Commonwealth Numbered Acts

PRIVATE HEALTH INSURANCE (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 2007 (NO. 32, 2007)

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Schedule(s)  
   4.      Definitions  

   PART 2--TRANSITIONAL PROVISIONS RELATING TO CHAPTER 2 OF THE NEW ACT

           Division 1--Premiums reduction and incentive payment schemes

   5.      Application of Part 2-2 of the new Act  
   6.      Application of the Private Health Insurance Incentives Act 1998 from the commencement time to repeal  
   7.      Continued application of section 11-50 of the Private Health Insurance Incentives Act 1998  

           Division 2--Lifetime health cover

   8.      Application of Part 2-3 of the new Act  
   9.      Calculating 10 years’ continuous cover under section 34-10 of the new Act  

   PART 3--TRANSITIONAL PROVISIONS RELATING TO COMPLYING HEALTH INSURANCE PRODUCTS

   10.     Status of existing applicable benefits arrangements and tables of ancillary benefits  
   11.     Premium requirement  
   12.     Benefit requirements: listing of no gap and gap permitted prostheses  
   13.     Waiting periods  
   14.     Quality assurance requirements  

   PART 4--TRANSITIONAL PROVISIONS RELATING TO CHAPTER 4 OF THE NEW ACT

           Division 1--Carrying on health insurance business

   15.     Hospitals  
   16.     Hospital treatment—outreach services  
   17.     Employee health benefits schemes  

           Division 2--Registration

   18.     Registered organizations taken to be private health insurers  
   19.     Registered organizations established for profit  
   20.     Restricted membership organizations  

           Division 3--Health benefits funds

   21.     Existing health benefits funds  
   22.     Applications for approval of mergers  

   PART 5--TRANSITIONAL PROVISIONS RELATING TO CHAPTER 5 OF THE NEW ACT

           Division 1--General enforcement methods

   23.     Continued application of Division 5 of Part VI of the National Health Act 1953  

           Division 2--Enforcement of health benefits fund requirements

   24.     Investigations into affairs of registered organizations  
   25.     Administration of funds and registered organizations  
   26.     Winding up of funds and registered organizations  

   PART 6--TRANSITIONAL PROVISIONS RELATING TO CHAPTER 6 OF THE NEW ACT

           Division 1--Private Health Insurance Ombudsman

              Subdivision A--Preliminary

   27.     Definitions  

              Subdivision AA--Conversion of Ombudsman from CAC to FMA body

   27A.    Conversion of Ombudsman from CAC to FMA body  

              Subdivision B--Assets, liabilities and legal proceedings

   28.     Vesting of assets of old Ombudsman  
   29.     Vesting of liabilities of old Ombudsman  
   30.     Certificates relating to vesting of land  
   31.     Certificates relating to vesting of assets other than land  
   32.     Substitution of Commonwealth as a party to pending proceedings  
   33.     Transfer of custody of old Ombudsman records  

              Subdivision C--Reference to, and things done by or in relation to, old Ombudsman

   34.     References in instruments  
   35.     Operation of laws  
   36.     Financial statements and other reporting requirements  

              Subdivision D--Private Health Insurance Ombudsman and staff

   37.     Private Health Insurance Ombudsman  
   38.     Transfer of staff  

              Subdivision E--Miscellaneous

   39.     Appropriation of money  
   40.     Exemption from stamp duty and other State or Territory taxes  
   41.     Constitutional safety net—acquisition of property  
   42.     Certificates taken to be authentic  
   43.     Delegation by Minister  

           Division 2--Private Health Insurance Administration Council

   44.     Members of the Council  
   45.     Chief Executive Officer  
   46.     Staff and consultants  

           Division 3--Administration of premiums reduction and incentive payment scheme

   47.     Application of Part 6-4 of the new Act  
   48.     Transition to participating insurer under the new Act  
   49.     Applications to become a participating insurer before 1 July 2007  
   50.     Continued application of Division 16  
   51.     Continued application of Division 18  

           Division 4--Private health insurance levies

   52.     Continued application of Part VID of the National Health Act 1953 in relation to matters arising before commencement of new Act  
   53.     Continued application of section 83I of the National Health Act 1953  

           Division 5--Disclosure of information

   54.     Transitional provision relating to secrecy obligations  

   PART 7--MISCELLANEOUS

   55.     Private Health Insurance (Transition) Rules  
   56.     Regulations  
           SCHEDULE 1 Repeals
           SCHEDULE 2 Amendments
           SCHEDULE 3 Amendments relating to transition from Private Health Insurance Incentives Act 1998