(1)

A registered health benefits organization is an exempt organization in relation to a levy determination if:

(a) it is the collapsed organization; or
(b) the Minister determines in writing that the organization is an exempt organization.

(2)

The Minister may determine that an organization is an exempt organization in relation to a levy determination if he or she is satisfied that imposing the collapsed organization levy on the organization would have a significantly adverse affect on the organization's ability to comply with:

(a) the solvency requirements; or
(b) the capital adequacy requirements.

(3)

A determination under paragraph (1)(b) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .