Explanatory Memorandum
Circulated by authority of the Minister for Health and Ageing, the Honourable Nicola Roxon MPSchedule 2 - Restricted Access Insurers
Private Health Insurance Act 2007
Item 1 Subsection 55-5(3 )
Item 1 inserts the words "or *rules" after the word "constitution" in subsection 55-5(3) of the Act to specify that discrimination by a restricted access insurer is not improper discrimination to the extent that the restricted access insurer ensures that its complying health insurance products are not made available to persons to whom its constitution or rules prohibit it from making the products available.
Item 2 Subsection 126-20(6 )
Item 2 inserts the words "or *rules" after the word "constitution" in subsection 126-20(6) of the Act in order to allow a restricted access insurer to include the statements described in paragraphs (a), (b) and (c) of subsection 126-20(6) of that Act in its constitution or rules in order to be registered as a private health insurer.
Item 3 Paragraph 185-5(e )
Item 3 inserts the words "or *rules" after the word "constitution" in paragraph 185-5(e) of the Act to specify that the requirement to include a provision in the constitution or rules to comply with subsection 126-20(6) of the Act is an enforceable obligation.
Item 4 Paragraphs 200-1(1)(e) and (2)(e )
Item 4 inserts the words "or *rules" after the word "constitution" in paragraphs 200-1(1)(e) and 200-1(2)(e) of the Act to specify that the Minister or the Private Health Insurance Administration Council (Council) may give a direction to a restricted access insurer to modify the provisions included in its constitution or its rules in order to comply with subsection 126-20(6) of the Act.