Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2002-2003
THE PARLIAMENT OF THE
COMMONWEALTH OF AUSTRALIA
HOUSE OF
REPRESENTATIVES
EXPLANATORY MEMORANDUM
(Circulated
by authority of the Minister for Health and Ageing,
Senator the Hon. Kay
Patterson)
The National Health Amendment (Private Health Insurance Levies) Bill 2003
amends the National Health Act 1953 making changes ancillary to, or
consequential to, the reimposition of four private health insurance industry
levies.
Background
The Australian National Audit Office
Audit Report No. 32 1999-2000: “Management of Commonwealth Non-Primary
Industry Levies”, identified issues with the Private Health Insurance
Administration Council (Council) administration levy (established via
subparagraph 82G(1)(h)(i) of the National Health Act 1953) having regard
to the operation of section 55 of the Commonwealth of Australia Constitution
(the Constitution).
Section 55 provides that laws imposing taxation
shall deal only with the imposition of taxation, and any provision therein
dealing with any other matter shall be of no effect.
In light of the
above, four Bills reimpose four health insurance industry levies (and validate
previous impositions of the levies) having regard to section 55 of the
Constitution with a view to removing any doubt regarding the technical validity
of the levies.
The four private health insurance industry levies being
reimposed are:
§ the Private Health Insurance
Administration Council administration levy (subparagraph 82G(1)(h)(i)
National Health Act 1953);
§ the collapsed organization levy (paragraph
82G(1)(j) National Health Act 1953);
§ the Acute Care Advisory Committee (ACAC)
review levy (subparagraph 82G(1)(h)(ii) National Health Act 1953);
and
§ the
Reinsurance Trust Fund levy (section 73BC National Health Act
1953).
These levies are to be reimposed via the following
Bills:
§ Private Health Insurance (Council
Administration Levy) Bill 2003;
§ Private Health Insurance (Collapsed
Organization Levy) Bill 2003;
§ Private Health Insurance (ACAC Review
Levy) Bill 2003; and
§ Private Health Insurance (Reinsurance
Trust Fund Levy) Bill 2003.
This Bill amends the National Health Act
1953 making changes ancillary to, or consequential to, the reimposition of
four private health insurance industry levies.
The reimposition effects a
technical change in process. The changes effectively repeal the existing levy
mechanisms replacing them having regard to section 55 of the Constitution.
While the levies will still be administered by the Council, the money collected
under the levies will be placed into the consolidated revenue fund and then
appropriated for the purposes of those levies.
These levies only apply to
the private health insurance industry. Only registered health benefits
organizations are required to meet liabilities imposed via the levies. The
purpose of the reimposition of the levies is not to increase the financial
burden on the private health insurance industry. This proposal does not involve
a change in policy but rather corrects a technical defect to ensure that the
legislation functions as intended.
Doubt in relation to the validity of
the levies has the potential to substantially reduce or impede Council in
undertaking its functions including the prudential regulation of the private
health insurance industry. Given the role of Council its financial basis should
not be compromised by doubt in relation to section 55 of the
Constitution.
National Health Amendment (Private Health Insurance
Levies) Bill 2003
Amendments contained in the Bill
include:
§ Adding a range of definitions
consequential to the changes;
§ Repealing provisions previously imposing
the four levies;
§ Standing appropriations from the
consolidated revenue fund for each levy, for the purpose of each levy
respectively and for an amount equivalent to the amount collected under each
levy;
§ Clarifying the time for paying the levies
and late payment penalties;
§ Clarifying that a levy or a late payment
penalty are debts due to the Commonwealth and are recoverable by Council as a
debt by action in a Court of appropriate
jurisdiction;
§ Specifying the circumstances in which a
late payment penalty may be waived;
§ Specifying the circumstances in which the
collapsed fund levy and the late payment penalty in respect of that levy may be
waived;
§ Specifying the kind of information that
has to be provided to Council or kept by a registered health benefits
organization;
§ Specifying when an authorised officer may
enter premises and search for documents;
§ Providing the right of appeal to the
Administrative Appeals Tribunal for review of a decision by the Council not to
waive or to waive only part of an amount of a late payment
penalty;
§ Providing the right of appeal to the
Administrative Appeals Tribunal for review of a decision by the Minister not to
waive or to waive only a part of a collapsed organization levy
amount;
§ The addition of the power for regulations
to be made in relation to: the methods for paying a private health insurance
levy or a late payment penalty; the extension of the payment day for a levy; and
the refund or other application of a levy or late payment penalty that is
overpaid; and
§ Savings provisions for principles
determined by the Minister in relation to the Reinsurance Trust Fund, in
particular the calculation of the amounts to be paid into the Reinsurance Trust
Fund by the registered health benefits organizations.
