Health Insurance Levies Act 1982 (NSW)

Health Insurance Levies Act 1982 No 159

An Act to impose a levy on organisations carrying on health benefits business in New South Wales; to make provision to free contributors to health benefits funds and other persons from ambulance fees; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Health Insurance Levies Act 1982.

2 Commencement (1) Sections 1 and 2 shall commence on the date of assent to this Act. (2) Except as provided by subsection (1), this Act shall commence on 1 January 1983.

3 Taxation Administration Act 1996 This Act is to be read together with the Taxation Administration Act 1996 which makes provision for the administration and enforcement of this Act and other taxation laws.

4 Definitions (1) In this Act, except in so far as the content or subject-matter otherwise indicates or requires: ambulance service means a service related to the work of rendering first aid to, and the transport of, sick and injured persons, but does not include a service of a class prescribed for the purposes of this definition. authorised agent means an authorised agent under section 16C. basic health benefits means those benefits payable to a contributor by an organisation in accordance with an applicable benefits arrangement (within the meaning of the Private Health Insurance Act 2007 of the Commonwealth) of the organisation. Chief Commissioner means the Chief Commissioner of State Revenue referred to in section 60 of the Taxation Administration Act 1996. contributor means: (a) in relation to a health benefits fund conducted by an organisation, a person who is a contributor to that fund in accordance with the rules of the organisation (including a person who, in accordance with those rules, for the time being remains a contributor even though in arrears with his or her contributions), and includes a person for whom or on whose behalf contributions are made, or (b) in relation to the State Ambulance Insurance Plan, a person who is a member of that Plan in accordance with the provisions of or made under this Act. health benefits fund means a fund out of which an organisation makes payments to contributors for periods of accommodation and maintenance in hospitals, and for surgical, therapeutic or other medical or health treatment, service or procedure in hospitals. levy means a monthly levy or an additional levy under this Act. month means any of the 12 months of the year. organisation means a society, body or group of persons, whether corporate or unincorporate, which conducts a health benefits fund. prescribed rate means: (a) for January 1983—40 cents, (b) for any month thereafter in 1983—70 cents, (c) for January 1984—75 cents, and (d) for any month thereafter and before July 1997—32 cents, as adjusted from time to time in accordance with Schedule 2, and (e) for July 1997 and for any month thereafter—83 cents, as adjusted from time to time in accordance with Schedule 2. record means: (a) a documentary record, or (b) a record made by an electronic, electromagnetic, photographic or optical process, or (c) any other kind of record. regulations means regulations under this Act. State Ambulance Insurance Plan means the State Ambulance Insurance Plan established by section 16A. (2) An organisation shall, for the purposes of this Act, be deemed to carry on the business in New South Wales of providing health benefits to contributors if: (a) for the purposes of, or purposes related to, the enrolment of contributors to a health benefits fund conducted by it or the payment of benefits to any such contributors: (i) it uses premises in New South Wales, or (ii) it uses, in New South Wales, the services of a servant or an agent, or (b) any of the contributors to a health benefits fund conducted by it are permanently resident in New South Wales. (3) Notes included in this Act do not form part of this Act. (4), (5) (Repealed)