{"id":"C2009A00051","name":"Private Health Insurance (National Joint Replacement Register Levy) Act 2009","slug":"private-health-insurance-national-joint-replacement-register-levy-act-2009","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"51 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":40374,"registerId":"commonwealth-C2009A00051-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Private Health Insurance (National Joint Replacement Register Levy) Act 2009.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) 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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

24 June 2009

2. Sections 3 to 9

The later of:

(a) 1 July 2009; and

(b) the day on which this Act receives the Royal Assent.

1 July 2009

\n```\n\n> 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.\n\n (2) 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.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Crown to be bound","content":"#### 3 Crown to be bound\n\n This Act binds the Crown in each of its capacities.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Extension of Act to external Territories","content":"#### 4 Extension of Act to external Territories\n\n This Act extends to the Territory of Cocos (Keeling) Islands and to the Territory of Christmas Island.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n (1) In this Act:\n\n> joint replacement device means a medical device (within the meaning of the Private Health Insurance Act 2007) that:\n\n (a) is listed in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules; and\n (b) is used in joint replacement.\n\n> national joint replacement register levy means the national joint replacement register levy imposed under section 6.\n\n> 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.\n\n> 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.\n\n> Private Health Insurance (National Joint Replacement Register Levy) Rules means the Private Health Insurance (National Joint Replacement Register Levy) Rules made under section 8.\n\n> register means the register known as the Australian Orthopaedic Association National Joint Replacement Registry.\n\n> 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.\n\n (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).","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Imposition of national joint replacement register levy","content":"#### 6 Imposition of national joint replacement register levy\n\n (1) National joint replacement register levy is imposed on the recording on the register of the provision of a joint replacement device:\n (a) 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\n (b) 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.\n (2) The Private Health Insurance (National Joint Replacement Register Levy) Rules must not specify more than 4 levy days for a financial year.\n (3) The determination under section 8A must not specify more than 2 supplementary levy days for a financial year.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Rate of national joint replacement register levy","content":"#### 7 Rate of national joint replacement register levy\n\n (1) The rate of national joint replacement register levy imposed on a particular day is worked out using the following table:\n\n```html\n

Rate of national joint replacement register levy

Item

The rate of levy imposed on a …

is the rate that …

1

national joint replacement register levy day

(a) is specified in, or is calculated using the method specified in, the Private Health Insurance (National Joint Replacement Register Levy) Rules; and

(b) applies on that day.

2

supplementary national joint replacement register levy day

(a) is specified in, or is calculated using the method specified in, a determination under section 8A; and

(b) applies on that day.

