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 66-10 MINISTER ' S APPROVAL IF CERTAIN CHANGES ARE MADE TO PREMIUMS OR PRODUCTS
Application for approval of changes

66-10(1)
A private health insurer must apply to the Minister for approval of:

(a) the premiums to be charged under one or more * product subgroups of a * complying health insurance product, if the insurer proposes to change the premiums to be charged under the product subgroups; or

(b) the premiums to be charged under each product subgroup of a complying health insurance product, if the insurer proposes to make a * designated change to the * product (whether or not the insurer proposes to change the premiums when the designated change is made).

Requirements for application

66-10(2)
The application must:

(a) be in the * approved form; and

(b) be accompanied by the fee (if any) specified in the Private Health Insurance (Product Premium) Rules.

Note:

The Private Health Insurance (Product Premium) Rules are made by the Minister under section 333-20 .

66-10(3)
The application may propose different premiums for policies in a * product, but the proposed premiums must be the same for each policy in the product that belongs to the same * product subgroup.

Minister must make decision on application

66-10(4)
The Minister must, by written notice to the insurer, either approve or refuse to approve the proposed premiums.

Minister ' s decision - applications made within approved application period

66-10(5)
If the application is made within an * approved application period, the Minister must approve the proposed premiums, unless:

(a) the insurer proposes to increase the premiums to be charged under one or more * product subgroups, or proposes to make a * designated change to the * product, or both; and

(b) the Minister is satisfied that approving the proposed premiums would be contrary to the public interest.

Minister ' s decision - applications made outside approved application period

66-10(6)
If the application is not made within an * approved application period, the Minister must:

(a) approve the proposed premiums if, and only if, either:

(i) the insurer does not propose to increase the premiums to be charged under any * product subgroups, and does not propose to make a * designated change to the * product; or

(ii) the insurer proposes to increase the premiums to be charged under one or more product subgroups, or proposes to make a * designated change to the * product, or both, and the Minister is satisfied that approving the proposed premiums is in the public interest; or

(b) otherwise, refuse to approve the proposed premiums.

Matters relating to the approval of proposed premiums

66-10(7)
If the Minister approves the proposed premiums, the approval has effect, in relation to a * product subgroup to which the application relates, from the day specified in the approval until the earlier of the following:

(a) the day when another approval for the product subgroup under this section takes effect;

(b) if the insurer makes a * designated change to the * product without an approval under this section being in effect in relation to the change - the time when the insurer makes the designated change.

66-10(8)
The day specified in the approval as the day from which the approval has effect must be a day that is after the day on which the Minister approves the proposed premiums.

Tabling of reasons for refusal to approve premiums

66-10(9)
If the Minister refuses to approve the proposed premiums, the Minister must table the Minister ' s reasons for refusal in each House of the Parliament no later than 15 sitting days of that House after the refusal.

Other matters

66-10(10)
A notice under subsection (4) is not a legislative instrument.

66-10(11)
A fee specified for the purposes of paragraph (2)(b) :

(a) must not amount to taxation; and

(b) must not exceed the amount the Minister estimates to be the reasonable costs of processing an application made under subsection (1) .

Delegation

66-10(12)
If the Minister delegates the Minister ' s powers under this section to a delegate:

(a) the delegate may approve the proposed premiums in accordance with this section; or

(b) if the delegate considers that the proposed premiums should not be approved, the delegate:

(i) must not make a final decision refusing to approve the proposed premiums; and

(ii) must refer the application to the Minister for the Minister ' s consideration.

Note:

For delegation by the Minister, see subsection 333-1(1) .

View history note

History

S 66-10 substituted by No 90 of 2026, s 3 and Sch 2 item 8, effective 19 September 2026. For application and savings provisions, see note under s 66-6 . S 66-10 formerly read:

SECTION 66-10 MINISTER ' S APPROVAL OF PREMIUMS
66-10(1)
A private health insurer that proposes to change the premiums charged under a ^[ast_1]
To find definitions of asterisked terms, see the Dictionary in Schedule 1.
complying health insurance product must apply to the Minister for approval of the change:
(a) in the ^[ast_1]
To find definitions of asterisked terms, see the Dictionary in Schedule 1.
approved form; and
(b) at least 60 days before the day on which the insurer proposes the change to take effect.

66-10(2)
The application may propose different changes for policies in the ^[ast_1]
To find definitions of asterisked terms, see the Dictionary in Schedule 1.
product, but the proposed changed amount must be the same for each policy in the product that belongs to the same ^[ast_1]
To find definitions of asterisked terms, see the Dictionary in Schedule 1.
product subgroup.

66-10(3)
The Minister must, by written instrument, approve the proposed changed amount or amounts, unless the Minister is satisfied that a change that would increase the amount or amounts would be contrary to the public interest.

66-10(4)
If the Minister approves the proposed changed amount or amounts, the approval has effect:
(a) from the day specified in the approval as the day the change takes effect; and
(b) until replaced by another approval for the ^[ast_1]
To find definitions of asterisked terms, see the Dictionary in Schedule 1.
product under this section.

66-10(6)
If the Minister refuses to approve the proposed changed amount or amounts, the Minister must table the Minister ' s reasons for refusal in each House of the Parliament no later than 15 sitting days of that House after the refusal.

66-10(7)
An instrument made under subsection (3) is not a legislative instrument.

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