The National Health Amendment (Private Health Insurance Levies) Bill 2002
will not have any significant impact upon the finances of the Commonwealth.
NOTES ON CLAUSES
This clause provides that upon enactment this Act may be cited as the
National Health Amendment (Private Health Insurance Levies) Act
2003.
This clause provides for the commencement of the Act on 1 July 2004 to
enable a seamless transition in the reimposition of the four reimposed levies
between financial years.
This clause provides that each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned. Any other item in a Schedule to this Act has effect
according to its terms.
National Health Act 1953
This clause amends section 4 of the National Health Act 1953 by
inserting a definition of ACAC. ACAC is defined as an Acute Care Advisory
Committee established under section 3B of the Health Insurance Act
1973.
This item amends section 4 of the National Health Act 1953 by
inserting a definition of ACAC review levy. ACAC review levy is defined as an
ACAC review levy imposed on registered health benefits organizations under
section 6 of the ACAC Review Levy Act..
This item amends section 4 of the National Health Act 1953 by
inserting a definition of ACAC Review Levy Act. ACAC Review Levy Act means the
Private Health Insurance (ACAC Review Levy) Act 2003.
Item 4:
Subsection 4(1)
This item amends section 4 of the National Health
Act 1953 by inserting a definition of collapsed organization levy.
Collapsed organization levy is defined as a collapsed organization levy imposed
on registered health benefits organizations under section 7 of the Collapsed
Organization Levy Act.
Item 5: Subsection 4(1)
This item
amends section 4 of the National Health Act 1953 by inserting a
definition of Collapsed Organization Levy Act. Collapsed Organization Levy Act
means the Private Health Insurance (Collapsed Organization Levy) Act
2003.
Item 6: Subsection 4(1)
This item amends section
4 of the National Health Act 1953 by inserting a definition of Council
administration levy. Council administration levy is defined as a Council
administration levy imposed on registered health benefits organizations under
section 6 of the Council Administration Levy Act.
Item 7: Subsection
4(1)
This item amends section 4 of the National Health Act
1953 by inserting a definition of Council Administration Levy Act. Council
Administration Levy Act means the Private Health Insurance (Council
Administration Levy) Act 2003.
Item 8: Subsection
4(1)
This item amends section 4 of the National Health Act
1953 by inserting a definition of Health Benefits Reinsurance Trust Fund.
Health Benefits Reinsurance Trust Fund is defined as the Health Benefits
Reinsurance Trust Fund established by subsection 73BC(2) of the National
Health Act 1953.
Item 9: Subsection 4(1)
This item
amends section 4 of the National Health Act 1953 by inserting a
definition of late payment penalty. Late payment penalty is defined as a
penalty payable under new section 83C of the National Health Act
1953.
Item 10: Subsection 4(1)
This item amends
section 4 of the National Health Act 1953 by inserting a definition of
Levy Act. Levy Act is defined as the:
§ Council Administration Levy Act;
or
§ Collapsed Organization Levy Act;
or
§ ACAC
Review Levy Act; or
§ Reinsurance Trust Fund Levy
Act.
Item 11: Subsection 4(1)
This item amends section 4
of the National Health Act 1953 by inserting a definition of collapsed
organization levy amount. A collapsed organization levy amount means a
collapsed organization levy or a late payment penalty in respect of an unpaid
amount of that levy.
