Private Health Insurance Act 2007

CHAPTER 5 - ENFORCEMENT  

PART 5-2 - GENERAL ENFORCEMENT METHODS  

Division 197 - Enforceable undertakings  

SECTION 197-5   ENFORCEMENT OF UNDERTAKINGS  

197-5(1)    
If the Minister considers that a private health insurer that gave an undertaking under this Division has contravened any of its terms, the Minister may apply to the Federal Court for an order under subsection (2) .

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History

S 197-5(1) substituted by No 87 of 2015, s 3 and Sch 1 item 104, effective 1 July 2015. For transitional provisions, see note under s 3-15 . S 197-5(1) formerly read:

197-5(1)
If the acceptor of an undertaking under this Division considers that a private health insurer that gave an undertaking under this Division has contravened any of its terms, the acceptor may apply to the Federal Court for an order under subsection (2).

197-5(2)    
If the Federal Court is satisfied that the private health insurer has contravened a term of the undertaking, the court may make one or more of the following orders:

(a)    an order directing the insurer to comply with the terms of the undertaking;

(b)    if there is a contravention of an ^[*]

To find definitions of asterisked terms, see the Dictionary in Schedule 1 .

enforceable obligation - any other order of a kind set out in Division 203 that the court considers appropriate.

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