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Short title
1 Short title
This Act may be cited as the Private Health Insurance (Medical Devices and Human Tissue Products Levy) Act 2007.
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Commonwealth act
This Act creates a levy to recover the Commonwealth’s costs for keeping certain medical devices and human tissue products on an official listing. The levy is charged for each listed item on specified levy days, with amounts set by regulation (and may be nil or exempted). The Minister and Governor‑General make rules about levy days, amounts and administration. It affects the parties who are liable under the levy-administration rules by creating a payment and compliance obligation for ongoing listings.
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Direct links to the current provisions in Private Health Insurance (Medical Devices and Human Tissue Products Levy) Act 2007.
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.
(1) Levy is imposed for a financial year in respect of the ongoing listing of each listed item. (2) 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. (3) The amount of the levy imposed in respect of the ongoing listing of a listed item is the amount prescribed by the regulations. (4) 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.
(1) The regulations may prescribe different amounts for the purposes of subsection 4(3) for different circumstances. (2) 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. (3) The regulations may prescribe an amount for the purposes of subsection 4(3) by: (a) specifying an amount; or (b) specifying a method for calculating the amount. (4) The amount of a levy may be nil. (5) 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: (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.
The Governor‑General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed by the regulations; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
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.
(1) Levy is imposed for a financial year in respect of the ongoing listing of each listed item. (2) 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. (3) The amount of the levy imposed in respect of the ongoing listing of a listed item is the amount prescribed by the regulations. (4) 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.
(1) The regulations may prescribe different amounts for the purposes of subsection 4(3) for different circumstances. (2) 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. (3) The regulations may prescribe an amount for the purposes of subsection 4(3) by: (a) specifying an amount; or (b) specifying a method for calculating the amount. (4) The amount of a levy may be nil. (5) 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: (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.
The Governor‑General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed by the regulations; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.