Private Health Insurance (Medical Devices and Human Tissue Products Levy) Act 2007 No. 33, 2007 Compilation No. 1 Compilation date: 1 July 2023 Includes amendments up to: Act No. 7, 2023 Registered: 15 July 2023 About this compilation This compilation This is a compilation of the Private Health Insurance (Medical Devices and Human Tissue Products Levy) Act 2007 that shows the text of the law as amended and in force on 1 July 2023 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents 1 Short title 2 Commencement 3 Definitions 4 Imposition of levy 5 Matters relating to levy 6 Private Health Insurance (Medical Devices and Human Tissue Products Levy) Rules 7 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to impose levy in relation to listing of medical devices and human tissue products, and for related purposes 1 Short title This Act may be cited as the Private Health Insurance (Medical Devices and Human Tissue Products Levy) Act 2007. 2 Commencement This Act commences at the same time as the Private Health Insurance Act 2007 commences. 3 Definitions 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. 4 Imposition of levy (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. 5 Matters relating to levy (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. 6 Private Health Insurance (Medical Devices and Human Tissue Products Levy) Rules 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. 7 Regulations 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. Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003. If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history. Endnote 2—Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub‑subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub‑Ch = Sub‑Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Private Health Insurance (Prostheses Application and Listing Fees) Act 2007 33, 2007 30 Mar 2007 1 Apr 2007 (s 2) Private Health Insurance (Prostheses Application and Listing Fees) Amendment (Cost Recovery) Act 2023 7, 2023 16 Mar 2023 Sch 1: 1 July 2023 (s 2(1) item 2) Sch 1 (item 4) Endnote 4—Amendment history Provision affected How affected Title.................... am No 7, 2023 s 1..................... am No 7, 2023 s 3..................... rs No 7, 2023 s 4..................... rs No 7, 2023 s 5..................... rs No 7, 2023 s 6..................... rs No 7, 2023 s 7..................... rs No 7, 2023 s 8..................... rep No 7, 2023 s 9..................... rep No 7, 2023