Document ID: chunk:federal_register_of_legislation:C2023C00183:section:35
Version: federal_register_of_legislation:C2023C00183
Segment Type: section
Provision Reference: s 35
Character Range: 42318–44937

35  Operation of laws

Things done by old Ombudsman taken to be done by Private Health Insurance Ombudsman
 (1) If, before the Ombudsman conversion time, a thing was done by, or in relation to, the old Ombudsman, then, for the purposes of the operation of any law of the Commonwealth after the commencement time, the thing is taken to have been done by, or in relation to, the Private Health Insurance Ombudsman.
 (2) A thing done before the commencement time under a provision of Part VIC of the National Health Act 1953 has effect from the commencement time as if it had been done under the corresponding provision of the new Act:
 (a) during the period starting at the commencement time and ending immediately before the Ombudsman conversion time—by the old Ombudsman; and
 (b) at or after the Ombudsman conversion time—by the Private Health Insurance Ombudsman.
However, this is not taken to change the time at which the thing was actually done.
 (3) A complaint that the old Ombudsman had begun to handle before the commencement time may be handled:
 (a) during the period starting at the commencement time and ending immediately before the Ombudsman conversion time—by the old Ombudsman; and
 (b) at or after the Ombudsman conversion time—by the Private Health Insurance Ombudsman;
under the new Act as if the complaint had been made under the new Act, even if the ground for making the complaint does not exist under the new Act.
 (4) Despite the repeal of the Private Health Insurance Incentives Act 1998, the Private Health Insurance Ombudsman may, under Part 6‑2 of the new Act, deal with a complaint about a matter that arose under that Act as if the complaint were about a matter that arose under Chapter 2 of the new Act.

Minister and rules may provide otherwise
 (5) The Minister may, by writing, determine that subsection (1):
 (a) does not apply in relation to a specified thing done by, or in relation to, the old Ombudsman; or
 (b) applies as if the reference in that subsection to the Private Health Insurance Ombudsman were a reference to the Commonwealth.
A determination under this subsection has effect accordingly.
 (6) A determination made under subsection (5) is not a legislative instrument.
 (7) The Private Health Insurance (Transition) Rules may provide for a thing specified in a determination under paragraph (5)(a) to be taken to have been done by, or in relation to, a specified person or body other than the Commonwealth or the Private Health Insurance Ombudsman.

Meaning of doing
 (8) To avoid doubt, for the purposes of this section, doing a thing includes making an instrument.