Federal Register of Legislation - Australian Government

Primary content

Rules/Other as made
This amendment ensures that the Private Health Insurance (Health Benefits Fund Administration) Rules 2007 are simplified in certain circumstances where a private health insurer transfers all assets and liabilities from an incorporated association to a corporation under the Corporations Act 2001. This will normally occur as part of the registration process under Division 126-10(1) of the Private Health Insurance Act 2007.
Administered by: Health
Registered 18 Dec 2007
Tabling HistoryDate
Tabled HR12-Feb-2008
Tabled Senate12-Feb-2008
Date of repeal 19 Mar 2014
Repealed by Health (Spent and Redundant Instruments) Repeal Regulation 2014

 

 

Private Health Insurance (Health Benefits Fund Administration) Amendment Rules 2007 (No. 1)

 

The Private Health Insurance Administration Council makes these Rules under item 1 of the table in section 333-25 of the Private Health Insurance Act 2007.

Dated  _______14____ December 2007

 

 

 

 

 

____________________________________

James Dominguez

Commissioner

Private Health Insurance Administration Council

 

 

 


Contents

 

Part 1                   Preliminary                                                                                           3

1.           Name of Rules                                                                                        3

2.           Commencement                                                                                      3

3.           Amendment of the Private Health Insurance (Health Benefits Fund Administration) Rules 2007       3

Schedule―Amendments                                                                                                   4

 

 


Part 1        Preliminary

1.      Name of Rules

These Rules are the Private Health Insurance (Health Benefits Fund Administration) Amendment Rules 2007 (No. 1).

2.      Commencement

These Rules commence on the day after they are registered.

3.      Amendment of the Private Health Insurance (Health Benefits Fund Administration) Rules 2007

The Schedule amends the Private Health Insurance (Health Benefits Fund Administration) Rules 2007.

Schedule―Amendments

[1]     Rule 12A

                   Insert after rule 12

              12A. Transfer from an incorporated association

(1)     This rule applies to an application under section 146-5 made before 1 July 2008 where:

(a)      the arrangement is between:

(i)      a transferor insurer that is an incorporated association under a law of a State or Territory; and

(ii)      a transferee insurer that is incorporated by or under the Corporations Act 2001; and

(b)     under the arrangement:

(i)      all of the assets and liabilities of the transferor insurer are being transferred to the transferee insurer; and

(ii)      the transferee insurer has only one health benefits fund and that fund is the receiving fund; and

(iii)     the assets and liabilities of the transferor insurer, other than any transferred by operation of the Act, are being transferred by an order made under a law of a State or Territory that deals with the transfer of assets and liabilities from an incorporated association to another corporation.

(2)     If this rule applies to an arrangement, the parties to the arrangement are not required to comply with:

(a)     each of paragraphs 11 (3) (g) to (k) and 12 (1) (b) to (i), including for the purposes of rule 14; or

(b)     subrule 15 (1).

 

Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au

2.       These Rules amend the Private Health Insurance (Health Benefits Fund Administration) Rules 2007, which commenced on 1 April 2007.