Commonwealth Numbered Acts Commonwealth Numbered Acts(1) In this Act:
"ADI " means an authorised deposit-taking institution within the meaning of the Banking Act 1959 .
"application provision " : see subsection 65(2).
"applied Corporations Act provision " : see subsection 65(3).
"appointed actuary " of a private health insurer means the person appointed as the actuary of the insurer in accordance with Division 2 of Part 5.
"approved form " : see section 172.
"APRA " means the Australian Prudential Regulation Authority.
"APRA rules " : see subsection 174(1).
"APRA staff member " has the same meaning as in the Australian Prudential Regulation Authority Act 1998 .
"assets " of a health benefits fund: see section 26.
"chief executive officer " of a private health insurer means the person who is primarily and directly responsible to the directors of the insurer for the general and overall management of the insurer.
"civil penalty order " : see subsection 156(2).
"complying health insurance policy " has the same meaning as in the Private Health Insurance Act 2007 .
"complying health insurance product " has the same meaning as in the Private Health Insurance Act 2007 .
"constitutional corporation " means a corporation to which paragraph 51(xx) of the Constitution applies.
"cover , in relation to an insurance policy, has " the same meaning as in the Private Health Insurance Act 2007 .
"declaration of contravention " means a declaration under subsection 155(1).
"dependent child " has the same meaning as in the Private Health Insurance Act 2007 .
"director " has the same meaning as in the Corporations Act 2001 .
"disqualified person " : see sections 119 and 121.
"enforceable obligation " means any of the following:
(a) a provision of this Act;
(b) a direction given under this Act;
(c) a provision of the risk equalisation levy legislation;
(d) if the registration of a private health insurer is subject to terms and conditions (see subsection 15(1))--those terms and conditions;
(e) in the case of a restricted access insurer--a provision included in the insurer's constitution or rules in order to comply with subsection 15(3).
Note: References to this Act include prudential standards and APRA rules (see the definition of this Act in this subsection).
"external administration " means administration or control (however described) by an external administrator.
"external administrator " means:
(a) any of the following, within the meaning of the Corporations Act 2001 :
(i) a liquidator or provisional liquidator;
(ii) a receiver, manager, managing controller, receiver and manager or other controller;
(iii) an administrator or a scheme manager; or
(b) a person who performs a similar role to a person referred to in subparagraph (a)(i), (ii) or (iii), whether under a law of the Commonwealth, or of a State or Territory, or otherwise;
but does not include an external manager or terminating manager.
"external management " means management, by an external manager, under Divisions 6 and 8 of Part 3.
"external manager " , in relation to a health benefits fund, means a person appointed under section 51 as the external manager of the fund.
"Federal Court " means the Federal Court of Australia.
"for profit insurer " means a private health insurer that is registered under Division 3 of Part 2 as a for profit insurer.
"health benefits fund " has the same meaning as in the Private Health Insurance Act 2007 .
"Health Department " means the Department administered by the Health Minister.
"health insurance business " has the same meaning as in the Private Health Insurance Act 2007 .
"Health Minister " means the Minister administering the Private Health Insurance Act 2007 .
"health-related business " has the same meaning as in the Private Health Insurance Act 2007 .
"Health Secretary " means the Secretary of the Health Department.
"improper discrimination " has the same meaning as in the Private Health Insurance Act 2007 .
"inspector " means a person appointed under section 130 to be an inspector.
"insurance " has the same meaning as in paragraph 51(xiv) of the Constitution.
"investigation warrant " : see subsection 136(1).
"lawyer " means a duly qualified legal practitioner and, in relation to a person, means such a practitioner acting for the person.
"makes a permitted capital payment " : see subsection 27(3).
"manager " , in relation to a health benefits fund, means an external manager or terminating manager of the fund.
"net asset position " of a health benefits fund means the difference between:
(a) the assets of the fund; and
(b) the policy liabilities and other liabilities of the fund that the private health insurer conducting the fund has incurred for the purposes of the fund.
