PRIVATE HEALTH INSURANCE (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 2007

PART 5 - TRANSITIONAL PROVISIONS RELATING TO CHAPTER 5 OF THE NEW ACT  

Division 1 - General enforcement methods  

SECTION 23   CONTINUED APPLICATION OF DIVISION 5 OF PART VI OF THE NATIONAL HEALTH ACT 1953  

(1)    
Despite the repeal of Division 5 of Part VI of the National Health Act 1953 (the old enforcement provisions ) by this Act, the old enforcement provisions continue to apply after the commencement time, to the exclusion of Part 5-2 of the new Act, in relation to:

(a) a breach of the Act, within the meaning of the old enforcement provisions, that occurred before the commencement time; and

(b) any other matter in respect of which the Minister had begun to take action under the old enforcement provisions before the commencement time.

(2)    
If a direction given, or an enforceable undertaking accepted, under the old enforcement provisions was in force at the time the new Act commenced:

(a) the direction or undertaking continues in force after the commencement time as if the old enforcement provisions had not been repealed; and

(b) the old enforcement provisions continue to apply in relation to any breach of that direction or undertaking.