PRIVATE HEALTH INSURANCE (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 2007

PART 6 - TRANSITIONAL PROVISIONS RELATING TO CHAPTER 6 OF THE NEW ACT  

Division 1 - Private Health Insurance Ombudsman  

Subdivision C - Reference to, and things done by or in relation to, old Ombudsman  

SECTION 34   REFERENCES IN INSTRUMENTS  
References to old Ombudsman taken to be references to Private Health Insurance Ombudsman or Commonwealth

(1)    
If:

(a) an instrument is in force immediately before the Ombudsman conversion time; and

(b) the instrument contains a reference to the old Ombudsman;

the instrument has effect from the Ombudsman conversion time as if the reference were a reference to the Private Health Insurance Ombudsman.

(2)    
However, if:

(a) an instrument is in force immediately before the Ombudsman conversion time; and

(b) the instrument relates to assets or liabilities covered by section 28 or 29; and

(c) the instrument refers to the old Ombudsman;

the reference is to be read as a reference to the Commonwealth as necessary to give effect to section 28 or 29, as the case requires.

References to staff of old Ombudsman taken to be references to staff of new Ombudsman

(3)    
If:

(a) an instrument is in force immediately before the Ombudsman conversion time; and

(b) the instrument contains a reference to a member of the staff of the old Ombudsman;

the instrument has effect from the Ombudsman conversion time as if the reference to the member of the staff of the old Ombudsman were a reference to a member of the staff of the new Ombudsman referred to in section 253-45 of the new Act.

Minister and Rules may provide otherwise

(4)    
The Minister may, by writing, determine that subsection (1), (2) or (3):

(a) does not apply in relation to a specified reference; or

(b) applies as if:

(i) in the case of subsection (1) - the reference in that subsection to the Private Health Insurance Ombudsman were a reference to the Commonwealth; or

(ii) in the case of subsection (2) - the reference in that subsection to the Commonwealth were a reference to the Private Health Insurance Ombudsman; or

(iii) in the case of subsection (3) - the reference in that subsection to a member of the staff of the old Ombudsman were a reference to the Private Health Insurance Ombudsman.

A determination under this subsection has effect accordingly.

(5)    
A determination under subsection (4) is not a legislative instrument.

(6)    
The Private Health Insurance (Transition) Rules may provide that an instrument containing a reference specified in a determination under paragraph (4)(a) has effect from the Ombudsman conversion time as if:

(a) in the case of an instrument covered by subsection (1) - the reference were a reference to a specified person or body other than the Commonwealth or the Private Health Insurance Ombudsman; or

(b) in the case of an instrument covered by subsection (2) - the reference were a reference to a specified person or body other than the Commonwealth or the Private Health Insurance Ombudsman; or

(c) in the case of an instrument covered by subsection (3) - the reference were a reference to a specified person or body other than the Private Health Insurance Ombudsman or a member of the staff of the new Ombudsman.