Private Health Insurance Act 2007

CHAPTER 3 - COMPLYING HEALTH INSURANCE PRODUCTS  

PART 3-3 - REQUIREMENTS FOR COMPLYING HEALTH INSURANCE PRODUCTS  

Division 66 - Community rating requirements  

SECTION 66-12   WHEN MINISTER MUST INVITE RESUBMISSION ETC. OF APPLICATIONS UNDER SECTIONS 66-8 AND 66-10  

66-12(1)    
If the Minister proposes to refuse to approve an application made by a private health insurer under 66-8 or 66-10 , the Minister must give the insurer a written notice that the Minister is proposing to refuse the application.

66-12(2)    
The notice must:

(a)    invite the insurer to do either or both of the following:

(i) amend the application and resubmit the application;

(ii) give the Minister a submission, in writing, setting out the reasons why the insurer should not be required to resubmit the application; and

(b)    specify a period within which the insurer must do either or both of the things mentioned in paragraph (a) ; and

(c)    set out the effects of subsections (3) and (4) .

66-12(3)    
The Minister may refuse to consider the application until the earlier of the following times:

(a)    the time when the insurer resubmits the application in accordance with the notice;

(b)    the time when the insurer gives the Minister a submission in accordance with the notice.

66-12(4)    
If the insurer does not do one of the things mentioned in paragraph (2)(a) within the period specified in the notice, the Minister may deal with the application on the basis of the information contained in the application.

66-12(5)    
Before deciding whether to approve or refuse to approve the application, the Minister must consider:

(a)    any application resubmitted in accordance with the notice; and

(b)    any submission given in accordance with the notice.

66-12(6)    
If a private health insurer receives a notice under this section in relation to an application (the original application ), and the insurer resubmits the application in accordance with the notice, the resubmitted application is taken, for the purposes of section 66-8 or 66-10 (as the case may be), to have been submitted on the same day as the original application.

66-12(7)    
The Minister may give more than one notice under subsection (1) to an insurer in relation to an application made by the insurer.