\n```\n\n (2) The Private Health Insurance (National Joint Replacement Register Levy) Rules, and a determination under section 8A, may:\n (a) specify different rates of levy, or different methods for calculating the rate of levy, in relation to different classes of joint replacement devices; and\n (b) specify a rate of levy of zero in relation to one or more classes of joint replacement devices; and\n (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.\n (3) 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.","sortOrder":6},{"sectionNumber":"7A","sectionType":"section","heading":"Who must pay the national joint replacement register levy?","content":"#### 7A Who must pay the national joint replacement register levy?\n\n 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.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Private Health Insurance (National Joint Replacement Register Levy) Rules","content":"#### 8 Private Health Insurance (National Joint Replacement Register Levy) Rules\n\n The Minister may, by legislative instrument, make Private Health Insurance (National Joint Replacement Register Levy) Rules providing for matters:\n (a) required or permitted by this Act to be provided; or\n (b) necessary or convenient to be provided in order to carry out or give effect to this Act.","sortOrder":8},{"sectionNumber":"8A","sectionType":"section","heading":"Ministerial determination","content":"#### 8A Ministerial determination\n\n The Minister may, by legislative instrument, make a determination:\n (a) specifying a supplementary national joint replacement register levy day for a financial year (see section 6); and\n (b) specifying, or specifying a method for calculating, a rate of national joint replacement register levy (see section 7).","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Regulations","content":"#### 9 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":10}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of funding the National Joint Replacement Registry through a targeted levy on device manufacturers. The scope has not expanded beyond this specific health monitoring mechanism."},"complexity_factors":["Heavy reliance on delegated legislation: Most operational details (levy rates, calculation methods, who pays, which devices are covered) are left to rules made by the Minister rather than specified in the Act itself","Cross-referencing to other legislation: Definitions depend on the Private Health Insurance Act 2007 and subsidiary rules made under that Act","Dual-track levy system: Separate provisions for regular levy days (up to 4 per year) and supplementary levy days (up to 2 per year) with different rule-making mechanisms","Conditional rate calculation: Rates can vary by device class, can be zero, and can incorporate complex formulae based on recording frequency during specified periods","Cap with conditions: The $5,000 annual maximum creates a ceiling that interacts dynamically with the variable rate structure"],"plain_english_summary":"This law creates a special tax (called a 'levy') to help fund the Australian Orthopaedic Association National Joint Replacement Registry — a database that tracks hip and knee replacements and other joint implants to monitor their safety and performance.\n\n**Who pays:**\n- Manufacturers or suppliers of joint replacement devices (artificial hips, knees, etc.) must pay this levy when their devices are recorded in the national registry.\n\n**How it works:**\n- The levy is charged on specific days each financial year (up to 4 regular days plus up to 2 extra 'supplementary' days if needed).\n- The exact amount is set by rules made by the Minister, but there's a hard cap: no device can be charged more than $5,000 total per financial year.\n- Different types of devices can have different rates, and some devices can be exempted (set at zero).\n\n**Why it matters:**\n- The registry helps doctors and regulators spot faulty implants early, track how long devices last, and improve patient safety. This law ensures the companies that make these devices help pay for this important safety monitoring system.\n\n**Key features:**\n- The law applies across Australia including Christmas Island and Cocos (Keeling) Islands.\n- It binds the Crown (meaning government entities must also comply).\n- The Minister has significant power to set the rules, rates, and timing through delegated legislation (rules made under this Act rather than by Parliament directly)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: imposing a levy to fund the National Joint Replacement Registry. There is no indication the scope has broadened or narrowed from its original intent. The framework is narrow and purpose-specific."},"complexity_factors":["Multiple layers of delegated legislation (the Act itself sets a framework, with actual rates and levy days set by separate Ministerial Rules and determinations)","Cross-references to multiple other Acts and Rules (Private Health Insurance Act 2007, Medical Devices and Human Tissue Products Rules)","Dual levy day structure (regular levy days plus supplementary levy days) adds a layer of administrative complexity","The identity of who actually pays the levy is not in the Act itself — it is outsourced to subordinate Rules","Provisions allowing different rates for different device classes and zero-rated categories add nuance"],"plain_english_summary":"This Act creates a small levy charged when a joint replacement device is recorded on the national register to fund the Australian Orthopaedic Association National Joint Replacement Registry. It applies nationally (including external territories) and primarily affects manufacturers, suppliers or other parties designated by Ministerial Rules.\n\nLevy days are set each financial year (up to 4, plus 2 supplementary if needed), rates are set by the Minister, and there's a $5,000 annual cap per device. The registry helps monitor implant safety and performance."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The supplied text is the Act as originally enacted and establishes a delegated framework for imposing and timing a levy on register recordings. No amendments or changes to the Act's original scope are included in the supplied material; the commencement table records original commencement details."},"complexity_factors":["Short principal Act but significant delegation of detail to legislative instruments (Private Health Insurance (National Joint Replacement Register Levy) Rules) (s8)","Ministerial discretion to specify supplementary levy days and rates by determination (s8A)","Variable rate options: different rates or calculation methods by device class, including zero rates and methods tied to recording frequency (s7(2))","Hard cap on total levy per device per financial year ($5,000) constrains fiscal exposure but requires per-device accounting (s7(3))","Identification of payer is outsourced to the Rules rather than fixed in the Act (s7A), creating compliance uncertainty until Rules are made","Limit on number of levy days (up to 4 plus up to 2 supplementary) creates timing complexity for annual collection (s6(2)–(3))","Administrative burden tied to register recordings and potential interactions with Private Health Insurance (Medical Devices and Human Tissue Products) Rules (definition of joint replacement device) (s5)","Act binds the Crown and extends to external territories, widening legal reach (s3–4)"],"plain_english_summary":"This Act creates a levy charged when a joint replacement device is recorded on the national joint replacement register. The levy applies on days set by Rules or by Ministerial determination, can vary by device or calculation method, and is capped at $5,000 per device per financial year (s6–7,7(3)).\n\nThe person required to pay is the one specified in the Rules; the Minister makes the Rules and may set supplementary levy days and rates (s7A, s8, s8A). This creates payment and reporting obligations for the specified payer and leaves rate-setting and timing to delegated instruments."}},"importantCases":[],"_links":{"self":"/api/acts/private-health-insurance-national-joint-replacement-register-levy-act-2009","history":"/api/acts/private-health-insurance-national-joint-replacement-register-levy-act-2009/history","analysis":"/api/acts/private-health-insurance-national-joint-replacement-register-levy-act-2009/analysis","conflicts":"/api/acts/private-health-insurance-national-joint-replacement-register-levy-act-2009/conflicts","importantCases":"/api/acts/private-health-insurance-national-joint-replacement-register-levy-act-2009/important-cases","documents":"/api/acts/private-health-insurance-national-joint-replacement-register-levy-act-2009/documents"}}