Rules made under the Private Health Insurance Act 2007.
The Minister may, by legislative instrument, make Private Health Insurance (Medical Devices and Human Tissue Products Levy) Rules, providing for matters:
required or permitted by this Act to be provided; or
necessary or convenient to be provided in order to carry out or give effect to this Act.
The Governor-General may make regulations prescribing matters:
required or permitted by this Act to be prescribed by the regulations; or
necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under Legislation Act 2003.section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history