Commonwealth Numbered Acts Commonwealth Numbered ActsPrivate Health Insurance Act 2007
1 Paragraph 84‑1(1)(b)
Repeal the paragraph, substitute:
(b) the insurance under the policy, or under a policy in the product, is * health insurance business; and
2 Paragraph 84‑1(1)(c)
Omit "policy.", substitute "policy; and".
3 After paragraph 84‑1(1)(c)
Insert:
(d) the * health insurance business is not business of a kind specified in the Private Health Insurance (Complying Product) Rules as excluded from subsection 63‑1(1).
4 Subsection 126‑20(4)
After "discrimination", insert "in relation to the applicant's * complying health insurance policies".
4A Subsection 270‑45(4)
Omit "The * member", substitute "Unless the Minister or the Council otherwise determines, the * member".
4B At the end of section 270‑45
Add:
(5) For the purposes of the Council making a determination under subsection (4) in relation to a * member who has made a disclosure under subsection (1), a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates must not:
(a) be present during any deliberations of Council for the purposes of making the determination; or
(b) take part in the making by the Council of the determination.
Part 2 -- Transitional provisions
5 Transitional provision in relation to health cover for overseas visitors
(1) This item applies in relation to business that, at any time in the period starting on 1 April 2007 and ending on 30 June 2008 (the transition period ), is covered by subrule 17(2) of the Private Health Insurance (Health Insurance Business) Rules made under the Private Health Insurance Act 2007 .
(2) During the transition period, sections 63‑1 and 84‑1 of the Private Health Insurance Act 2007 do not apply in relation to insurance that is that kind of business.
6 Certain business taken to be health insurance business for certain purposes during transition period
For the purposes of:
(a) paragraphs 12BAA(7)(d) and (8)(b) of the Australian Securities and Investments Commission Act 2001 ; and
(b) paragraph 765A(1)(c) of the Corporations Act 2001 ; and
(c) paragraph (k) of the definition of insurance business in subsection 3(1) of the Insurance Act 1973 ; and
(d) paragraph 9(1)(b) of the Insurance Contracts Act 1984 ;
business that, at any time during the period starting on the day this item commences and ending on 30 June 2008, is covered by rule 18 of the Private Health Insurance (Health Insurance Business) Rules made under the Private Health Insurance Act 2007 is, during that period, taken to be health insurance business.