Item 12: Subsection 4(1)
This item
amends section 4 of the National Health Act 1953 by inserting a
definition of private health insurance levy. Private health insurance levy is
defined as:
§ an ACAC review levy;
or
§ a
collapsed organization levy; or
§ a Council administration levy;
or
§ a
Reinsurance Trust Fund levy.
Item 13: Subsection 4(1)
This
item amends section 4 of the National Health Act 1953 by inserting a
definition of Reinsurance Trust Fund levy. Reinsurance Trust Fund levy is
defined as a Reinsurance Trust Fund levy imposed on registered health benefits
organizations under section 6 of the Reinsurance Trust Fund Levy
Act.
Item 14: Subsection 4(1)
This item amends section 4
of the National Health Act 1953 by inserting a definition of Reinsurance
Trust Fund Levy Act. Reinsurance Trust Fund Levy Act means the Private
Health Insurance (Reinsurance Trust Fund Levy) Act 2003.
Item 15:
After section 73ABB
This item relocates a condition of registration
from section 73BC(6) to the new section 73ABBA to the National Health Act
1953. The new section 73ABBA provides that it is a condition of a
registration for registered health benefits organizations that the organization
pay any Reinsurance Trust Fund levy or late payment penalty in respect of that
levy. Participation in the Reinsurance Trust Fund supports community rating and
helps protect health funds and high cost contributors. By retaining this
condition registered health benefits organizations are put on notice as to the
importance of participation and it enables the application of a range of
sanctions should there be non-compliance.
Item 16: Subsection
73BC(1)
This item makes consequential amendments to subsection
73BC(1) of the National Health Act 1953 to clarify the purpose of section
73BC. The new provision provides for the establishment of the Health Benefits
Reinsurance Trust Fund and for payments to be made into the Health Benefits
Reinsurance Trust Fund by registered health benefits organizations by way of the
Reinsurance Trust Fund levy and late payment penalties in respect of unpaid
amounts of that levy.
The new subsection notes that section 73BC enables
payments to be made from the Health Benefits Reinsurance Trust Fund to
registered health benefits organizations for the purpose of reallocating the
amounts of benefits paid by the organizations.
The clause also notes that
the Commonwealth, States and Territories may make payments into the
Fund.
Item 17: Subsection 73BC(5)(b)
This item replaces
the previous paragraph 73BC(5)(b) of the National Health Act 1953 and
substitutes it with a new paragraph 73BC(5)(ba) of the National Health Act
1953.
The substitute paragraph provides for payments to be made into
the Fund that are equal to amounts levied against the registered health benefits
organizations via the Reinsurance Trust Fund levy.
The new paragraph
provides for payments to be made into the Fund that are equal to the amounts
required to be paid by a registered health benefits organization as a late
payment penalty in respect of unpaid monies in relation to the Reinsurance Trust
Fund levy.
Item 18: Subsection 73BC(5)
This item inserts a
new subsection 73BC(5AA) after subsection 73BC(5). The new subsection provides
for a standing appropriation of funds from the Consolidated Revenue Fund for the
purposes of paragraphs 73BC(5)(b) and 73BC(5)(ba) of the National Health Act
1953. Amounts appropriated are amounts equal to that levied or paid by way
of late payment penalty.
Item 19: Paragraph
73BC(5C)(a)
This item replaces paragraph 73(5C)(a) of the National
Health Act 1953 and substitutes it with a new paragraph 73BC(5C)(a). The
new paragraph is a consequential amendment enabling the principles made in
relation to the Health Benefits Reinsurance Trust Fund to be remade taking into
account the changes in the levy process.
The new paragraph will require
the principles made in relation to the Health Benefits Reinsurance Trust Fund to
include the principles for determining the rate of the Reinsurance Trust Fund
levy.
Item 20: Subsections 73BC(6) to (11)
This item
repeals subsections 73BC(6) to 73BC(11) of the National Health Act 1953
inclusive as the issues dealt with under these subsections are dealt with
elsewhere.
