Document ID: chunk:federal_register_of_legislation:F2015L01036:body:0:p9
Version: federal_register_of_legislation:F2015L01036
Segment Type: other
Provision Reference: 
Character Range: 20495–23292

reference in section 444G of the Corporations Act to 'the company' is not to be taken as a reference to 'the fund'.

44.        Section 444H
After the word 'debt', insert
that is a debt of the fund.
Despite subsection 50 (4) of the Act, the first occurring reference in section 444H of the Corporations Act to 'the company' is not to be taken as a reference to 'the fund'.

45.        Section 445A
omit the section
substitute
(1) A deed of company arrangement may be varied by a resolution passed at a meeting of the company's creditors convened under section 445F, but only if:
(a) the variation is not materially different from a proposed variation set out in the notice of the meeting; and
(b) APRA, having regard to a recommendation of the administrator of the deed given to APRA, and any other information APRA thinks relevant, approves the variation.
(2) In deciding whether to approve the variation, APRA may:
(a) request the administrator to provide further information relating to the variation or the recommendation; and
(b) engage any person to assist it in evaluating assessments made, or projections relied on, by the administrator in relation to the recommendation.
(3) In this section, despite paragraph 50 (4) (b) of the Private Health Insurance (Prudential Supervision) Act 2015:
(a) references to 'the administrator' are not to be taken as references to 'the external manager'; and
(b) administrator means the administrator of the voluntary deed of arrangement agreed on under the Private Health Insurance (Health Benefits Fund Enforcement) Rules 2015.

46.        Paragraph 445D (1) (b)
omit
subsection 439A (4)
insert
the Private Health Insurance (Health Benefits Fund Enforcement) Rules 2015

47.        Paragraph 445D (2) (b)
omit the paragraph

48.        Section 445E
omit the section

49.        Subsection 445G (1)
omit
ASIC
insert
APRA

50.        Subsection 447A (2)
omit the subsection

51.        Paragraphs 447A (4) (a) and (d)
Despite subsection 50 (4) of the Act, the references in paragraphs 447A (4) (a) and (d) of the Corporations Act to 'the company' are not to be taken as references to 'the fund'.

52.        Paragraph 447A (4) (e)
omit
ASIC
insert
APRA

53.        Subsection 447B (1)
omit
ASIC
insert
APRA

54.        Sections 447D and 447E
Despite subsection 50 (4) of the Act, references in sections 447D and 447E to the administrator of a voluntary deed of arrangement, including a deed varied in accordance with an applied Corporations Act provision as modified, are to be read as referring to the administrator of the deed.

55.        Subsection 447E (3)
omit
ASIC
insert
APRA

56.        Subsection 450A (1)
omit
436A, 436B or 436C
insert
51 of the Private Health Insurance (Prudential Supervision) Act 2015

57.        Subsection 450A (2)
omit the