Commonwealth Numbered Regulations

NATIONAL HEALTH (REGISTERED HEALTH BENEFITS ORGANIZATIONS) REGULATIONS 2000 2000 NO. 357 - SCHEDULE 1

(regulations 7 and 8)

Part 1 Modifications for paragraph 82XB (2) (b) of the Act
1 Definitions
(1) For the applied provisions mentioned in paragraph 82XB (2) (b) of the Act:

"board of the company", in relation to an organization, means the board of directors, committee of management, or other governing authority of the organization.

"creditor", in relation to a fund or organization under administration, includes a contributor to the fund, or to the fund conducted by the organization, as the case requires.

director means:

(a)

for a registered organization that is a company or friendly society — a director of the company or society; and

(b)

for a registered organization that is an incorporated association — a member of the committee of management of the association; and

(c)

for a registered organization that is an unincorporated entity — a member of the governing body of the entity.

"deed of company arrangement "means a voluntary deed of arrangement under Part VIA of the Act.

"lodge" means lodge with the Council.

officer includes:

(a)

for a registered organization that is a company under the Corporations Law — a director of the company; and

(b)

for a registered organization that is a friendly society — a director of the society; and

(c)

for a registered organization that is an incorporated association — a member of the management committee of the association; and

(d)

for a registered organization that is an unincorporated entity — a member of the governing body of the entity; and

(e)

if a person has been appointed as a receiver of the property of a registered organization and manages, or has, under the terms of the receiver's appointment, power to manage, the affairs of the organization — the receiver.

"resolution", in relation to creditors, means a resolution passed at a meeting of creditors, including a meeting held under section 82XZ of the Act.

Note
For the meaning of administrator , company and Court in the applied provisions, see subsections 82XB (4) and (5) of the Act.

(2) For sections 440E, 441K and 450F of the Corporations Law:

"this Division "means Division 3 of Part VIA of the Act and the applied provisions, under paragraph 82XB (2) (b) of the Act, of Part 5.3A of Chapter 5 of the Corporations Law, as modified.

(3) For subsection 442F (1) of the Corporations Law:

"this Law" means the Act and the applied Corporations Law provisions.

(4) For subsections 445G (1), 445G (4) and 447A (1), and section 450F, of the Corporations Law:

"this Part" means Part VIA of the Act and the applied provisions, under paragraph 82XB (2) (b) of the Act, of Part 5.3A of Chapter 5 of the Corporations Law, as modified.

2 Subsections 440J (2) and (3)
omit
3 Subsection 441B (2)
omit
437C or 440B
insert
440B, or section 82XO of the National Health Act 1953 ,
4 Subsection 441B (3)
omit
437D
insert
82XT of the National Health Act 1953
5 Section 441C
omit
6 Section 441E
omit
437C or 440B
insert
440B, or section 82XO of the National Health Act 1953 ,
7 Subsection 441F (2)
omit
437C or 440C
insert
440C, or section 82XO of the National Health Act 1953 ,
8 Subsection 441F (3)
omit
437D
insert
82XT of the National Health Act 1953
9 Subsection 441G
omit
10 Section 441J
omit
437C or 440C
insert
440C, or section 82XO of the National Health Act 1953 ,
11 Subsection 442F (2)
omit
12 Subsection 444A (1)
omit
439A,
insert
82XZ of the National Health Act 1953 ,
13 Paragraph 444A (4) (i)
omit
deed.
insert
deed;
14 Subsection 444A (4)
insert

(j)

the number of fund contributors, and the total amount owing to contributors.

15 Subsection 444A (5)
omit
16 Subsection 444B (4)
omit
437C,
insert
82XO of the National Health Act 1953 ,
17 Subsection 444B (7)
omit
18 Subsection 444C (1)
omit
439A,
insert
82XZ of the National Health Act 1953 ,
19 Subsection 444F (2)
omit
Subject to subsection 441A (3), the
insert
The
20 Section 444G
substitute
A deed of arrangement also binds:
(a) for a registered organization under administration:

(i)

the organization; and

(ii)

its officers and members; and

(iii)

the deed's administrator; and

(b) for a fund under administration:

(i)

the fund; and

(ii)

the registered organization conducting the fund; and

(iii)

officers and members of the registered organization and of the fund; and

(iv)

contributors to the fund; and

(v)

the deed's administrator.