Item 21: Subsection 73BC(13)
This item inserts
an additional definition in subsection 73BC(13) of the National Health Act
1953 defining levy day for the purposes of section 73BC of the National
Health Act 1953.
Levy day is defined
as:
§ A
Reinsurance Trust Fund levy day as specified in the regulations made for the
purposes of section 6 of the Reinsurance Trust Fund Levy Act;
or
§ A
supplementary Reinsurance Trust Fund levy day as specified in a determination by
the Minister made under section 6 of the Reinsurance Trust Fund Levy
Act.
Item 22: Paragraphs 82G(1)h) and (j)
This item
provides for the repeal of paragraphs 82G(1)(h) and 82G(1)(j) of the National
Health Act 1953.
This removes the previous imposition of the Council
administration levy and the collapsed organization levy via the National
Health Act 1953.
Item 23: At the end of Part VIAA
This
item provides adds a new Division 8 – Finance at the end of Part VIAA of
the National Health Act 1953 and a new section 82PO. Section 82PO
contains a standing appropriation of monies from the Consolidated Revenue Fund
to Council for amounts equal to the money collected via the reimposition of
the:
• ACAC review levy, or
• collapsed organization
levy; or
• Council administration levy; and
• associated late
payment penalties.
Item 24: After Part VIC
This item
provides for the addition of a new Part VID – Private health insurance
levy, after Part VIC of the National Health Act 1953.
Section 83A – Guide to this Part
Subsection 83A(1) provides that Part VID contains provisions
relating to the administration of private health insurance levies imposed on
registered health benefits organizations by a Levy Act.
Subsection 83A(2)
establishes a table setting out the location of various provisions dealing with
a range of issues.
Section 83B – When private health insurance levy must be
paid
Subsection 83B(1) provides that a private health insurance levy
becomes due and payable by a registered health benefits organization on the
payment day as set out in the table provided in subsection 83B(1) entitled:
“Payment day for private health insurance levy”.
Subsection
83B(2) provides that before making a determination in relation to supplementary
levy or collapsed organization levy the Minister must obtain, and take into
account, advice from the Council in relation to the day that is to be specified
in the determination.
Subsection 83B(3) provides that advice given to the
Minister in relation to the collapsed organization levy must be tabled in each
House of Parliament with the determination.
Subsection 83B(4) provides
that a determination made under item 2,3 or 5 of the table in subsection 83B(1)
is a disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
The Levy Acts contain further detail
regarding the requirements which must be met in relation to the imposition of
private health insurance levies.
Section 83C – Late payment
penalty
Subsection 83C(1) provides that if a private health insurance
levy remains wholly or partly unpaid by a registered health benefits
organization after it becomes due the organization is liable to pay a late
payment penalty.
Subsection 83C(2) provides for the calculation of a late
payment penalty. The late payment penalty is
calculated:
§ at the prescribed rate;
and
§ on the
unpaid amount of the levy; and
§ for the
period:
• starting when the levy becomes due and
payable; and
• ending when the levy, and the
penalty payable under this section, have been paid in full.
The inclusion
of a late payment penalty is important to ensure compliance with the payment
requirements of these levies.
Section 83D – Payment of levy and
late payment penalty
This section provides that a private health
insurance levy that is due and payable and any late payment penalty must be paid
to the Council.
Section 83E – Recovery of levy and late
payment penalty
Section 83E provides that a private health insurance
levy that is due and payable or a late payment penalty is a debt due to the
Commonwealth and may be recovered by the Council, on behalf of the Commonwealth,
by action in a court of competent jurisdiction.
Section 83F –
Council may waive late payment penalty in respect of certain
levies
Section 83F provides that if a late payment penalty is payable
by a registered health benefits organization in relation to an unpaid amount of
ACAC review levy, Council administration levy, or Reinsurance Trust Fund levy,
the Council may waive the whole or part of the late payment penalty if the
Council considers that there are good reasons for doing so.
