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PRIVATE HEALTH INSURANCE (PRUDENTIAL SUPERVISION) ACT 2015 (NO. 85, 2015) - SECT 64

Disclaimer of onerous property

             (1)  In the application of the provisions of Division 7A of Part 5.6 of Chapter 5 of the Corporations Act 2001 for the purpose of determining the power of an external manager of a health benefits fund to disclaim property of the fund, those provisions have effect as if:

                     (a)  the external manager were the liquidator of the company that the fund is taken to constitute; and

                     (b)  the references in subsections 568B(3) and 568E(5) of that Act to the company's creditors were references to the policy holders of the fund.

             (2)  A disclaimer by an external manager of a health benefits fund has the same effect, and the external manager is under the same obligations, for the purposes of this Act, as if the disclaimer had been made under Division 7A of Part 5.6 of Chapter 5 of the Corporations Act 2001 .



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