Document ID: chunk:federal_register_of_legislation:F2024C01211:reg:7:p1
Version: federal_register_of_legislation:F2024C01211
Segment Type: reg
Provision Reference: reg 7 (pt 1/3)
Character Range: 3694–6192

7  Rate of levy—other joint replacement devices
 (1) For item 1 of the table in subsection 7(1) of the Act, the rate of levy for a levy day for the recording on the register of the provision of a joint replacement device (other than a hand articulation medical device or a foot articulation medical device) is worked out under subsections (2) and (3).

Step 1—rate of levy if base amount equals or exceeds $5 000
 (2) The rate of levy for the joint replacement device for the levy day is $5 000 if the amount (the base amount) worked out for the joint replacement device for the levy day using the following formula equals or exceeds $5 000:

Step 2—rate of levy if base amount is less than $5 000
 (3) If the base amount under subsection (2) for the joint replacement device for the levy day is less than $5 000, the rate of levy for the joint replacement device (the relevant joint replacement device) for the levy day is the lesser of $5 000 and the amount worked out for the relevant joint replacement device for the levy day using the following formula:
where:
adjusted total benefit amount means:
 (a) the total benefit amount for the levy day; less
 (b) the sum of each device benefit amount for the levy day for joint replacement device for which:
 (i) the base amount for the levy day exceeds the base amount for the relevant joint replacement device for the levy day; and
 (ii) the rate of levy worked out under subsection (2) or this subsection for the levy day equals or exceeds $5 000.
n means the number of joint replacement devices for the levy day for which:
 (a) the base amount for the levy day exceeds the base amount for the relevant joint replacement device for the levy day; and
 (b) the rate of levy worked out under subsection (2) or this subsection for the levy day equals or exceeds $5 000.

Definitions
 (4) In this section:
device benefit amount for a joint replacement device for a levy day means the amount worked out by multiplying:
 (a) the number of recordings on the register of the provision of the joint replacement device during the financial year ending before the levy day (being recordings made on or before the 30 September before the levy day); by
 (b) the minimum benefit for the joint replacement device set out, or worked out using the method set out, in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules, as in force immediately before the levy day, made for the purposes of item 4 of the table in subsection 72‑1(2) of the