Document ID: chunk:federal_register_of_legislation:C2005C00239:clause:1_73beg
Version: federal_register_of_legislation:C2005C00239
Segment Type: clause
Provision Reference: sch 1 cl 73BEG
Character Range: 28022–29818

73BEG  Consequences of investigation

  Upon the completion of an investigation under this Subdivision:
 (a) if the Minister is satisfied with the performance of the organization—the Minister must advise the registered organization in writing to that effect; and
 (b) if the Minister is satisfied that there has been a breach of the Act—the Minister must advise the organization of the nature of the breach and may:
 (i) request the organization to commit to an enforceable undertaking in terms satisfactory to the Minister under Subdivision C; or
 (ii) give a direction to the organization under Subdivision D that, in the opinion of the Minister, addresses the breach; or
 (iii) impose a further condition on the organization under section 73B that, in the opinion of the Minister, addresses the breach; or
 (iv) if the circumstances set out in Subdivision E apply—under section 14A‑1 of the Private Health Insurance Incentives Act 1998, revoke the status of the organization as a participating fund; or
 (v) apply to the Court for an order requiring the organization to undertake particular action by way of redressing the breach or for an order imposing a pecuniary penalty on an officer of the organization under Subdivision F; or
 (vi) take action under Part VIA; and
 (c) if the Minister is not satisfied that there has been a breach of the Act but considers that the performance of the organization can be improved—the Minister may:
 (i) request the organization to commit to an enforceable undertaking under Subdivision C; or
 (ii) give a direction to the organization under Subdivision D; or
 (iii) impose a further condition on the organization under section 73B;
  that, in the opinion of the Minister, is likely to improve its performance.

Subdivision C—Enforceable undertakings