Commonwealth Consolidated Acts

PRIVATE HEALTH INSURANCE ACT 2007 - SECT 217.5

             (1)  The * external management of a * health benefits fund is regulated:

                     (a)  by the provisions of this Division; and

                     (b)  by the provisions of Divisions 6, 7, 8, 10, 11, 13 and 16 of Part 5.3A of Chapter 5 of the Corporations Act 2001 and of Division 7A of Part 5.6 of that Chapter, all applying, so far as they are capable of so doing, subject to such modifications as are set out in:

                              (i)  this Act; or

                             (ii)  the Private Health Insurance (Health Benefits Fund Enforcement) Rules.

             (2)  Subject to this section, any provisions of a law of the Commonwealth, or a State or Territory, that, but for this section, would relate to the * external management of such a fund cease, by force of this section, to apply in relation to the fund.

             (3)  In the application of the provisions of the Corporations Act 2001 referred to in subsection (1) in relation to the * external management of a * health benefits fund, those provisions apply as if:

                     (a)  a reference to the company were a reference to the fund; and

                     (b)  a reference to the administrator were a reference to the * external manager of the fund appointed under this Act; and

                     (c)  a reference to the Court were a reference to the Federal Court.

             (4)  The Private Health Insurance (Health Benefits Fund Enforcement) Rules may provide for different modifications according to the nature of the * health benefits fund that is to be, or that is being, administered.