Section
83G – Waiver of collapsed organization levy and late payment penalty in
respect of that levy
Section 83G enables registered health benefits
organizations to apply for the waiver of a payable collapsed organization levy
amount. The application must be in writing and in the approved
form.
Subsection 83G(3) provides that the Minister may, on behalf of the
Commonwealth, waive the whole or part of a collapsed organization levy amount if
the Minister is satisfied that payment of the amount by the organization would
have a significant adverse affect on the organization’s ability to comply
with:
§ the solvency requirements;
or
§ the
capital adequacy requirements.
Subsection 83G(4) provides that before the
Minister may make a decision to waive an amount under subsection 83G(3) the
Minister must obtain, and take into account, advice from the Council as to
whether to waive the collapsed organization levy amount.
Subsections
83G(5) and (6) provide that the Minister must notify the organization in writing
of the Minister’s decision within 28 days of the decision being
made.
Subsection 83G(7) provides definitions of capital adequacy
requirements, capital adequacy standard, solvency requirements and solvency
standard.
It is considered important that the application of the
collapsed organization levy, or an associated late payment penalty, does not
itself result in a registered health benefits organization breaching prudential
requirements.
Section 83H – Returns must be lodged with
Council
Subsection 83H(1) provides that for each census day for an
ACAC review levy, a collapsed organization levy or a Council administration levy
a registered health benefits organization must lodge a return to the
Council.
Subsection 83H(2) provides that the return to Council
must:
§ be in a form approved by
Council;
§ be lodged within 28 days after a census
day; and
§ set out the following
information:
• the number of contributors who, on
the census day, contribute to the health benefits fund conducted by the
organization;
• the number of contributors who,
on that day, contribute to the health benefits fund conducted by the
organization in respect of one person;
• the
number of contributors who, on that day, contribute to the health benefits fund
conducted by the organization in respect of more than one
person;
• any other prescribed matter relating to
the setting of the rate of a ACAC review levy, collapsed organization levy or
Council administration levy; and
§ be accompanied by a statutory declaration
that verifies the information contained in the return.
Subsection 83H(3)
provides that a registered health benefits organization commits an offence if
the organization fails to lodge the return required by subsection 83H(1). The
penalty for the offence is 60 penalty units. The definition of penalty units is
set out in section 4AA of the Crimes Act 1914.
Subsection 83H(4)
provides that the offence created in subsection 83H(3) is an offence of strict
liability. It is noted that the definition of strict liability is set out in
section 6.1 of the Criminal Code.
Subsection 83H(5) provides a
definition of census day for each levy.
The inclusion of an offence
provision is important to ensure compliance with the payment requirements of
these levies.
Records to be kept by an organization
Subsection 83I(1)
provides that a registered health benefits organization must keep records that
are relevant to:
§ whether the registered health benefits
organization is liable to pay a private health insurance levy;
or
§ the
amount of the private health insurance levy that the registered health benefits
organization is liable to pay.
Subsection 83I(2) provides that the
records must be kept in:
§ an electronic form;
or
§ a form
approved by the Council.
Records to be retained for a certain
period
Subsection 83I(3) provides that the records must be retained
for a period of seven years (or a shorter period if prescribed by the
regulations) starting on the later of:
§ the day on which the records were created;
or
§ the day
on which this Act commences.
Offences
Subsection 83I(4)
provides that a registered health benefits organization commits an offence if
the organization fails to:
• keep the
records; or
• keep the record in the form
required by subsection 83I(2); or
• retain the
records for the period required by subsection 83I(3).
The penalty for the
offence is 60 penalty units. The definition of penalty units is set out in
section 4AA of the Crimes Act 1914.
Subsection 83I(5) provides
that the offence created in subsection 83I(4) is an offence of strict
liability.
Subsection 83I(6) provides that nothing in section 83H is to
be taken as having retrospective effect.
The inclusion of an offence
provision is important to ensure compliance with the payment requirements of
these levies.
Section 83J – Council may request information
from organization
Subsection 83J(1) provides that if the Council
believes on reasonable grounds that a registered health benefits organization is
capable of providing Council with information that is relevant
to:
• whether the organization is liable to pay a private health
insurance levy; or
• the amount of the levy that the organization is
liable to pay;
the Council may request that the information be provided
to it.
