1Dictionary

1 Dictionary In this Act: accessory has the meaning given by subsection 72‑11(3). adjustment factor for an adjustment year has the meaning given by subsection 22‑15(5E). adjustment year has the meaning given by subsection 22‑15(5D). adult: (a) when used outside Part 2‑3—means a person who is not a *dependent person; or (b) when used in Part 2‑3—means a person who is not: (i) a *dependent child; or (ii) a *dependent non‑student; or (iii) a *dependent student. applicable benefits arrangement means an applicable benefits arrangement within the meaning of the National Health Act 1953 as in force before 1 April 2007. approved form is a form that meets the requirements in section 333‑10. APRA means the Australian Prudential Regulation Authority. APRA private health insurance duty, function or power: see subsection 323‑1(1A). Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island. authorised disclosure is defined in subsection 323‑1(3). authorised officer is defined in subsection 313‑1(1). base rate is defined in subsection 34‑1(2). Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973. chief executive officer, of a private health insurer, is the person who is primarily and directly responsible to the *directors of the insurer for the general and overall management of the insurer. complaints levy is defined in paragraph 304‑10(b). complying health insurance policy is defined in section 63‑10. complying health insurance product is defined in section 63‑5. constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. cost‑recovery fee has the meaning given by subsection 72‑15(1). cover has a meaning affected by section 69‑5. declaration of contravention means a declaration under section 203‑5. dependent child means a person who: (a) is aged under 18; and (b) does not have a partner. dependent non‑student means a person who: (a) is aged between 18 and 31 (inclusive); and (b) is not receiving full‑time education at a school, college or university; and (c) is a dependent non‑student under the *rules of the private health insurer that insures the person; and (d) does not have a partner. dependent person means: (a) a *dependent child; or (b) a *dependent non‑student; or (c) a *dependent person with a disability; or (d) a *dependent student. dependent person with a disability means a person: (a) who is aged 18 or over; and (b) who is: (i) a person with a disability within the meaning of the expression person with a disability as defined by the Private Health Insurance (Complying Product) Rules; or (ii) a person with a disability within the meaning of the expression person with a disability as defined by the *rules of the private health insurer that insures the person. To avoid doubt, a dependent person with a disability may have a partner. dependent student means a person who: (a) is aged between 18 and 31 (inclusive); and (b) is receiving full‑time education at a school, college or university; and (c) is a dependent student under the *rules of the private health insurer that insures the person; and (d) does not have a partner. director has the same meaning as in the Corporations Act 2001. employee health benefits scheme is defined in section 121‑15. enforceable obligation is defined in section 185‑5. family tier 1 threshold has the meaning given by section 22‑40. family tier 2 threshold has the meaning given by section 22‑40. family tier 3 threshold has the meaning given by section 22‑40. Federal Court means the Federal Court of Australia. general interest charge means the charge worked out under Part IIA of the Taxation Administration Act 1953. general treatment is defined in section 121‑10. gold card is defined in subsection 34‑15(3). health benefits fund is defined in section 131‑10. health care provider means: (a) a person who provides goods or services as, or as part of, *hospital treatment or *general treatment; or (b) a person who manufactures or supplies goods provided as, or as part of, hospital treatment or general treatment. health insurance business is defined in Division 121. health‑related business is defined in section 131‑15. holder, of an insurance policy, means a person who is insured under the policy and who is not a *dependent person. hospital is defined in subsection 121‑5(5). hospital cover is defined in section 34‑15. hospital‑substitute treatment is defined in section 69‑10. hospital treatment is defined in section 121‑5. human tissue product has the meaning given by section 72‑12. improper discrimination: (a) in relation to an insurer who is not a *restricted access insurer—has the meaning given by subsection 55‑5(2); and (b) in relation to a restricted access insurer—has the meaning given by subsection 55‑5(2) as affected by subsection 55‑5(3). income for surcharge purposes, of a person for a financial year, means the income for surcharge purposes (within the meaning of the Income Tax Assessment Act 1997) for the person for the *income year corresponding to the financial year. income year has the meaning given by the Income Tax Assessment Act 1997. indexation factor has the meaning given by section 22‑45. index number has the meaning given by section 22‑45. ineligible for Medicare, in relation to a person, means not an eligible person within the meaning of the Health Insurance Act 1973. insurance is defined in section 5‑1. late payment penalty means a late payment penalty incurred under section 307‑5 in respect of a *private health insurance levy. levy‑related document is defined in subsection 313‑1(3). lifetime health cover base day is defined in section 34‑25. medical device has the meaning given by section 72‑11. medical devices and human tissue products levy is defined in paragraph 304‑10(da). medical practitioner means a medical practitioner within the meaning of the Health Insurance Act 1973. medicare benefit means a medicare benefit under Part II of the Health Insurance Act 1973. medicare eligibility day is defined in subsection 34‑25(5). medicare program has the same meaning as in the Human Services (Medicare) Act 1973. national joint replacement register levy is defined in paragraph 304‑10(e). occupier, of *premises, includes: (a) the person in charge or control, or apparently in charge or control, of the premises; or (b) a person who represents, or apparently represents, that person. officer, of a private health insurer, means: (a) a *director of the insurer; or (b) a *chief executive officer of the insurer; or (c) a person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the insurer. old Schedule 2 is defined in subsection 34‑10(5). overseas has a meaning affected by section 34‑30. participant, in relation to the *premiums reduction scheme, means a person who is registered as a participant in the scheme under subsection 23‑16(1). participating insurer means: (a) a private health insurer approved by the Minister under subsection 279‑5(2); or (b) a private health insurer that has applied under subsection 279‑5(1) to be approved and whose application has not been rejected. permitted days without hospital cover is defined in section 34‑20. personal information has the same meaning as in the Privacy Act 1988. PHIIB (short for Private Health Insurance Incentive Beneficiary) has the meaning given by section 22‑5. PHII benefit (short for Private Health Insurance Incentive benefit) has the meaning given by section 22‑10. policy holder, of a *health benefits fund, means a *holder of a policy that is *referable to the fund. pre‑existing condition is defined in section 75‑15. premises includes the following: (a) a structure, building, vehicle or vessel; (b) a place (whether enclosed or built on); (c) a part of a thing referred to in paragraph (a) or (b). premiums reduction scheme means the scheme provided for by Division 23. private health information statement is defined in section 93‑5. private health insurance arrangement includes any of the following: (a) a *private health insurance policy or a *product; (b) an agreement or arrangement between a private health insurer and a *health care provider; (c) an agreement or arrangement between a private health insurer and another person (other than a health care provider) that relates to insurance in relation to *hospital treatment or *general treatment; (d) an agreement or arrangement between two or more health care providers that relates to insurance in relation to hospital treatment or general treatment; (e) Private Health Insurance (Complying Product) Rules made for the purposes of item 1 or 5 of the table in subsection 72‑1(2); (f) Private Health Insurance (Medical Devices and Human Tissue Products) Rules made for the purposes of item 4 of the table in subsection 72‑1(2); (g) an arrangement between a private health insurer and a *private health insurance broker; (h) an arrangement between a private health insurance broker and a person seeking to become insured under a private health insurance policy. private health insurance broker means a person: (a) who deals (otherwise than by carrying on *health insurance business) in insurance policies that *cover *hospital treatment or *general treatment or both; and (b) who acts on behalf of persons seeking to become insured under those policies. private health insurance levy is defined in section 304‑10. Private Health Insurance Ombudsman means the Private Health Insurance Ombudsman established by section 20C of the Ombudsman Act 1976. private health insurance policy means an insurance policy that *covers *hospital treatment or *general treatment or both (whether or not it also covers any other treatment or provides a benefit for anything else). private health insurer means a body that is registered under Division 3 of Part 2 of the Private Health Insurance (Prudential Supervision) Act 2015. product is defined in subsection 63‑5(2). product subgroup is defined in subsection 63‑5(2A). protected information is defined in subsection 323‑1(2). quarter has the meaning given by the Income Tax Assessment Act 1997. referable: an insurance policy is referable to a *health benefits fund if: (a) the fund is identified under paragraph 93‑15(c) as the fund to which the policy is referable (and the policy has not been made referable to another *health benefits fund under Division 4 of Part 3 of the Private Health Insurance (Prudential Supervision) Act 2015); or (b) the policy has been made referable to the fund under Division 4 of Part 3 of the Private Health Insurance (Prudential Supervision) Act 2015. restricted access insurer has the same meaning as in the Private Health Insurance (Prudential Supervision) Act 2015. risk equalisation jurisdiction is defined in subsection 131‑20(1). risk equalisation levy is defined in paragraph 304‑10(d). Risk Equalisation Special Account: see subsection 318‑1(1). rules, of a private health insurer, means the body of rules established by the insurer that relate to the day‑to‑day operation of the insurer’s *health insurance business and (if any) *health‑related business. schedule fee means the Schedule fee within the meaning of Part II of the Health Insurance Act 1973. search powers means powers to search for, inspect, take extracts from, and make copies of, documents. share of the PHII benefit has the meaning given by sections 22‑15, 22‑20 and 22‑25. singles tier 1 threshold has the meaning given by section 22‑35. singles tier 2 threshold has the meaning given by section 22‑35. singles tier 3 threshold has the meaning given by section 22‑35. tax file number means a tax file number as defined in section 202A of the Income Tax Assessment Act 1936. termination day, in relation to the *health benefits funds of a private health insurer, is defined in subsection 149‑20(2). tier 1 earner has the meaning given by section 22‑30. tier 2 earner has the meaning given by section 22‑30. tier 3 earner has the meaning given by section 22‑30. transfer, in relation to a person, is defined in section 75‑10. up to date, in relation to a *private health information statement, is defined in subsection 93‑1(2). voluntary deed of arrangement means: (a) a deed of arrangement agreed on at a meeting of a kind referred to in section 217‑45; or (b) such a deed as varied in accordance with the Health Benefits Fund Enforcement Rules. waiting period is defined in section 75‑5.