Document ID: chunk:federal_register_of_legislation:C2018A00101:clause:4_4:p1
Version: federal_register_of_legislation:C2018A00101
Segment Type: clause
Provision Reference: sch 4 cl 4 (pt 1/2)
Character Range: 17362–19900

4  Irregular health insurance policy to be treated as a complying health insurance policy
(1) The provisions of:
 (a) the Private Health Insurance Act 2007; and
 (b) any other law of the Commonwealth;
have effect, and are taken always to have had effect, as if section 63‑10 of that Act had always provided that an insurance policy that was an irregular health insurance policy at a time during the period:
 (c) beginning at the start of 1 April 2007; and
 (d) ending at the end of 30 June 2018;
is taken, for the purposes of that Act, to be a complying health insurance policy at that time.
(2) Subitem (1) does not apply:
 (a) in determining whether a person has committed an offence against section 84‑1 of the Private Health Insurance Act 2007; or
 (b) in determining the obligation of a court under subsection 84‑1(2) of that Act; or
 (c) in determining, for the purposes of subsection 84‑10(1) of that Act, whether a private health insurer has engaged, is engaging, or is proposing to engage, in conduct:
 (i) that contravenes or would contravene section 63‑1 of that Act; or
 (ii) that is or that would be an offence against section 84‑1 of that Act; or
 (d) in determining, for the purposes of subsection 84‑10(2) of that Act, whether a refusal or failure:
 (i) contravenes or would contravene section 63‑1 of that Act; or
 (ii) is or would be an offence against section 84‑1 of that Act; or
 (e) in determining, for the purposes of paragraph 84‑15(a) of that Act, whether a private health insurer has engaged in conduct that contravenes section 63‑1 of that Act or is an offence against section 84‑1 of that Act; or
 (f) in determining, for the purposes of paragraph 84‑15(b) of that Act, whether a refusal or failure contravenes section 63‑1 of that Act or is an offence against section 84‑1 of that Act; or
 (g) in determining the scope of a jurisdiction or power conferred on the Federal Court by section 84‑10 or 84‑15 of that Act.
(3) Subitem (1) does not apply:
 (a) in determining, for the purposes of Chapter 5 of the Private Health Insurance Act 2007, whether a private health insurer may have, or has, contravened an enforceable obligation (within the meaning of that Act); or
 (b) in determining the scope of a power conferred on the Minister by Chapter 5 of that Act; or
 (c) in determining the scope of a jurisdiction or power conferred on the Federal Court by Chapter 5 of that Act.
(4) Subitem (1) does not apply so as to preclude any common law action that could (apart from that subitem) have been brought by the