Income Tax Assessment Regulations 1997 (Repealed)

Part 2 heading inserted by SR No 172 of 2002.

Div 61 substituted by SLI No 84 of 2013, reg 4 and Sch 1 item 1, effective 17 May 2013. Div 61 formerly read:

Division 61 - Generally applicable tax offsets

REGULATION 61-220.01 STATEMENTS FOR SUBDIVISION 61-G OF THE ACT  
61-220.01(1)
The following expressions have the same meaning in this regulation as they have in the Private Health Insurance Act 2007 :

• complying health insurance policy

• dependent child

• fringe benefit

• general treatment

• health insurance business

• hospital cover

• incentive amount.

61-220.01(2)
In this regulation:

policy holder
, in relation to a complying health insurance policy, means the person who is named as the holder of the policy in the records of the health insurance business that issued the policy.

premium
means a premium, or an amount in respect of a premium.

61-220.01(3)
For Subdivision 61-G of the Act, a health insurance business must, before 15 July in each income year, issue a written statement for the previous income year to each individual (other than a dependent child) who is the policy holder of a complying health insurance policy at any time in the previous income year.

Penalty: 5 penalty units.

61-220.01(4)
An offence against subregulation (3) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code .

61-220.01(5)
The statement must include the following information in relation to the premium amounts paid under the complying health insurance policy to the health insurance business for the income year to which the statement relates:

(a) the policy holder ' s name and postal address;

(b) the health insurance business membership number of the policy;

(c) the health insurance business identification given to the health insurance business by the Chief Executive Medicare;

(d) the date when the statement was prepared;

(e) the total of premiums paid;

(f) the private health insurance tax offset amount worked out under section 61-210 of the Act;

(g) an amount representing the premiums reduction amount;

(h) an amount representing the incentive amount if:

(i) the individual was eligible for a reduction of premiums under the Private Health Insurance Act 2007 ; and

(ii) the incentive amount for the individual is greater than the premiums reduction amount;

(i) an amount worked out by subtracting the premiums reduction amount from the amount in paragraph (f);

(j) an amount worked out by subtracting the premiums reduction amount from the incentive amount;

(k) the number of days in the income year that the individual was entitled to:

(i) private patient hospital cover from the health insurance business; or

(ii) general treatment cover from the health insurance business.

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History

Reg 61-220.01(5) amended by SLI No 120 of 2011, reg 3 and Sch 1 item 43, by substituting " Chief Executive Medicare " for " Chief Executive Officer of Medicare Australia " in para (c), effective 1 July 2011.

61-220.01(6)
The health insurance business must take all reasonable care to produce an accurate statement.

Penalty: 5 penalty units.

61-220.01(7)
An offence against subregulation (6) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code .

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Reg 61-220.01 inserted by SLI No 131 of 2008, reg 3 and Sch 1 item 1, effective 1 July 2008.

Div 61 substituted by SLI No 131 of 2008, reg 3 and Sch 1 item 1, effective 1 July 2008. Div 61 formerly read:

Division 61 - Generally applicable tax offsets

REGULATION 61-330.01 STATEMENTS FOR SUBDIVISION 61-H OF THE ACT  
61-330.01(1)
The following expressions have the same meaning in this regulation as they have in the Private Health Insurance Incentives Act 1998 :

• ancillary cover

• appropriate private health insurance policy

• dependent child

• fringe benefit

• health fund

• hospital cover

• incentive amount.

61-330.01(2)
In this regulation:

1998-99 income year
means the period beginning on 1 January 1999 and ending on 30 June 1999.

policy holder
, in relation to an appropriate private health insurance policy, means the person who is named as the holder of the policy in the records of the health fund that issued the policy.

premium
means a premium, or an amount in respect of a premium.

61-330.01(3)
For Subdivision 61-H of the Act, a health fund must, before 15 July in each income year, issue a written statement for the previous income year (including the 1998-99 income year) to each individual (other than a dependent child) who is the policy holder of an appropriate private health insurance policy at any time in the previous income year.

