Document ID: chunk:federal_register_of_legislation:C2025C00097:section:5:p48
Version: federal_register_of_legislation:C2025C00097
Segment Type: section
Provision Reference: s 5 (pt 48/56)
Character Range: 203539–206206

good reasons for doing so.
 (2) *APRA may waive the whole or part of an amount of *late payment penalty in respect of an unpaid amount of *risk equalisation levy if APRA considers that there are good reasons for doing so.

307‑30  Other matters
 (1) The Private Health Insurance (Levy Administration) Rules may, in relation to *private health insurance levy or *late payment penalty, provide for, or for matters relating to, any or all of the following:
 (a) methods for payment;
 (b) extending the time for payment;
 (c) refunding or otherwise applying overpayments.
 (2) The Private Health Insurance (Levy Administration) Rules may specify persons who are liable to pay *medical devices and human tissue products levy.

Division 310—Returns, requesting information and keeping records: private health insurers

310‑1  Returns relating to complaints levy
 (1) A private health insurer must lodge a return for each day that, under the Private Health Insurance (Complaints Levy) Act 1995, is a census day.
 (3) The return must:
 (a) be in the *approved form; and
 (b) be lodged with the Secretary of the Department within 28 days after the census day.
 (4) A private health insurer commits an offence if the insurer fails to lodge the return.
Penalty: 60 penalty units.
 (5) Strict liability applies to subsection (4).
Note: For strict liability, see section 6.1 of the Criminal Code.

310‑5  Insurer must keep records
 (1) A private health insurer must keep all records that are relevant to either or both of following:
 (a) whether the insurer is liable to pay a *private health insurance levy;
 (b) the amount of the private health insurance levy that the insurer is liable to pay.
 (2) The records must be kept in:
 (a) an electronic form; or
 (b) another form approved by:
 (i) the Secretary of the Department, if the records relate to *complaints levy; or
 (ii) *APRA, if the records relate to *risk equalisation levy.
 (3) The records must be retained for a period of 7 years (or a shorter period allowed by the Private Health Insurance (Levy Administration) Rules) starting on the later of:
 (a) the day on which the records were created; or
 (b) 1 July 2004.
 (4) A private health insurer commits an offence if the insurer fails to:
 (a) keep the records; or
 (b) keep the records in the form required by or under subsection (2); or
 (c) retain the records for the period required by or under subsection (3).
Penalty: 60 penalty units.
 (5) Strict liability applies to subsection (4).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (6) Nothing in this section is to be taken to have required an insurer to do an act or thing before the day