Private Health Insurance Act 2007

Pt 6-5 repealed by No 87 of 2015, s 3 and Sch 1 item 126, effective 1 July 2015. For transitional provisions, see note under s 3-15 .

Div 293 repealed by No 87 of 2015, s 3 and Sch 1 item 126, effective 1 July 2015. For transitional provisions, see note under s 3-15 .

S 293-15 repealed by No 87 of 2015, s 3 and Sch 1 item 126, effective 1 July 2015. For transitional provisions, see note under s 3-15 . S 293-15 formerly read:

SECTION 293-15 ORDER FOR COMPENSATION WHERE OFFICER INVOLVED IN VOID TRANSACTION  
293-15(1)
If:
(a) a court finds a person guilty of an offence against subsection 293-10(4) (including such an offence that is taken to have been committed because of section 5 of the Crimes Act 1914 ); and
(b) the court is satisfied that the *health benefits fund under *external management or *terminating management to which the offence relates has suffered loss or damage because of the act or omission constituting the offence;

the court may (whether or not it imposes a penalty) order the person to pay compensation of such amount as the order specifies to the *responsible insurer for the fund.

293-15(2)
An order under subsection (1) may be enforced as if it were a judgment of the court.

293-15(3)
If, in proceedings against a person under subsection 293-10(4), it appears to the court that the person is, or might be, liable to pay compensation under subsection (1), but that:
(a) the person has acted honestly; and
(b) having regard to all the circumstances of the case, the person ought fairly to be excused from paying compensation;

the court may relieve the person either wholly or partly from a liability to pay compensation under subsection (1) to which the person would otherwise be subject, or that might otherwise be imposed on the person.

293-15(4)
If a person thinks that proceedings under subsection 293-10(4) will, or might be, begun against him or her, he or she may apply to the Federal Court for relief.

293-15(5)
On an application under subsection (4), the Federal Court may grant relief under subsection (3) as if proceedings under subsection 293-10(4) had been begun in the Federal Court.

293-15(6)
For the purposes of subsection (3) as it applies for the purposes of a case tried by a judge with a jury:
(a) a reference in that subsection to the court is a reference to the judge; and
(b) the relief that may be granted includes withdrawing the case in whole or in part from the jury and directing judgment to be entered for the defendant on such terms as to costs as the judge thinks appropriate.