Subsection 83J(2) provides that the information able to be
requested includes (but is not limited to) a record or a copy of a record kept
under section 83H.
Subsection 83J(3) provides that the
request:
• must be made in writing;
and
• must be served on the public officer of the
organization; and
• must state what information
must be given to the Council; and
• may require
the information to be verified by statutory declaration;
and
• must specify the day on or before which the
information must be given; and
• must specify the
manner in which the information must be given;
and
• must contain a statement to the effect that
a failure to provide information in accordance with the request is an
offence.
The day on or before which the information must be given must be
at least 14 days after the day on which the request was made.
Subsection
83J(4) provides that a registered health benefits organization commits an
offence if the organization fails to comply with a request under section 83J.
The penalty for the offence is 60 penalty units. The definition of penalty
units is set out in section 4AA of the Crimes Act 1914.
Subsection
83J(5) provides that the offence created in subsection 83J(4) is an offence of
strict liability.
The inclusion of an offence provision is important to
ensure compliance with the payment requirements of these levies.
The inclusion of a power to enter premises and search for documents is
important to ensure compliance with the payment requirements of these levies.
Section 83K – Definitions
Section 83K establishes a
number of definitions for the purpose of Division 4 – Power to enter
premises and search for documents.
Terms defined
are:
§ authorised officer: means a person
who is a member of staff of the Council and authorised in writing by the
Minister for the purposes of Division 4 – Power to enter premises and
search for documents;
§ levy-related documents: means any
document (including a copy of a document) that contains information relevant to
a registered health benefits organization’s liability to pay a private
health insurance levy or the amount of that levy that the organization is liable
to pay;
§ occupier: in relation to premises
means:
• the person in charge or control, or
apparently in charge or in control, of the premises;
or
• a person who represents, or apparently
represents, that person.
§ premises: includes the
following:
• a structure, building, vehicle or
vessel;
• a place (whether enclosed or built
on);
• a part of a thing referred to
above.
§ search powers: means in relation
to levy-related documents the power to search for, inspect, take extracts from
and make copies of, levy related documents;
§ warrant: means a warrant issued
under section 83M.
Section 83L – Authorised officer may enter
premises
Section 83L provides that an authorised officer may enter
premises for the purpose of exercising search powers in relation to levy-related
documents if:
§ the occupier of the premises consents to
the entry; and
§ the officer shows the occupier his or her
identity card.
Subsection 83L(2) provides that before obtaining consent
the authorised officer must inform the occupier that he or she may refuse
consent.
Subsection 83L(3) provides that entry in an unauthorised officer
with the consent of the occupier is not lawful if the consent of the occupier is
not voluntary.
Subsection 83L(4) provides that the authorised officer
must leave the premises if the occupier asks the officer to do
so.
Section 83M – Authorised officer may enter premises under
warrant
Subsection 83M(1) provides that if an authorised officer has
reason to believe that there are levy-related documents on particular premises,
the officer may apply to a magistrate for a warrant authorising the officer to
enter the premises for the purpose of exercising search powers in relation to
the documents.
Subsection 83M(2) provides that if the magistrate is
satisfied by information given on oath or affirmation that there are reasonable
grounds for believing that there are levy-related documents on the premises, the
magistrate may issue a warrant.
Subsection 83M(3) provides that the
warrant must:
§ authorise one or more authorised officers
to enter the premises for the purposes of exercising search powers in relation
to levy-related documents; and
§ state whether the entry is authorised at
any time of the day or night or during specified hours of the day or night;
and
§ authorise officers to use such assistance
and force as is necessary and reasonable to enter the premises for the purpose
of exercising the search power in relation to levy-related
documents.
Section 149.1 of the Criminal Code makes an offence to
obstruct a Commonwealth public official in the performance of the
official’s functions.
Subsection 83M(4) provides that the
authorised officer(s) do not have to be named in the warrant.
