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Health Insurance Commission (Reform and Separation of Functions) Act 1997
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C2004A05252
11 November 1997
-
14 July 2001
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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
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
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
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
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
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
Division 5—Acquisition by the Commonwealth of shares in the nominated company
34 Acquisition by the Commonwealth of shares in the nominated company
35 Commonwealth to retain ownership of the nominated company
Division 6—Exemption from stamp duty
36 Exemption from stamp duty
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.
45 Application of certain provisions of the Corporations Law
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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Part 3—Amendments
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54 Schedule(s)
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Schedule 1—Amendment of Acts
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Part 1—Amendments commencing on Royal Assent
Health Insurance Commission Act 1973
Hearing Services Administration Act 1997
Part 2—Amendments commencing on the fund transfer day
Commonwealth Borrowing Levy Act 1987
Health Insurance Commission Act 1973
Part 3—Amendment commencing 5 years after Royal Assent
Health Insurance Commission Act 1973
Schedule 2—Amendment of regulations
Health Insurance Commission Regulations
