Document ID: chunk:federal_register_of_legislation:C2023C00427:clause:2_10
Version: federal_register_of_legislation:C2023C00427
Segment Type: clause
Provision Reference: sch 2 cl 10
Character Range: 23194–25301

10  Giving of assistance—ancillary provisions
(1) The assistance mentioned in subitem 9(1), (2), (5) or (6) may take the form of:
 (a) the giving of information; or
 (b) the giving of financial assistance (within the meaning of Part 2J.3 of the Corporations Act 2001); or
 (c) the giving of a financial benefit to a related party (within the meaning of Chapter 2E of the Corporations Act 2001); or
 (d) the provision, by a Medibank Private company's directors or employees, of facilities, information and other assistance in connection with the conduct of:
 (i) a due diligence procedure or a similar process; or
 (ii) a market briefing or a similar process.
(2) Subitem (1) does not, by implication, limit the forms in which assistance may be given.
(3) Item 9 does not, by implication, limit any rights that are conferred on shareholders by other laws.
(4) Item 9 does not authorise the imposition of taxation (within the meaning of section 55 of the Constitution).
(5) Item 9 does not, by implication, limit:
 (a) the executive power of the Commonwealth to enter into an agreement; or
 (b) the capacity of a Medibank Private company, or of a member of a Medibank Private Board, to enter into an agreement with the Commonwealth.
Note: This ensures, for example, that the Commonwealth can enter into a co‑operation agreement with a Medibank Private company or with a member of a Medibank Private Board.
(6) Item 9 extends to the giving of assistance outside Australia, whether or not in a foreign country.
(7) Medibank Private may make a payment from the Medibank Private fund for the purpose of:
 (a) paying expenses incurred by it in relation to the giving of assistance under item 9; or
 (b) paying expenses incurred by a member of a Medibank Private Board in relation to the giving of assistance under item 9.
Note: Item 11 makes provision for the reimbursement of expenses incurred in relation to the giving of assistance under item 9.
(8) A payment, or a decision to make a payment, under subitem (7) does not contravene section 28 of the Private Health Insurance (Prudential Supervision) Act 2015.