CHAPTER 3
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COMPLYING HEALTH INSURANCE PRODUCTS
PART 3-3
-
REQUIREMENTS FOR COMPLYING HEALTH INSURANCE PRODUCTS
Division 66
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Community rating requirements
SECTION 66-6
MEANING OF APPROVED APPLICATION PERIOD
66-6(1)
The approved application period for an application under section
66-8
or
66-10
is:
(a)
if the Minister has not determined a period for a year under subsection
(2)
-
the period of 55 days beginning on the third Friday in September of that year; or
(b)
if the Minister has determined one or more periods for a year under subsection
(2)
-
that period or those periods.
66-6(2)
For the purposes of paragraph
(1)(b)
, the Minister may, by legislative instrument, determine a period that is an approved application period.
66-6(2A)
Without limiting subsection
33(3A)
of the
Acts Interpretation Act 1901
, a determination under subsection
(2)
of this section may be expressed to apply in relation to a specified class of application. Such a determination does not affect the operation of paragraph
(1)(a)
of this section in relation to other classes of application.
66-6(3)
Section
42
(disallowance) of the
Legislation Act 2003
does not apply to a legislative instrument made under subsection (2).
History
S 66-6 inserted by No 90 of 2026, s 3 and Sch 2 item 8, effective 19 September 2026. No 90 of 2026, s 3 and Sch items 14, 15 and 17 contain the following application and savings provisions:
14 Definitions
14
In this Part:
commencement day
means the day this Schedule commences.
old Act
means the
Private Health Insurance Act 2007
as in force immediately before the commencement of this Schedule.
15 Application of amendments
Application provisions
(1)
The amendments of sections
66-1
and
66-5
of the
Private Health Insurance Act 2007
made by this Schedule apply on and after the commencement day in relation to:
(a)
a policy that belongs to a product subgroup that is first made available on or after the commencement day; and
(b)
a complying health insurance policy that belongs to a product subgroup of a complying health insurance product for which an approval under section
66-10
of the old Act was in effect immediately before the commencement day; and
(c)
a policy:
(i)
that belongs to a product subgroup that was first made available before the commencement day; and
(ii)
for which there was no approval in effect under section
66-10
of the old Act immediately before the commencement day;
at and after the earlier of:
(iii)
the first time, on or after the commencement day, that the premiums charged under the product subgroup change; or
(iv)
the first time, on or after 2 April 2027, that a designated change is made to the product.
(2)
Section
66-8
of the
Private Health Insurance Act 2007
, as inserted by this Schedule, applies in relation to a product subgroup that is first made available on or after the commencement day.
(3)
Section
66-10
of the
Private Health Insurance Act 2007
, as substituted by this Schedule, applies in relation to:
(a)
a proposed change to the premiums to be charged under one or more product subgroups of a complying health insurance product if an insurer proposes to make the change on or after the commencement day (whether or not the insurer proposes to make a designated change at the same time); and
(b)
a designated change that an insurer proposes to make to a complying health insurance product on or after 2 April 2027.
(4)
Sections
66-11
and
66-12
of the
Private Health Insurance Act 2007
, as inserted by this Schedule, apply in relation to an application that is made on or after the commencement day.
Pending applications for approval
(5)
If:
(a)
before the commencement day, a private health insurer applied, under section
66-10
of the old Act, for an approval of a change in premiums; and
(b)
immediately before the commencement day, the Minister had not decided to either approve or refuse to approve the proposed changed amount or amounts;
then:
(c)
the application lapses at the start of the commencement day; and
(d)
that section ceases to apply in relation to the application.
Operation of first approved application period
(6)
If the commencement day is a day in the period, for the 2026 calendar year, mentioned in paragraph
66-6(1)(a)
of the
Private Health Insurance Act 2007
, as inserted by this Schedule, the approved application period for 2026 is taken to:
(a)
begin on the commencement day; and
(b)
end at the end of the period of 55 days beginning on 18 September 2026.
(7)
The approved application period mentioned in subitem (6) does not apply to an application that relates to a designated change that is proposed to be made on or after 2 April 2027 (whether or not the application also relates to a change in premiums).
17 Savings provisions
(1)
Subject to item 15, section
66-1
of the old Act continues to apply in relation to a policy that was issued under a new product, within the meaning of that section of the old Act, before the commencement day.
(2)
An approval that was in effect under section
66-10
of the old Act immediately before the commencement day continues in effect (and may be dealt with) on and after the commencement day as if it were an approval in effect under section
66-10
of the
Private Health Insurance Act 2007
as substituted by this Schedule.