"officer " of a private health insurer means:
(a) a director of the insurer; or
(b) a chief executive officer of the insurer; or
(c) any other person who has or exercises senior management responsibilities (within the meaning of prudential standards) for the insurer.
"penalty " includes forfeiture or punishment.
"personal information " has the same meaning as in the Privacy Act 1988.
"policy group " of a health benefits fund: see subsection 32(7).
"policy holder " of a health benefits fund has the same meaning as in the Private Health Insurance Act 2007 .
"policy liability " of a private health insurer means:
(a) a liability that has arisen under an insurance policy; or
(b) a liability that, subject to the terms and conditions of an insurance policy, will arise on the happening of an event, or at a time, specified in the policy.
"premises " includes the following:
(a) a structure, building, vehicle, vessel or aircraft;
(b) a place (whether or not enclosed or built on);
(c) a part of a thing referred to in paragraph (a) or (b).
"Private Health Insurance Ombudsman " has the same meaning as in the Private Health Insurance Act 2007 .
"private health insurer " means a body that is registered under Division 3 of Part 2.
"proceeding " means:
(a) a proceeding in a court; or
(b) a proceeding or hearing before, or an examination by or before, a tribunal;
whether the proceeding, hearing or examination is of a civil, administrative, criminal, disciplinary or other nature.
"prudential matters " : see subsection 92(2) .
"prudential standards " : see subsection 92(1).
"referable " has the same meaning as in the Private Health Insurance Act 2007 .
"responsible insurer " means:
(a) for a health benefits fund that is under external management--the private health insurer that was conducting the fund prior to the appointment of the external manager of the fund; or
(b) for a health benefits fund that is under terminating management--the private health insurer that was conducting the fund prior to the appointment of the terminating manager of the fund.
"restricted access group " : see subsection 15(4).
"restricted access insurer " means a private health insurer that is registered under Division 3 of Part 2 as a restricted access insurer.
"risk equalisation jurisdiction " has the same meaning as in the Private Health Insurance Act 2007 .
"risk equalisation levy legislation " means any of the following:
(a) the Private Health Insurance (Risk Equalisation Levy) Act 2003 ;
(b) the provisions of the Private Health Insurance Act 2007 , as they apply in relation to:
(i) levy imposed under the Private Health Insurance (Risk Equalisation Levy) Act 2003 ; or
(ii) the Risk Equalisation Special Account.
"Risk Equalisation Special Account " has the same meaning as in the Private Health Insurance Act 2007 .
"rules " of a private health insurer has the same meaning as in the Private Health Insurance Act 2007 .
"search powers " means powers to search for, inspect, take extracts from, and make copies of, documents.
"State insurance " has the same meaning as in paragraph 51(xiv) of the Constitution.
"statutory functions and duties " of an actuary of a private health insurer: see subsection 107(2).
"terminating management " means management, by a terminating manager, under Divisions 5 and 8 of Part 3.
"terminating manager " , in relation to the health benefits funds of a private health insurer, means a person appointed under Division 5 or 7 of Part 3 as the terminating manager of the funds.
"termination day " , in relation to the health benefits funds of a private health insurer: see subsection 40(2).
"this Act " includes prudential standards and APRA rules.
"voluntary deed of arrangement " means:
(a) a deed of arrangement agreed on at a meeting of a kind referred to in section 58; or
(b) such a deed as varied in accordance with APRA rules made for the purpose of this paragraph.
(2) To avoid doubt, a reference in this Act to another Act includes a reference to any regulations, rules, standards or other instruments made, and to any conditions imposed, under that other Act.
Note: For example:
(a) a reference to the Private Health Insurance Act 2007 includes a reference to rules made under that Act; and
(b) a reference to the Financial Sector (Collection of Data) Act 2001 includes a reference to reporting standards made under that Act.