Private Health Insurance Act 2007

Pt 5-3 repealed by No 87 of 2015, s 3 and Sch 1 item 123, effective 1 July 2015. For transitional provisions, see note under s 3-15 .

Div 217 repealed by No 87 of 2015, s 3 and Sch 1 item 123, effective 1 July 2015. For transitional provisions, see note under s 3-15 .

Subdiv 217-C repealed by No 87 of 2015, s 3 and Sch 1 item 123, effective 1 July 2015. For transitional provisions, see note under s 3-15 .

S 217-40 repealed by No 87 of 2015, s 3 and Sch 1 item 123, effective 1 July 2015. For transitional provisions, see note under s 3-15 . S 217-40 formerly read:

SECTION 217-40 RIGHTS OF CHARGEE, OWNER OR LESSOR OF PROPERTY OF FUND UNDER EXTERNAL MANAGEMENT  
217-40(1)
In the application of the provisions of Division 7 of Part 5.3A of Chapter 5 of the Corporations Act 2001 in relation to the property of a *health benefits fund under *external management:
(a) the provisions of that Division are taken not to include section 441A; and
(b) subsection 441D(1) is taken not to include the words following paragraph 441D(1)(b).

217-40(2)
Nothing in that Division as so applying prevents:
(a) the *external manager of a *health benefits fund giving written consent; or
(b) the court giving leave;

for the enforcement of a charge, subject to any condition specified by the external manager or by the court, as the case requires, if the external manager or the court is satisfied:

(c) that the charge does not relate to the property of the fund under *external management; and
(d) that the enforcement of the charge will not be materially detrimental to the interests of the *policy holders of the fund.