Private Health Insurance (National Joint Replacement Register Levy) Rules 2026
I, Mark Butler, Minister for Health and Ageing, make the following rules.
Dated 11 March 2026
Mark Butler
Minister for Health and Ageing
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Schedules
5 Definitions
Part 2—Levy day
6 Levy day
Part 3—Rate of levy
7 Rate of levy
Part 4—Liability for payment of levy
8 Who is liable to pay national joint replacement register levy?
Schedule 1—Repeals
Private Health Insurance (National Joint Replacement Register Levy) Rule 2015
Part 1—Preliminary
1 Name
This instrument is the Private Health Insurance (National Joint Replacement Register Levy) Rules 2026.
2 Commencement
(1) Each provision of this instrument 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.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
The whole of this instrument 1 April 2026. 1 April 2026
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the Private Health Insurance (National Joint Replacement Register Levy) Act 2009.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
5 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) joint replacement device;
(b) national joint replacement register levy;
(c) national joint replacement register levy day;
(d) Private Health Insurance (Medical Devices and Human Tissue Products) Rules;
(e) register.
In this instrument:
Act means the Private Health Insurance (National Joint Replacement Register Levy) Act 2009.
levy means national joint replacement register levy.
levy day means a national joint replacement register levy day.
Part 2—Levy day
6 Levy day
For paragraph 6(1)(a) of the Act, 30 November in each financial year is specified as a levy day for the financial year.
Part 3—Rate of levy
7 Rate of levy
(1) For item 1 of the table in subsection 7(1) of the Act, the rate of levy for a levy day for the recording on the register of the provision of a joint replacement device is worked out under subsections (2) and (3).
Step 1—rate of levy if base amount equals or exceeds $5 000
(2) The rate of levy for the joint replacement device for the levy day is $5 000 if the amount (the base amount) worked out for the joint replacement device for the levy day using the following formula equals or exceeds $5 000:
Step 2—rate of levy if base amount is less than $5 000
(3) If the base amount under subsection (2) for the joint replacement device for the levy day is less than $5 000, the rate of levy for the joint replacement device (the relevant joint replacement device) for the levy day is the lesser of $5 000 and the amount worked out for the relevant joint replacement device for the levy day using the following formula:
(a) the total benefit amount for the levy day; less
(b) the sum of each device benefit amount for the levy day for a joint replacement device for which:
(i) the base amount for the levy day exceeds the base amount for the relevant joint replacement device for the levy day; and
(ii) the rate of levy worked out under subsection (2) or this subsection for the levy day equals or exceeds $5 000.
n means the number of joint replacement devices for the levy day for which:
(a) the base amount for the levy day exceeds the base amount for the relevant joint replacement device for the levy day; and
(b) the rate of levy worked out under subsection (2) or this subsection for the levy day equals or exceeds $5 000.
Definitions
(4) In this section:
device benefit amount for a joint replacement device for a levy day means the amount worked out by multiplying:
(a) the number of recordings on the register of the provision of the joint replacement device during the financial year ending before the levy day (being recordings made on or before the 30 September before the levy day); by
(b) the minimum benefit for the joint replacement device set out, or worked out using the method set out, in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules, as in force immediately before the levy day, made for the purposes of item 4 of the table in subsection 72‑1(2) of the Private Health Insurance Act 2007.
NJRR funding amount means:
for the levy day on 30 November 2026 — $3,638,000;
for the levy day on 30 November 2027 — $3,703,000;
for the levy day on 30 November 2028 — $3,405,000.
total benefit amount for a levy day means the sum of each device benefit amount for a joint replacement device for which a recording was made on the register of the provision of the joint replacement device during the financial year ending before the levy day (being a recording made on or before the 30 September before the levy day).
Part 4—Liability for payment of levy
8 Who is liable to pay national joint replacement register levy?
For section 7A of the Act, levy imposed in relation to a joint replacement device for a financial year is payable by the person mentioned for the device in Schedule 1 to the Private Health Insurance (Medical Devices and Human Tissue Products) Rules in force on the levy day for that financial year.
Schedule 1—Repeals
Private Health Insurance (National Joint Replacement Register Levy) Rule 2015