Document ID: chunk:federal_register_of_legislation:C2025C00173:section:25
Version: federal_register_of_legislation:C2025C00173
Segment Type: section
Provision Reference: s 25
Character Range: 42251–43848

25  Inclusion of health‑related businesses in health benefits funds
 (1) If a private health insurer has a health benefits fund in respect of its health insurance business and some or all of its health‑related businesses, the dominant purpose of the fund must relate to its health insurance business.
 (2) If APRA is satisfied that a private health insurer is contravening subsection (1):
 (a) APRA may, by written notice to the insurer, give the insurer such directions relating to divesting the fund of health‑related businesses as APRA considers necessary to ensure the insurer's compliance with subsection (1); and
 (b) the insurer must comply with those directions.
 (3) APRA may, by written notice to a private health insurer, vary or revoke a direction given to the insurer under subsection (2).
 (4) A direction under subsection (2) ceases to have effect if APRA revokes the direction.
 (5) Sections 98, 101, 102 and 103 apply in relation to a direction under subsection (2) as if:
 (a) a reference in those sections to a direction under section 96 were a reference to a direction under subsection (2) of this section; and
 (b) the reference in subsection 101(3) to a direction of a kind referred to in paragraph 97(1)(l) were omitted.
Note: The matters dealt with in the sections applied by this subsection are as follows:
(a) section 98—power to comply with a direction;
(b) section 101—a direction is not grounds for denial of obligations;
(c) section 102—supply of information about directions;
(d) section 103—secrecy requirements.

Division 3—The operation of health benefits funds