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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Private Health Insurance (Collapsed
Insurer Levy) Amendment Bill 2015
No. , 2015
(Treasury)
A Bill for an Act to amend the Private Health
Insurance (Collapsed Insurer Levy) Act 2003, and
for related purposes
No. , 2015
Private Health Insurance (Collapsed Insurer Levy) Amendment Bill
2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Main amendments
3
Private Health Insurance (Collapsed Insurer Levy) Act 2003
3
Part 2--Other amendments
6
Private Health Insurance (Collapsed Insurer Levy) Act 2003
6
No. , 2015
Private Health Insurance (Collapsed Insurer Levy) Amendment Bill
2015
1
A Bill for an Act to amend the Private Health
1
Insurance (Collapsed Insurer Levy) Act 2003, and
2
for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Private Health Insurance (Collapsed
6
Insurer Levy) Amendment Act 2015.
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2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Private Health Insurance (Collapsed Insurer Levy) Amendment Bill
2015
No. , 2015
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
At the same time as section 1 of the Private
Health Insurance (Prudential Supervision)
Act 2015 commences.
3. Schedule 1,
Part 2
The later of:
(a) the commencement of the provisions
covered by table item 2; and
(b) the commencement of Part 1 of
Schedule 2 to the Norfolk Island
Legislation Amendment Act 2015.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
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3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments Schedule 1
Main amendments Part 1
No. , 2015
Private Health Insurance (Collapsed Insurer Levy) Amendment Bill
2015
3
Schedule 1
--Amendments
1
Part 1
--Main amendments
2
Private Health Insurance (Collapsed Insurer Levy) Act 2003
3
1 Section 5
4
Insert:
5
APRA means the Australian Prudential Regulation Authority.
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2 Section 5 (definition of collapsed insurer)
7
Repeal the definition, substitute:
8
collapsed insurer: a private health insurer is a collapsed insurer if
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at least one of the following paragraphs applies in relation to at
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least one of the insurer's health benefits funds:
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(a) APRA has approved the termination of the health benefits
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fund under section 37 of the Private Health Insurance
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(Prudential Supervision) Act 2015;
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(b) APRA has appointed an external manager of the health
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benefits fund under section 51 of the Private Health
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Insurance (Prudential Supervision) Act 2015;
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(c) the Federal Court of Australia has ordered the appointment of
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a terminating manager of the health benefits fund under
19
section 67 of the Private Health Insurance (Prudential
20
Supervision) Act 2015.
21
3 Section 5 (definition of Council)
22
Repeal the definition.
23
4 Section 5
24
Insert:
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health benefits fund has the same meaning as in the Private
26
Health Insurance Act 2007.
27
Schedule 1 Amendments
Part 1 Main amendments
4
Private Health Insurance (Collapsed Insurer Levy) Amendment Bill
2015
No. , 2015
5 Section 5 (definition of private health insurer)
1
Omit "Private Health Insurance Act 2007", substitute "Private Health
2
Insurance (Prudential Supervision) Act 2015".
3
6 At the end of section 7
4
Add:
5
(3) A determination specifying a collapsed insurer levy day must also
6
specify the payment day for levy imposed on that collapsed insurer
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levy day.
8
Note:
The payment day is the day on which the levy is due and payable
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under Part 3B of the Financial Institutions Supervisory Levies
10
Collection Act 1998.
11
7 Paragraphs 8(2)(a) and (b)
12
Repeal the paragraphs, substitute:
13
(a) a prudential standard (within the meaning of the Private
14
Health Insurance (Prudential Supervision) Act 2015) relating
15
to capital adequacy or solvency that applies in relation to the
16
insurer; or
17
(b) a direction given to the insurer under section 96 of that Act.
18
8 Section 10 (heading)
19
Repeal the heading, substitute:
20
10 Minister to obtain advice from APRA
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9 Subsection 10(1)
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Omit "the Council", substitute "APRA".
23
10 After paragraph 10(1)(c)
24
Insert:
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(ca) the day that is to be specified as the payment day in relation
26
to a collapsed insurer levy day;
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11 Subsection 10(2)
28
Omit "the Council", substitute "APRA".
29
Amendments Schedule 1
Main amendments Part 1
No. , 2015
Private Health Insurance (Collapsed Insurer Levy) Amendment Bill
2015
5
12 Section 11
1
Repeal the section.
2
13 Subsection 12(2)
3
Omit "the Council", substitute "APRA".
4
14 Transitional
--continued effect of determinations relating
5
to collapsed insurer levy
6
A determination in force immediately before the commencement of this
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item under section 7, 8 or 9 of the Private Health Insurance (Collapsed
8
Insurer Levy) Act 2003 has effect after that time as if it had been made
9
in accordance with that Act as amended by this Act.
10
Schedule 1 Amendments
Part 2 Other amendments
6
Private Health Insurance (Collapsed Insurer Levy) Amendment Bill
2015
No. , 2015
Part 2
--Other amendments
1
Private Health Insurance (Collapsed Insurer Levy) Act 2003
2
15 Section 4
3
After "extends to", insert "Norfolk Island, to".
4