Section 83N provides that an authorised officer must, before entering a
premises under warrant:
§ announce that he or she is authorised to
enter the premises; and
§ give any person on the premises an
opportunity to allow entry to the premises without the use of assistance and
force.
Section 83O – Executing a warrant to enter
premises
Circumstances in which this section
applies
Subsection 83O(1) provides that this section operates
if:
§ a
warrant is being executed by an authorised officer in respect of premises;
and
§ the
occupier of the premises is present.
Obligations of authorised officer
executing a warrant
Subsection 83O(2) provides that the authorised
officer must:
§ make a copy of the warrant available to
the occupier; and
§ show the occupier his or her identity
card; and
§ inform the occupier of his or her rights
and responsibilities under subsections 83O(3) to (7)
inclusive.
Persons entitled to observe execution of
warrant
Subsections 83O(3) to (7) respectively
provide:
§ For the occupier or person nominated by
the occupier to observe the execution of the
warrant;
§ That the right of observation ceases if
the occupier or their nominee impedes the execution of the
warrant;
§ That subsection 83O(3) does not prevent
the execution of the warrant in 2 or more areas of the premises at the same
time;
§ The
occupier must provide the authorised officer and any person(s) assisting the
authorised officer with all reasonable facilities and assistance for the
effective exercise of their powers under the
warrant.
§ An occupier commits an offence if the
occupier fails to comply with subsection 83O(6). The penalty for such an
offence is 10 penalty units. The definition of penalty units is set out in
section 4AA of the Crimes Act 1914.
Subsection 83O(8) provides
that the offence created in subsection 83O(7) is an offence of strict
liability.
Section 83P – Identity cards
Section 83P
provides that for the purposes of this Division the Council must issue an
identity card to an authorised officer in a form approved by the Council. The
identity card must contain a recent photograph of the authorised
officer.
Subsection 83P(2) provides that a person commits an offence
if:
§ the person has been issued with an
identity card;
§ the person ceases to be an authorised
officer; and
§ the person does not, as soon as
practicable after so ceasing, return the identity card to Council. The penalty
for such an offence is 1 penalty unit.
Subsection 83P(3) provides that
the offence is an offence of strict liability.
Subsection 83P(4) provides
that an authorised officer must carry the identity card at all times when
exercising powers or performing functions under this Division as an authorised
officer.
Item 25: Section 83
This item provides for the
renumbering of section 83 of the National Health Act 1953 to section 83Z
of the National Health Act 1953.
Item 26: Subsection
92A(1)
This item provides for the omission of the reference to
section 83 in subsection 92A(1) of the National Health Act 1953,
substituting it with section 83Z.
Item 27: After subsection
105AB(6AB)
This item provides that an application may be made to the
Administrative Appeals Tribunal for review of a decision by the Council or the
Minister under subsections 83F(2) and 83G(3) not to waive, or to waive only part
of, an amount of late payment penalty.
Item 28: At the end of section
140
This item adds, at the end of section 140 of the National
Health Act 1953 that regulations may be made in relation
to:
§ the methods for paying a private health
insurance levy or a late payment penalty; and
§ the extension of the payment day for a
private health insurance levy; and
§ the refund, or other application, of a
private health insurance levy, or late payment penalty, that is
overpaid.
Item 29 – Saving of existing Ministerial
principles
Item 29 applies if the principles determined by the
Minister under subsection 73BC(5B) of the National Health Act 1953 were
in force immediately before the day on which this Act receives Royal Assent and
the principles were principles for determining the method of, and the matters to
be taken into account in, calculating the amounts to be paid into the
Reinsurance Trust Fund by registered health benefits organizations.
If
Item 29 applies Item 29(2) provides that the principles continue in force
despite the amendment made by Item 19 of the Schedule to section 73BC of the
National Health Act 1953, and apply for the purpose of determining the
rate of Reinsurance Trust Fund levy imposed on a levy day but only until the
principles are varied under that section.
Item 29(3) provides for a
number of definitions to be used within Item 29 only.