21 Paragraph 445D (1) (b)
omit
statement under subsection 439A (4)
insert
statement, under paragraph 82XZ (3) (c) of the National Health Act 1953 ,
22 Subsection 445G (1)
omit
Commission
insert
Council
23 Paragraph 447A (4) (e)
substitute

(e)

the Council; or

24 Subsection 447E (3)
omit
the Commission
insert
the Council
25 Subsection 450A (1)
omit
436A, 436B or 436C
insert
82XD of the National Health Act 1953
26 Subsection 450A (2)
substitute
(2) As soon as practicable, and in any event before the end of the next business day, after appointing an administrator under section 82XD of the National Health Act 1953 , the Council must give written notice of the appointment:

(a)

for an appointment under paragraph 82XD (a) of that Act, to the registered organization conducting the fund; and

(b)

for an appointment under paragraph 82XD (b) of that Act, to the registered organization.

27 Subsection 450A (3)
omit
436A, 436B or 436C
insert
82XD of the National Health Act 1953
28 Subsection 450A (4)
omit
29 Paragraph 450C (b)
omit
prescribed.
insert
prescribed, and sent to each contributor.
Part 2 Modifications for subsection 82XQ (2) of the Act
30 Sections 128 and 129
In sections 128 and 129 of the Corporations Law:

"company" means registered organization.

officer includes:

(a)

for a registered organization that is a company under the Corporations Law — a director of the company; and

(b)

for a registered organization that is a friendly society — a director of the society; and

(c)

for a registered organization that is an incorporated association — a member of the management committee of the association; and

(d)

for a registered organization that is an unincorporated entity — a member of the governing body of the entity; and

(e)

if a person has been appointed as a receiver of the property of a registered organization and manages, or has, under the terms of the receiver's appointment, power to manage, the affairs of the organization — the receiver.

31 Section 129
For section 129 of the Corporations Law, except subsections 129 (5) and (6):
"company secretary" means:

(a)

for a registered organization that is a company or friendly society — secretary of the company or society; and

(b)

for a registered organization that is an incorporated association — secretary of the incorporated association; and

(c)

for a registered organization that is an unincorporated entity — a member of the governing body of the entity.

director means:

(a)

for a registered organization that is a company or friendly society — a director of the company or society; and

(b)

for a registered organization that is an incorporated association — a member of the committee of management of the association; and

(c)

for a registered organization that is an unincorporated entity — a member of the governing body of the entity.

32 Subsection 129 (1)
For subsection 129 (1) of the Corporations Law:

"this Law" means the applied provisions.

33 Subsection 129 (2)
omit
from ASIC
34 After subsection 129 (5)
insert

(5A)

For a registered organization that is not a company, a person may assume that a document has been duly executed by the organization if the document appears to have been signed in accordance with subsection 129A (1).

35 After subsection 129 (6)
insert
(6A) For a registered organization that is a friendly society or incorporated association, a person may assume that a document has been duly executed by the society or association if:

(a)

the common seal of the society or association appears to have been fixed to the document in accordance with subsection 129A (2); and

(b)

the fixing of the common seal appears to have been witnessed in accordance with that subsection.

36 After section 129
insert
129A Execution of documents (including deeds) by a registered organization that is not a company
(1) A registered organization that is not a company may execute a document without using a common seal if the document is signed by:

(a)

for an organization that is a friendly society — 2 directors or a director and secretary of the society; or

(b)

for an organization that is an incorporated association — 2 members of the management committee of the association; or

(c)

for an organization that is an unincorporated entity — 2 members of the governing body of the entity.

(2) A registered organization that is not a company and that has a common seal, has executed a document if the seal is fixed to the document and the fixing of the seal is witnessed by:

(a)

for an organization that is a friendly society — 2 directors or a director and secretary of the society; or

(b)

for an organization that is an incorporated association — 2 members of the management committee of the association.