Document ID: chunk:federal_register_of_legislation:C2023A00008:clause:2_4:p1
Version: federal_register_of_legislation:C2023A00008
Segment Type: clause
Provision Reference: sch 2 cl 4 (pt 1/2)
Character Range: 11216–13977

4  Sections 72‑15 and 72‑20
Repeal the sections, substitute:

72‑15  Fees for certain activities
 (1) The Private Health Insurance (Medical Devices and Human Tissue Products) Rules may specify fees (cost‑recovery fees) that may be charged in relation to activities carried out by, or on behalf of, the Commonwealth in connection with the performance of functions, or the exercise of powers, conferred by or under this Act in relation to the list of kinds of *medical devices and *human tissue products in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules.
 (2) Without limiting subsection (1), the Private Health Insurance (Medical Devices and Human Tissue Products) Rules may do any of the following:
 (a) specify 2 or more *cost‑recovery fees for the same matter;
 (b) specify a method for working out a cost‑recovery fee;
 (c) specify the circumstances in which a specified cost‑recovery fee is payable, including by providing that the fee is payable if the Minister is satisfied of specified matters;
 (d) specify the circumstances in which a person is exempt from paying a specified cost‑recovery fee;
 (e) specify the circumstances in which the Minister may waive a cost‑recovery fee.
 (3) A *cost‑recovery fee specified under this section must not be such as to amount to taxation.

72‑20  Delisting because of unpaid fees or levy
 (1) The Minister may remove a kind of *medical device or *human tissue product from the list in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules if:
 (a) a person is liable to pay a *cost‑recovery fee in connection with the kind of medical device or human tissue product; and
 (b) the person fails to pay that fee in accordance with those Rules.
Note: Matters relating to payment of cost‑recovery fees, such as the time for payment, may be specified in Private Health Insurance (Medical Devices and Human Tissue Products) Rules (see sections 72‑30 and 72‑45).
 (2) The Minister may remove a kind of *medical device or *human tissue product from the list in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules if:
 (a) a person is liable to pay *medical devices and human tissue products levy in respect of the ongoing listing of the kind of medical device or human tissue product; and
 (b) the person fails to pay the levy in accordance with the Private Health Insurance (Levy Administration) Rules.
Note: Matters relating to payment of the levy, such as the time for payment, may be specified in Private Health Insurance (Levy Administration) Rules (see sections 307‑1 and 307‑30).

72‑25  Minister may direct that activities not be carried out
 (1) This section applies if:
 (a) a person (the debtor) is liable to pay a *cost‑recovery