Compilation #3 | Effective 2025-11-18
FRBR Work URI: /akn/au/act/2009/51
This Act may be cited as the Private Health Insurance (National Joint Replacement Register Levy) Act 2009.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
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:
joint replacement device means a medical device (within the meaning of the Private Health Insurance Act 2007) that: is listed in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules; and is used in joint replacement.
is listed in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules; and
is used in joint replacement.
national joint replacement register levy means the national joint replacement register levy imposed under section 6.
national joint replacement register levy day means a national joint replacement register levy day specified in the Private Health Insurance (National Joint Replacement Register Levy) Rules made for the purposes of section 6.
Private Health Insurance (Medical Devices and Human Tissue Products) Rules means the Private Health Insurance (Medical Devices and Human Tissue Products) Rules made for the purposes of item 4 of the table in subsection 333-20(1) of the Private Health Insurance Act 2007.
Private Health Insurance (National Joint Replacement Register Levy) Rules means the Private Health Insurance (National Joint Replacement Register Levy) Rules made under section 8.
register means the register known as the Australian Orthopaedic Association National Joint Replacement Registry.
supplementary national joint replacement register levy day means a supplementary national joint replacement register levy day specified in a determination by the Minister under section 8A.
(3) The Private Health Insurance (National Joint Replacement Register Levy) Rules may provide that one or more classes of medical devices (within the meaning of the Private Health Insurance Act 2007) are taken, or are taken not, to be joint replacement devices for the purposes of the definition of joint replacement device in subsection (1).
National joint replacement register levy is imposed on the recording on the register of the provision of a joint replacement device:
on each day specified in the Private Health Insurance (National Joint Replacement Register Levy) Rules as a national joint replacement register levy day for a financial year; and
on each day (if any) specified in a determination under section 8A as a supplementary national joint replacement register levy day for a financial year.
The Private Health Insurance (National Joint Replacement Register Levy) Rules must not specify more than 4 levy days for a financial year.
(3) The determination under .section 8A must not specify more than 2 supplementary levy days for a financial year
The rate of national joint replacement register levy imposed on a particular day is worked out using the following table:
The Private Health Insurance (National Joint Replacement Register Levy) Rules, and a determination under section 8A, may:
specify different rates of levy, or different methods for calculating the rate of levy, in relation to different classes of joint replacement devices; and
specify a rate of levy of zero in relation to one or more classes of joint replacement devices; and
(c) specify a rate of levy, or a method for calculating the rate of levy, that takes into account the number of times recordings were made on the register of the provision of a joint replacement device during a particular period.
Despite subsection (2), the total amount of levy for a financial year for recordings on the register of the provision of a joint replacement device must not exceed $5,000.
National joint replacement register levy imposed in relation to a joint replacement device is payable by the person specified by the Private Health Insurance (National Joint Replacement Register Levy) Rules for the joint replacement device.
The Minister may, by legislative instrument, make Private Health Insurance (National Joint Replacement Register 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 Minister may, by legislative instrument, make a determination:
specifying a supplementary national joint replacement register levy day for a financial year (see section 6); and
specifying, or specifying a method for calculating, a rate of national joint replacement register levy (see section 7).
The Governor-General may make regulations prescribing matters:
required or permitted by this Act to be prescribed; 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