Document ID: chunk:federal_register_of_legislation:C2023C00427:clause:2_9
Version: federal_register_of_legislation:C2023C00427
Segment Type: clause
Provision Reference: sch 2 cl 9
Character Range: 20663–23194

9  Assistance given by a Medibank Private company or a Medibank Private Board in connection with a Medibank Private sale scheme

Giving assistance on own initiative
(1) A Medibank Private company may, on its own initiative, assist the Commonwealth in connection with the formulation, entering into, or carrying out, of a Medibank Private sale scheme.
(2) A member of a Medibank Private Board may, on the member's own initiative, assist the Commonwealth in connection with the formulation, entering into, or carrying out, of a Medibank Private sale scheme.
(3) The Minister for Finance may, by written notice given to a Medibank Private company, give directions to the company about the exercise of the company's powers under subitem (1). The company must comply with the direction.
(4) The Minister for Finance may, by written notice given to a member of a Medibank Private Board, give directions to the member about the exercise of the member's powers under subitem (2). The member must comply with the direction.

Giving assistance when requested by the Minister for Finance
(5) A Medibank Private company must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth in connection with the formulation, entering into, or carrying out, of a Medibank Private sale scheme. The assistance is to be given within the period, and in the form and manner, specified in the request.
(6) A Medibank Private Board must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth in connection with the formulation, entering into, or carrying out, of a Medibank Private sale scheme. The assistance is to be given within the period, and in the form and manner, specified in the request.

Immunity
(7) To avoid doubt, the giving of assistance as mentioned in subitem (1), (2), (5) or (6), the making of a request under subitem (5) or (6), or the giving of a direction under subitem (3) or (4), does not result in a contravention of, or give rise to a liability or remedy under:
 (a) a provision of the Corporations Act 2001; or
 (b) a provision of the National Health Act 1953; or
 (ba) a provision of the Private Health Insurance Act 2007; or
 (bb) a provision of the Private Health Insurance (Prudential Supervision) Act 2015; or
 (c) a rule of common law or equity (other than a rule of administrative law).

Consequences of a contravention
(8) A contravention of subitem (3), (4), (5) or (6) is not an offence. However, it is a ground for obtaining an injunction under Part 7.