Private Health Insurance Act 2007

S 72-15 substituted by No 8 of 2023, s 3 and Sch 2 item 4, effective 1 July 2023. No 8 of 2023, s 3 and Sch 2 items 11 - 15 contain the following application and transitional provisions:

Part 2 - Application and transitional provisions

11 Definitions  
11
In this Part:

amended Act
means the Private Health Insurance Act 2007 as amended by Part 1.

commencement time
means the commencement of this Part.

initial listing fee
means an initial listing fee mentioned in paragraph 72-10(5)(b) of the Private Health Insurance Act 2007 as in force immediately before the commencement time.

ongoing listing fee
means an ongoing listing fee mentioned in section 72-15 of the Private Health Insurance Act 2007 as in force immediately before the commencement time.

12 Application provision - cost-recovery fees regarding listing applications  
12
Paragraphs 72-10(3)(b) and (5)(b) of the amended Act apply in relation to an application made under subsection 72-10(2) after the commencement time. 13 Transitional provisions - initial listing fees for applications granted before commencement time  
(1)
This item applies in relation to an application under subsection 72-10(2) of the Private Health Insurance Act 2007 if:
(a) the application is granted before the commencement time; and
(b) the kind of prosthesis to which the application relates is not listed in the Private Health Insurance (Prostheses) Rules before the commencement time.

(2)
Paragraph 72-10(5)(b) of the amended Act applies in relation to the application as if the reference to cost-recovery fee in that paragraph were a reference to the initial listing fee that the applicant is liable to pay in respect of the application.
14 Transitional provisions - ongoing listing fees imposed before commencement time  
(1)
This item applies if:
(a) immediately before the commencement time, an ongoing listing fee is due and payable in respect of a kind of prosthesis; and
(b) after the commencement time, the kind of prosthesis is listed as a kind of medical device or human tissue product in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules.

(2)
Subsection 72-20(2) of the amended Act has effect, in relation to that kind of medical device or human tissue product, as if:
(a) a reference in that subsection to medical devices and human tissue products levy in respect of the ongoing listing of the kind of medical device or human tissue product included a reference to the ongoing listing fee; and
(b) the reference in paragraph (b) of that subsection to the Private Health Insurance (Levy Administration) Rules were, in relation to the ongoing listing fee, a reference to subsection 72-15(2) of the Private Health Insurance Act 2007 as in force immediately before the commencement time.
15 Transitional provisions - power to direct that activities not be carried out  
15
Section 72-25 of the amended Act has effect as if:
(a) a reference in that section to a cost-recovery fee included a reference to an initial listing fee; and
(b) a reference in that section to medical devices and human tissue products levy included a reference to an ongoing listing fee.

S 72-15 formerly read:

SECTION 72-15 ONGOING LISTING FEE FOR PROSTHESES  
72-15(1)
This section applies if the Minister lists a kind of prosthesis in the Private Health Insurance (Prostheses) Rules as a result of an application under subsection 72-10(2) .

72-15(2)
The applicant must pay to the Commonwealth the ongoing listing fee for which the applicant is liable under the Private Health Insurance (Prostheses Application and Listing Fees) Act 2007 , within 28 days of each day specified under that Act as an ongoing listing fee imposition day.

72-15(3)
If the applicant fails to pay an ongoing listing fee in accordance with subsection (2) , the Minister may remove the kind of prosthesis from the list in the Private Health Insurance (Prostheses) Rules.