Private Health Insurance (Prudential Supervision) (Consequential Amendments and Transitional Provisions) Act 2015 (87 of 2015)

Schedule 1   Consequential amendments

Part 1   Amendments

Division 1   Main amendments

Private Health Insurance Act 2007
107   Subsections 200-1(1) and (2)

Repeal the subsections, substitute:

(1) If, at any time and for any reason, the Minister considers that it will assist in the prevention of *improper discrimination to do so, the Minister may give a direction to a private health insurer requiring it:

(a) to modify its day-to-day operations in a particular respect; or

(b) to modify its *rules in a particular respect; or

(c) if the insurer is a *restricted access insurer - to modify the provisions included in its constitution or *rules in order to comply with subsection 15(3) of the Private Health Insurance (Prudential Supervision) Act 2015 in a particular respect.

Note: A decision to give a direction is reviewable under Part 6-9.

(2) If, at any time and for any reason, the Minister considers that there appears to be a contravention of an *enforceable obligation involving *improper discrimination by a private health insurer, the Minister may give a direction to the insurer requiring it to address the contravention by:

(a) modifying its day-to-day operations; or

(b) modifying its *rules; or

(c) if the insurer is a *restricted access insurer - modifying the provisions included in its constitution or *rules in order to comply with subsection 15(3) of the Private Health Insurance (Prudential Supervision) Act 2015.

Note: A decision to give a direction is reviewable under Part 6-9.


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