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

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

Division 2 - Enforcement of health benefits fund requirements  

SECTION 24   INVESTIGATIONS INTO AFFAIRS OF REGISTERED ORGANIZATIONS  

(1)    
If:

(a) before the commencement time, a person was appointed as an inspector under section 82R of the National Health Act 1953 to investigate the affairs of a registered organization; and

(b) either:

(i) the Minister appointed the person; or

(ii) the Council appointed the person because it suspected the matter referred to in paragraph 82R(1)(c) of that Act; and

(c) at the commencement time, the investigation (including the performance of functions and exercise of powers by that person or by the Minister or Council in relation to the investigation) has not concluded;

then, despite the repeal of Part VIA of that Act by this Act, that Part continues to apply after the repeal in relation to the investigation, and the performance of functions and exercise of powers by that person or by the Minister or Council in relation to the investigation, as if the repeal had not occurred.

(2)    
If:

(a) before the commencement time, the Council appointed a person as an inspector under section 82R of the National Health Act 1953 to investigate the affairs of a registered organization; and

(b) the Council did not appoint the person because it suspected the matter referred to in paragraph 82R(1)(c) of that Act; and

(c) at the commencement time, the investigation (including the performance of functions and exercise of powers by that person or by the Council in relation to the investigation) has not concluded;

then Division 214 of the new Act applies in relation to the investigation, and the performance of functions and exercise of powers by that person or by the Council in relation to the investigation, as if the person had been appointed under section 214-1 of the new Act.