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PRIVATE HEALTH INSURANCE (PRUDENTIAL SUPERVISION) ACT 2015 - SECT 25

Inclusion of health - related businesses in health benefits funds

  (1)   If a private health insurer has a health benefits fund in respect of its health insurance business and some or all of its health - related businesses, the dominant purpose of the fund must relate to its health insurance business.

  (2)   If APRA is satisfied that a private health insurer is contravening subsection   (1):

  (a)   APRA may, by written notice to the insurer, give the insurer such directions relating to divesting the fund of health - related businesses as APRA considers necessary to ensure the insurer's compliance with subsection   (1); and

  (b)   the insurer must comply with those directions.

  (3)   APRA may, by written notice to a private health insurer, vary or revoke a direction given to the insurer under subsection   (2).

  (4)   A direction under subsection   (2) ceases to have effect if APRA revokes the direction.

  (5)   Sections   98, 101, 102 and 103 apply in relation to a direction under subsection   (2) as if:

  (a)   a reference in those sections to a direction under section   96 were a reference to a direction under subsection   (2) of this section; and

  (b)   the reference in subsection   101(3) to a direction of a kind referred to in paragraph   97(1)(l) were omitted.

Note:   The matters dealt with in the sections applied by this subsection are as follows:

(a)   section   98--power to comply with a direction;

(b)   section   101--a direction is not grounds for denial of obligations;

(c)   section   102--supply of information about directions;

(d)   section   103--secrecy requirements.


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