Document ID: chunk:federal_register_of_legislation:C2025C00097:section:5:p29
Version: federal_register_of_legislation:C2025C00097
Segment Type: section
Provision Reference: s 5 (pt 29/56)
Character Range: 155972–158723

insurer in relation to one or more matters of a kind regulated by this Act; or
 (b) if the Minister is satisfied that the insurer has contravened an *enforceable obligation—be likely to ensure that the insurer will cease to be in contravention of the enforceable obligation.
 (3) The private health insurer may withdraw or vary the undertaking at any time with the consent of the acceptor of the undertaking.

197‑5  Enforcement of undertakings
 (1) If the Minister considers that a private health insurer that gave an undertaking under this Division has contravened any of its terms, the Minister may apply to the Federal Court for an order under subsection (2).
 (2) If the Federal Court is satisfied that the private health insurer has contravened a term of the undertaking, the court may make one or more of the following orders:
 (a) an order directing the insurer to comply with the terms of the undertaking;
 (b) if there is a contravention of an *enforceable obligation—any other order of a kind set out in Division 203 that the court considers appropriate.

Division 200—Ministerial directions

200‑1  Minister may give directions
 (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.
 (3) A direction mentioned in subsection (1) or (2) may, if the Minister considers it proper to do so, include requirements with respect to the reconsideration by the private health insurer of an application or claim made to the insurer and dealt with by it before the direction takes effect.
 (4)