Document ID: chunk:federal_register_of_legislation:F2015L01036:body:0:p7
Version: federal_register_of_legislation:F2015L01036
Segment Type: other
Provision Reference: 
Character Range: 15491–18289

subsection 440D (1) of the Corporations Act to 'the company' is not to be taken as a reference to 'the fund'.
Note: Subsection 56 (2) of the Act provides for the matters to which the external manager or the Court must have regard.

15.        Subsections 440J (2) and (3)
omit the subsections

16.        Subsection 441B (2)
omit
437C, 440B, 440F or 440G
insert
440B, or section 71 of the Private Health Insurance (Prudential Supervision) Act 2015,

17.        Subsection 441B (3)
omit
437D
insert
75 of the Private Health Insurance (Prudential Supervision) Act 2015,

18.        Section 441C
omit the section

19.        Section 441E
omit
437C or 440B
insert
440B, or section 71 of the Private Health Insurance (Prudential Supervision) Act 2015,

20.        Subsection 441F (2)
omit
437C or 440B
insert
440B, or section 71 of the Private Health Insurance (Prudential Supervision) Act 2015,

21.        Subsection 441F (3)
omit
437D
insert
75 of the Private Health Insurance (Prudential Supervision) Act 2015,

22.        Subsection 441G (2)
omit the subsection

23.        Section 441J
omit
437C or 440C
insert
440B, or section 71 of the Private Health Insurance (Prudential Supervision) Act 2015,

24.        Subsection 442D (2)
omit the subsection

25.        Subsection 442F (1)
omit
this Act
insert
the Private Health Insurance (Prudential Supervision) Act 2015 and any applied Corporations Act provision as modified.

26.        Subsection 442F (2)
omit the subsection

27.        Subsections 444A (1), (2) and (3)
omit the subsections
substitute
(1) This section applies where, at a meeting of creditors convened under the Private Health Insurance (Health Benefits Fund Enforcement) Rules 2015, a fund's creditors resolve that the responsible insurer execute a voluntary deed of arrangement.
 (2) The external manager of the fund is to be the administrator of the deed, unless the creditors, by resolution passed at the meeting, appoint someone else to be administrator of the deed, and APRA, by notice in writing, approves the resolution.
 (3) If APRA, by notice in writing, has approved the execution of the deed, the administrator of the deed must prepare an instrument setting out the terms of the deed.

28.        Paragraph 444A (4) (b)
Despite subsection 50 (4) of the Act, the second occurring reference in paragraph 444A (4) (b) of the Corporations Act to 'the company' is not to be taken as a reference to 'the fund'.

29.        Paragraph 444A (4) (d)
omit the paragraph
substitute
(d) to what extent the company is to be released from its debts in so far as the debts are debts of the fund
Despite subsection 50 (4) of the Act, the reference in paragraph 444A (4) (d) of the Corporations Act to 'the company' is not to be taken as a reference to 'the fund'.

30.        Paragraph