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Private Health Insurance (Transitional Provisions and Consequential Amendments) Act 2007
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Administered by
Department of Health and Aged Care
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C2023C00183 (C03)
01 July 2023
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Part 1—Preliminary
1 Short title
2 Commencement
3 Schedule(s)
4 Definitions
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Part 2—Transitional provisions relating to Chapter 2 of the new Act
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Division 1—Premiums reduction and incentive payment schemes
5 Application of Part 2 2 of the new Act
6 Application of the Private Health Insurance Incentives Act 1998 from the commencement time to repeal
7 Continued application of section 11 50 of the Private Health Insurance Incentives Act 1998
Division 2—Lifetime health cover
8 Application of Part 2 3 of the new Act
9 Calculating 10 years’ continuous cover under section 34 10 of the new Act
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Part 3—Transitional provisions relating to complying health insurance products
10 Status of existing applicable benefits arrangements and tables of ancillary benefits
11 Premium requirement
12 Benefit requirements: listing of no gap and gap permitted prostheses
13 Waiting periods
14 Quality assurance requirements
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Part 4—Transitional provisions relating to Chapter 4 of the new Act
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Division 1—Carrying on health insurance business
15 Hospitals
16 Hospital treatment—outreach services
17 Employee health benefits schemes
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Division 2—Registration
18 Registered organizations taken to be private health insurers
19 Registered organizations established for profit
20 Restricted membership organizations
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Division 3—Health benefits funds
21 Existing health benefits funds
22 Applications for approval of mergers
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Part 5—Transitional provisions relating to Chapter 5 of the new Act
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Division 1—General enforcement methods
23 Continued application of Division 5 of Part VI of the National Health Act 1953
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Division 2—Enforcement of health benefits fund requirements
24 Investigations into affairs of registered organizations
25 Administration of funds and registered organizations
26 Winding up of funds and registered organizations
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Part 6—Transitional provisions relating to Chapter 6 of the new Act
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Division 1—Private Health Insurance Ombudsman
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Subdivision A—Preliminary
27 Definitions
Subdivision AA—Conversion of Ombudsman from CAC to FMA body
27A Conversion of Ombudsman from CAC to FMA body
Subdivision B—Assets, liabilities and legal proceedings
28 Vesting of assets of old Ombudsman
29 Vesting of liabilities of old Ombudsman
30 Certificates relating to vesting of land
31 Certificates relating to vesting of assets other than land
32 Substitution of Commonwealth as a party to pending proceedings
33 Transfer of custody of old Ombudsman records
Subdivision C—Reference to, and things done by or in relation to, old Ombudsman
34 References in instruments
35 Operation of laws
36 Financial statements and other reporting requirements
Subdivision D—Private Health Insurance Ombudsman and staff
37 Private Health Insurance Ombudsman
38 Transfer of staff
Subdivision E—Miscellaneous
39 Appropriation of money
40 Exemption from stamp duty and other State or Territory taxes
41 Constitutional safety net—acquisition of property
42 Certificates taken to be authentic
43 Delegation by Minister
Division 2—Private Health Insurance Administration Council
44 Members of the Council
45 Chief Executive Officer
46 Staff and consultants
Division 3—Administration of premiums reduction and incentive payment scheme
47 Application of Part 6 4 of the new Act
48 Transition to participating insurer under the new Act
49 Applications to become a participating insurer before 1 July 2007
50 Continued application of Division 16
51 Continued application of Division 18
Division 4—Private health insurance levies
52 Continued application of Part VID of the National Health Act 1953 in relation to matters arising before commencement of new Act
53 Continued application of section 83I of the National Health Act 1953
Division 5—Disclosure of information
54 Transitional provision relating to secrecy obligations
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Part 7—Miscellaneous
55 Private Health Insurance (Transition) Rules
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56 Regulations
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Schedule 1—Repeals
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Part 1—Repeal of provisions
Health Insurance Act 1973
National Health Act 1953
Remuneration Tribunal Act 1973
Part 2—Repeal of Acts
Private Health Insurance (ACAC Review Levy) Act 2003
Private Health Insurance Incentives Act 1998
Schedule 2—Amendments
Age Discrimination Act 2004
A New Tax System (Goods and Services Tax) Act 1999
A New Tax System (Medicare Levy Surcharge—Fringe Benefits) Act 1999
Australian Securities and Investments Commission Act 2001
Corporations Act 2001
Education Services for Overseas Students Act 2000
Financial Sector (Collection of Data) Act 2001
Financial Transaction Reports Act 1988
Freedom of Information Act 1982
Health Insurance Act 1973
Hearing Services Administration Act 1997
Income Tax Assessment Act 1997
Insurance Act 1973
Insurance Contracts Act 1984
Life Insurance Act 1995
Medibank Private Sale Act 2006
Medical Indemnity Act 2002
Medicare Levy Act 1986
National Blood Authority Act 2003
National Health Act 1953
Veterans’ Entitlements Act 1986
Schedule 3—Amendments relating to transition from Private Health Insurance Incentives Act 1998
Income Tax Assessment Act 1936
Income Tax Assessment Act 1997
Private Health Insurance Act 2007
Private Health Insurance Incentives Act 1998
Taxation Administration Act 1953
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub Ch = Sub Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Endnote 3—Legislation history
Endnote 4—Amendment history