Private Health Insurance (Health Benefits Fund Administration) Amendment Rules 2007 (No. 1)
 
The Private Health Insurance Administration Council makes these Rules under item 1 of the table in section 333-25 of the Private Health Insurance Act 2007.
Dated  _______14____ December 2007
 
 
 
 
 
____________________________________
James Dominguez
Commissioner
Private Health Insurance Administration Council
 
 
 
Contents
 
Part 1                   Preliminary                                                                                           3
1.           Name of Rules                                                                                        3
2.           Commencement                                                                                      3
3.           Amendment of the Private Health Insurance (Health Benefits Fund Administration) Rules 2007       3
Schedule―Amendments                                                                                                   4
 
 
Part 1        Preliminary
1.      Name of Rules
These Rules are the Private Health Insurance (Health Benefits Fund Administration) Amendment Rules 2007 (No. 1).
2.      Commencement
These Rules commence on the day after they are registered.
3.      Amendment of the Private Health Insurance (Health Benefits Fund Administration) Rules 2007
The Schedule amends the Private Health Insurance (Health Benefits Fund Administration) Rules 2007.
Schedule―Amendments
[1]     Rule 12A
                   Insert after rule 12
              12A. Transfer from an incorporated association
(1)     This rule applies to an application under section 146-5 made before 1 July 2008 where:
(a)      the arrangement is between:
(i)      a transferor insurer that is an incorporated association under a law of a State or Territory; and
(ii)      a transferee insurer that is incorporated by or under the Corporations Act 2001; and
(b)     under the arrangement:
(i)      all of the assets and liabilities of the transferor insurer are being transferred to the transferee insurer; and
(ii)      the transferee insurer has only one health benefits fund and that fund is the receiving fund; and
(iii)     the assets and liabilities of the transferor insurer, other than any transferred by operation of the Act, are being transferred by an order made under a law of a State or Territory that deals with the transfer of assets and liabilities from an incorporated association to another corporation.
(2)     If this rule applies to an arrangement, the parties to the arrangement are not required to comply with:
(a)     each of paragraphs 11 (3) (g) to (k) and 12 (1) (b) to (i), including for the purposes of rule 14; or
(b)     subrule 15 (1).
 
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au
2.       These Rules amend the Private Health Insurance (Health Benefits Fund Administration) Rules 2007, which commenced on 1 April 2007.