Penalty: 5 penalty units.

61-330.01(3A)
An offence against subregulation (3) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code .

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Reg 61-330.01(3A) inserted by SR No 321 of 2001.

61-330.01(4)
The statement must include the following information in relation to the premium amounts paid under the policy for the income year to which the statement relates:

(a) the policy holder's name and postal address;

(b) the fund membership number of the policy;

(c) the health fund identification given to the health fund by the Chief Executive Officer of Medicare Australia;

(d) the date when the statement was prepared;

(e) the total of premiums paid;

(f) the private health insurance tax offset amount worked out under subsection 61-340(5) of the Act;

(g) an amount representing the premiums reduction amount;

(h) an amount representing the incentive amount if:

(i) the individual was eligible for a reduction of premiums under the Private Health Insurance Incentives Act 1997 ; and

(ii) the incentive amount for the individual is greater than the premiums reduction amount;

(i) an amount worked out by subtracting the premium reductions amount from the amount in paragraph (f);

(j) an amount worked out by subtracting the premiums reduction amount from the incentive amount;

(k) the number of days in the income year that the individual was entitled to:

(i) private patient hospital cover from the health fund; or

(ii) ancillary cover from the health fund.

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Reg 61-330.01(4) amended by SLI No 60 of 2006, reg 3 and Sch 1 items 1 and 2, by substituting paras (e) and (f) and (i), effective 23 March 2006. Paras (e), (f) and (i) formerly read:

(e) the total of premiums paid, or taken to have been paid;

(f) an amount representing 30% of the amount in paragraph (e);

(i) an amount worked out by finding 30% of the total premiums paid and subtracting the premiums reduction amount;

Reg 61-330.01(4)(c) amended by SLI No 207 of 2005.

61-330.01(5)
(Repealed by SLI No 60 of 2006)

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Reg 61-330.01(5) repealed by SLI No 60 of 2006, reg 3 and Sch 1 item 3, effective 23 March 2006. Reg 61-330.01(5) formerly read:

61-330.01(5)
For paragraph 4(e), a premium is taken to have been paid to a health fund under an appropriate private health insurance policy for an income year if:

(a) the premium is due under the policy before the end of the income year; and

(b) the premium has not been received by the fund at the date when the statement is prepared; and

(c) the health fund has a reasonable expectation that the premium will be paid before the end of the income year, based on previous payments made under the policy.

61-330.01(6)
The health fund must take all reasonable care to produce an accurate statement.

Penalty: 5 penalty units.

61-330.01(7)
An offence against subregulation (6) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code .

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History

Reg 61-330.01(7) inserted by SR No 321 of 2001.

Reg 61-330.01 inserted by SR No 147 of 1999.

Div 61 heading inserted by SR No 172 of 2002.

Subdiv 61-G heading inserted by SLI No 84 of 2013, reg 4 and Sch 1 item 1, effective 17 May 2013.

Reg 61-220.02(1) substituted by FRLI No F2018L01691, reg 4 and Sch 1 item 15, effective 1 January 2019. Reg 61-220.02(1) formerly read:

61-220.02(1)
A private health insurer for a complying health insurance policy must provide to each PHIIB insured under the policy during a financial year, before 15 July of the following financial year, a statement in the approved form about the policy.

Note:

For approved form , see section 995-1 of the Act.

Reg 61-220.02(1A) inserted by FRLI No F2018L01691, reg 4 and Sch 1 item 15, effective 1 January 2019.

Reg 61-220.02(2) amended by FRLI No F2018L01691, reg 4 and Sch 1 item 16, by substituting " the earlier financial year " for " the financial year " in para (b) and (c), effective 1 January 2019.

Reg 61-220.02 inserted by SLI No 84 of 2013, reg 4 and Sch 1 item 1, effective 17 May 2013.