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Pt 5-3 repealed by No 87 of 2015, s 3 and Sch 1 item 123, effective 1 July 2015.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Div 217 repealed by No 87 of 2015, s 3 and Sch 1 item 123, effective 1 July 2015.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Subdiv 217-E repealed by No 87 of 2015, s 3 and Sch 1 item 123, effective 1 July 2015.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S 217-50 repealed by No 87 of 2015, s 3 and Sch 1 item 123, effective 1 July 2015.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 217-50 formerly read:

SECTION 217-50 EXTERNAL MANAGERS TO GIVE REPORTS TO COUNCIL  
217-50(1)
As soon as practicable after being appointed as *external manager of a *health benefits fund, and in any case within the period under subsection (2), the external manager must:
(a) conclude the examination of the business, affairs and property of the fund; and
(b) make a final written report to the Council.

217-50(2)
The period is:
(a) the 3 months after being appointed as *external manager; or
(b) such longer period as the Council notifies to the external manager.

217-50(3)
The *external manager must, in the report to the Council:
(a) recommend a course of action that, in the external manager ' s opinion, maximises, in the circumstances, the chance that the *policy holders of the fund continue to be *covered for health insurance either by that fund or by another fund to which the business of that fund is transferred; and
(b) set out the reasons for that recommendation.

217-50(4)
Without limiting subsection (3), the *external manager may recommend:
(a) subject to the Federal Court ' s making an order or orders in relation to the matter, that the *responsible insurer for the fund implement a scheme of arrangement concerning the business of the fund; or
(b) subject to the Federal Court ' s making an order or orders in relation to the matter, that a *terminating manager of the *health benefits funds of the responsible insurer be appointed; or
(c) that the *external management cease and that the business of the fund be resumed by the responsible insurer for the fund.

217-50(5)
However, if the Private Health Insurance (Health Benefits Fund Enforcement) Rules so provide, the *external manager must recommend that the Council approve the execution of a *voluntary deed of arrangement.

217-50(6)
Without limiting the matters that may be dealt with in a scheme of arrangement referred to in paragraph (4)(a), such a scheme may provide for:
(a) the continuance, on terms or conditions set out in the scheme, of the business of the fund; or
(b) the transfer of the fund, on terms set out in the scheme, to a private health insurer other than the *responsible insurer for the fund; or
(c) the execution of a deed in the same terms as a proposed *voluntary deed of arrangement rejected at a meeting of a kind referred to in section 217-45.