Document ID: chunk:federal_register_of_legislation:C2025C00097:section:5:p47
Version: federal_register_of_legislation:C2025C00097
Segment Type: section
Provision Reference: s 5 (pt 47/56)
Character Range: 201119–203756

(2) The Minister must obtain, and take into account, advice from *APRA in relation to the day that is to be specified as the payment day in a determination made under subparagraph (1)(a)(iv).

307‑5  Late payment penalty
 (1) If a *private health insurance levy remains wholly or partly unpaid by a person after it becomes due and payable, the person is liable to pay a late payment penalty under this section.
 (2) The *late payment penalty is calculated:
 (a) at the rate specified in the Private Health Insurance (Levy Administration) Rules (which must not be higher than 15%); and
 (b) on the unpaid amount of the levy; and
 (c) for the period:
 (i) starting when the levy becomes due and payable; and
 (ii) ending when the levy, and the penalty payable under this section, have been paid in full.

307‑10  Payment of levy and late payment penalty
 (1) The following must be paid to the Commonwealth:
 (a) a *complaints levy;
 (b) a *late payment penalty in respect of a complaints levy;
 (c) a *national joint replacement register levy;
 (d) a late payment penalty in respect of a national joint replacement register levy;
 (e) a *medical devices and human tissue products levy;
 (f) a late payment penalty in respect of a medical devices and human tissue products levy.
 (2) The following must be paid to *APRA, on behalf of the Commonwealth:
 (a) *risk equalisation levy;
 (b) *late payment penalty in respect of risk equalisation levy.
Note: These amounts are to be credited to the Risk Equalisation Special Account: see section 318‑5.

307‑15  Recovery of levy and late payment penalty
 (1) A *private health insurance levy that is due and payable is a debt due to the Commonwealth.
 (2) A *late payment penalty is a debt due to the Commonwealth.
 (3) An amount referred to in subsection (1) or (2) may be recovered as a debt by action in a court of competent jurisdiction by:
 (a) the Commonwealth, in respect of a debt payable to the Commonwealth under subsection 307‑10(1); or
 (b) *APRA (as agent of the Commonwealth), in respect of a debt payable under subsection 307‑10(2).

307‑20  Waiver of late payment penalty
 (1) The Minister may waive the whole or part of an amount of *late payment penalty in respect of an unpaid amount of:
 (a) *complaints levy; or
 (b) *national joint replacement register levy; or
 (c) *medical devices and human tissue products levy;
if the Minister considers that there are 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