Private Health Insurance Act 2007

Ch 4 heading substituted by No 87 of 2015, s 3 and Sch 1 item 54, effective 1 July 2015. For transitional provisions, see note under s 3-15 . The heading formerly read:

CHAPTER 4 - PRIVATE HEALTH INSURERS

Div 152 repealed by No 87 of 2015, s 3 and Sch 1 item 65, effective 1 July 2015. For transitional provisions, see note under s 3-15 .

S 152-10 repealed by No 87 of 2015, s 3 and Sch 1 item 65, effective 1 July 2015. For transitional provisions, see note under s 3-15 . S 152-10 formerly read:

SECTION 152-10 LIABILITY OF DIRECTORS IN RELATION TO NON-COMPLIANCE WITH NOTICES  
152-10(1)
If:
(a) the Council has given a notice to a private health insurer under section 152-5 in respect of a contravention of this Part; and
(b) the contravention has resulted in a loss to a *health benefits fund; and
(c) the insurer has failed to comply with the notice within the period specified in it or within that period as extended under subsection 152-5(4);

the persons who were the *directors of the insurer when the contravention occurred are jointly and severally liable to pay the insurer an amount equal to the amount of the loss.

152-10(2)
A person is not liable under subsection (1) if the person proves that he or she used due diligence to ensure that the insurer complied with the notice.

152-10(3)
An action to recover an amount for which a person is liable under subsection (1) may be brought:
(a) by the insurer; or
(b) with the written approval of the Council, by a *policy holder of the *health benefits fund involved.

152-10(4)
An approval under subsection (3) may be given subject to conditions relating to the persons, or the number of persons, who may join in the action as plaintiffs.