Document ID: chunk:federal_register_of_legislation:C2010C00224:clause:1_5:p1
Version: federal_register_of_legislation:C2010C00224
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 1/2)
Character Range: 37097–39779

5                                                                                  a person disqualified under section 44                                     sections 43, 43A, 45 and 48              a person disqualified under section 44 under a disqualification that is continued in force under subitem (1)

(3) Sections 25A and 44 of the Insurance Act 1973 (as in force immediately after this item commences) apply in relation to any conduct engaged in by a person, whether before or after this item commences.

Waivers of disqualifications

(4) If:
 (a) either:
 (i) a person applies to APRA for a determination under section 26 of the Insurance Act 1973 that the person is not a disqualified person; or
 (ii) a person applies to APRA under section 45 of the Insurance Act 1973 for the revocation of a determination under section 44 of that Act; and
 (b) APRA has not made a decision on the application at the time this item commences;
the application is taken to be withdrawn at that time.

Note: See subitem (7) for the treatment of a decision by APRA under section 26 or 45 of the Insurance Act 1973 in respect of which review proceedings are on foot at commencement.

(5) A determination under section 26 of the Insurance Act 1973 that is in force immediately before this item commences continues in force after that time. However, APRA may not revoke the determination.

(6) If:
 (a) a determination in relation to a person continues in force under subitem (5); and
 (b) after this item commences, an order is made under section 25A of the Insurance Act 1973 (as in force at that time) that the person is disqualified from being or acting as a person referred to in subsection 25A(2) of that Act;
the determination ceases to be in force.

Review proceedings on foot at commencement

(7) The amendments to the Insurance Act 1973 made by this Schedule do not affect:
 (a) any request, in relation to a decision made under section 25A, 26, 44 or 45 of that Act, for a review that is pending under section 63 of that Act immediately before the commencement of this item; or
 (b) any proceeding, in relation to a decision under section 25A, 26, 44 or 45 of that Act that has been confirmed or varied under subsection 63(4) of that Act, that is pending before the Administrative Appeals Tribunal immediately before the commencement of this item; or
 (c) any appeal to a court in relation to a proceeding referred to in paragraph (b).

(8) If a disqualification by APRA under section 25A or 44, or a determination under section 26, of the Insurance Act 1973 is confirmed or varied as a result of a request, proceeding or appeal referred to in subitem (7), the disqualification or