Document ID: chunk:federal_register_of_legislation:C2025C00173:section:97:p1
Version: federal_register_of_legislation:C2025C00173
Segment Type: section
Provision Reference: s 97 (pt 1/2)
Character Range: 124342–126819

97  The kinds of direction that may be given
 (1) The kinds of direction that a private health insurer may be given under section 96 are directions to do any one or more of the following:
 (a) to comply with all, or specified:
 (i) enforceable obligations; or
 (ii) provisions of the Financial Sector (Collection of Data) Act 2001; or
 (b) to remove an officer of the insurer from office;
 (c) to ensure an officer of the insurer does not take part in the management or conduct of the business of the insurer except as permitted by APRA;
 (d) to appoint a person as an officer of the insurer for such term as APRA directs;
 (e) to terminate the appointment of the appointed actuary of the insurer and to appoint another actuary to hold office for such term as APRA directs;
 (f) not to give financial accommodation to any person;
 (g) not to issue or renew any policy, undertake any liability under any policy or collect any premium;
 (h) not to borrow any amount;
 (i) not to accept any payment on account of share capital, except payments in respect of calls that fell due before the direction was given;
 (j) not to repay any amount paid on shares;
 (k) not to pay a dividend on any shares;
 (l) not to discharge any policy or other liability;
 (m) not to transfer any asset;
 (n) not to pay or transfer any amount to any person, or create an obligation (contingent or otherwise) to do so;
 (o) not to undertake any financial obligation (contingent or otherwise) on behalf of any other person;
 (p) to hold, or otherwise deal in a specified way, with a specified amount of capital;
 (q) to provide, or further provide, in its accounts for the purposes of this Act, a specified amount or an amount determined in a specified way in respect of its liabilities or the value of a specified asset of the insurer;
 (r) to order an actuarial investigation of the affairs of the insurer, at the expense of the insurer, by an actuary chosen by APRA;
 (s) to do, or to refrain from doing, an act that relates to the way in which the affairs of the insurer are to be conducted or not conducted;
 (t) to modify the rules of the insurer;
 (u) to take specified action to ensure, as far as practicable, that the insurer will be able to meet the liabilities of a health benefits fund conducted by the insurer out of the assets of the fund as they become due;
 (v) to take specified action to ensure, as far as practicable, that assets of a health benefits fund conducted by the insurer will