Document ID: chunk:federal_register_of_legislation:F2024C00561:body:0:p13
Version: federal_register_of_legislation:F2024C00561
Segment Type: other
Provision Reference: 
Character Range: 31556–34372

temporarily present in Australia and who:
(i) is not, or will not be, an eligible person; or
(ii) is an eligible person by reason only of being treated as an eligible person under subsection 7 (2) of the Health Insurance Act 1973; and
(iii) is not an overseas student or specified temporary visa holder who has insurance provided by a private health insurer in the circumstances referred to in rule 18.
                     Note 'Overseas student' and 'specified temporary visa holder' are defined in rule 18.
      (2) Despite subrule (1), during the period from the commencement of these Rules until 1 July 2008, the business referred to in that subrule is health insurance business if it is conducted by a private health insurer.
      (3) Despite subrule (1), the business referred to in that subrule is health insurance business if the insurance covers a matter referred to in subsection 121‑1(2) of the Act and is a complying health insurance policy.

     18. Overseas students and specified temporary visa holders
      (1) For section 121‑30 of the Act, the business of undertaking liability, by way of insurance, with respect to a matter referred to in subsection 121‑1 (2) of the Act is not health insurance business if:
(a) the liability is undertaken by a private health insurer under:
(i) an overseas student health insurance contract; or
(ii) a specified temporary visa holder health insurance contract; and
(b) the insurer includes the business in a health benefits fund conducted by the insurer.
                Note: The business of insuring overseas visitors is health‑related business―see paragraph 131‑15 (1) (b) of the Act.
      (2) In this rule:
overseas student means:
(a) a person who is the holder of a student visa; or
(b) a person who:
(i) is an applicant for a student visa; and
(ii) is the holder of a bridging visa; and
(iii) was, immediately before being granted the bridging visa, the holder of a student visa.
overseas student health insurance contract and specified temporary visa holder health insurance contract each means an insurance policy made in accordance with a written agreement between a private health insurer and the Commonwealth that allows the private health insurer to pay benefits in respect of the whole or part of the fees and charges incurred by an overseas student or a specified temporary visa holder, as the case may be, or by a dependant of the student or visa holder, in relation to the provision in Australia of any or all of the following:
(a) medical, surgical, diagnostic, nursing, dental, chiropody, chiropractic, eye therapy, occupational therapy, physiotherapy, speech therapy or similar services or treatment;
(b) services involving the supply, alteration, maintenance or repair of hearing aids, spectacles, contact lenses, artificial teeth, eyes