Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In the application of the provisions of Division 6 of Part 5.3A of Chapter 5 of the Corporations Act 2001 in relation to the protection, during the external management of a health benefits fund, of the property of the fund, the provisions of that Division are taken not to include section 440A.
(2) In determining, for the purposes of section 440D of the Corporations Act 2001 as so applying, whether the external manager should consent to, or the court should give leave for, a person's beginning or continuing legal proceedings, the external manager or the court must have regard to whether:
(a) the proceedings do, or do not, relate to any property of the fund under external management; and
(b) the proceedings would, or would not, be materially detrimental to the interests of the policy holders of the fund.