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Health Insurance Commission (Reform and Separation of Functions) Act 1997
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C2014C00799 C10
01 December 2014
-
04 March 2016
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Part 1—Preliminary
1 Short title
2 Commencement
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Part 2—Transitional provisions relating to the transfer of Medibank Private from the Health Insurance Commission to a separate organisation (the nominated company)
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Division 1—Introduction
3 Simplified outline
4 Definitions
5 Nominated company
6 Fund-transfer day
7 Commission-owned company
8 Crown to be bound
9 External Territories
10 Extra-territorial operation
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Division 2—Provisions relating to the period when the nominated company is Commission-owned
11 Commission to hold shares in the nominated company
12 Nominated company must seek registration as a registered health benefits organisation
13 Activities of the nominated company
14 Commission may provide services or facilities to the nominated company
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Division 3—Commission to facilitate transfer of Medibank Private to the nominated company
15 Commission to facilitate transfer of Medibank Private to the nominated company
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Division 4—Transfer of Medibank Private from the Commission to the nominated company
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Subdivision A—Transfer of Medibank Private fund
16 Transfer of Medibank Private fund to the nominated company
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Subdivision B—Transfers of assets, contracts and liabilities
17 Transfer of assets
18 Transfer of contractual rights and obligations
19 Transfer of liabilities
20 Commission contracts may be split
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Subdivision C—Transfer of staff
21 Transfer of staff from the Commission
22 Terms and conditions—transferred employees
23 Accrued benefits—transferred employees
24 Continuity of service of transferred employees
25 Termination payments—transferred employees
26 Variation of terms and conditions—transferred employees
27 Mobility rights—transferred employees
28 Re-transfer of staff from the nominated company
29 Terms and conditions—re-transferred employees
30 Accrued benefits—re-transferred employees
31 Continuity of service of re-transferred employees
32 Termination payments—re-transferred employees
33 Variation of terms and conditions—re-transferred employees
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Division 5—Acquisition by the Commonwealth of shares in the nominated company
34 Acquisition by the Commonwealth of shares in the nominated company
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Division 6—Exemption from stamp duty
36 Exemption from stamp duty
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Division 7—Miscellaneous
37 Transfers of land may be registered
38 This Part does not modify registers kept by land registration officials
39 Application of Lands Acquisition Act
40 Legislative Instruments Act does not apply to this Part
41 Transfer of pending proceedings
42 Operation of this Part does not place a person in breach of contract etc.
43 Transfer of records
44 Nominated company not to be an agency of the Commonwealth etc.
46 Compensation—constitutional safety-net
47 Delegation
48 Commonwealth records
49 Complaints and investigations under the Ombudsman Act 1976
50 Requests under the Freedom of Information Act 1982
51 Complaints and investigations under the Privacy Act 1988
52 This Part does not authorise the imposition of taxation
53 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
