a provision of this Act;

a direction given under this Act;

a provision of the risk equalisation levy legislation;

if the registration of a private health insurer is subject to terms and conditions (see subsection 15(1))—those terms and conditions;

in the case of a restricted access insurer—a provision included in the insurer’s constitution or rules in order to comply with subsection 15(3).

external administration means administration or control (however described) by an external administrator.

external administrator means:

(a) any of the following, within the meaning of the Corporations Act 2001:

a liquidator or provisional liquidator;

a receiver, manager, managing controller, receiver and manager or other controller;

an administrator or a scheme manager; or

a person who performs a similar role to a person referred to in subparagraph (a)(i), (ii) or (iii), whether under a law of the Commonwealth, or of a State or Territory, or otherwise;

but does not include an external manager or terminating manager.

external management means management, by an external manager, under Divisions 6 and 8 of Part 3.

external manager means a person appointed under section 51 as the external manager of the fund.

Federal Court means the Federal Court of Australia.

for profit insurer means a private health insurer that is registered under Division 3 of Part 2 as a for profit insurer.

health benefits fund has the same meaning as in the Private Health Insurance Act 2007.

Health Department means the Department administered by the Health Minister.

health insurance business has the same meaning as in the Private Health Insurance Act 2007.

Health Minister means the Minister administering the Private Health Insurance Act 2007.

health-related business has the same meaning as in the Private Health Insurance Act 2007.

Health Secretary means the Secretary of the Health Department.

improper discrimination has the same meaning as in the Private Health Insurance Act 2007.

inspector means a person appointed under section 130 to be an inspector.

insurance has the same meaning as in paragraph 51(xiv) of the Constitution.

investigation warrant: see subsection 136(1).

lawyer means a duly qualified legal practitioner and, in relation to a person, means such a practitioner acting for the person.

makes a permitted capital payment: see subsection 27(3).

manager means an external manager or terminating manager of the fund.

net asset position of a health benefits fund means the difference between: the assets of the fund; and the policy liabilities and other liabilities of the fund that the private health insurer conducting the fund has incurred for the purposes of the fund.

the assets of the fund; and

the policy liabilities and other liabilities of the fund that the private health insurer conducting the fund has incurred for the purposes of the fund.

officer of a private health insurer means:

a director of the insurer; or

a chief executive officer of the insurer; or

any other person who has or exercises senior management responsibilities (within the meaning of prudential standards) for the insurer.

personal information has the same meaning as in the Privacy Act 1988.

policy group of a health benefits fund: see subsection 32(7).

policy holder of a health benefits fund has the same meaning as in the Private Health Insurance Act 2007.

policy liability of a private health insurer means:

a liability that has arisen under an insurance policy; or

a liability that, subject to the terms and conditions of an insurance policy, will arise on the happening of an event, or at a time, specified in the policy.

premises includes the following: a structure, building, vehicle, vessel or aircraft; a place (whether or not enclosed or built on); a part of a thing referred to in paragraph (a) or (b).

a structure, building, vehicle, vessel or aircraft;

a place (whether or not enclosed or built on);

a part of a thing referred to in paragraph (a) or (b).

Private Health Insurance Ombudsman has the same meaning as in the Private Health Insurance Act 2007.

private health insurer means a body that is registered under Division 3 of Part 2.

proceeding means:

a proceeding in a court; or

a proceeding or hearing before, or an examination by or before, a tribunal;

whether the proceeding, hearing or examination is of a civil, administrative, criminal, disciplinary or other nature.

prudential matters: see subsection 92(2).

prudential standards: see subsection 92(1).

referable has the same meaning as in the Private Health Insurance Act 2007.

responsible insurer means:

for a health benefits fund that is under external management—the private health insurer that was conducting the fund prior to the appointment of the external manager of the fund; or

for a health benefits fund that is under terminating management—the private health insurer that was conducting the fund prior to the appointment of the terminating manager of the fund.

restricted access group: see subsection 15(4).

restricted access insurer means a private health insurer that is registered under Division 3 of Part 2 as a restricted access insurer.

risk equalisation jurisdiction has the same meaning as in the Private Health Insurance Act 2007.

risk equalisation levy legislation means any of the following: (a) the Private Health Insurance (Risk Equalisation Levy) Act 2003; (b) the provisions of the Private Health Insurance Act 2007, as they apply in relation to: (i) levy imposed under the Private Health Insurance (Risk Equalisation Levy) Act 2003; or the Risk Equalisation Special Account.

(a) the Private Health Insurance (Risk Equalisation Levy) Act 2003;

(b) the provisions of the Private Health Insurance Act 2007, as they apply in relation to:

(i) levy imposed under the Private Health Insurance (Risk Equalisation Levy) Act 2003; or

the Risk Equalisation Special Account.

Risk Equalisation Special Account has the same meaning as in the Private Health Insurance Act 2007.

rules of a private health insurer has the same meaning as in the Private Health Insurance Act 2007.

search powers means powers to search for, inspect, take extracts from, and make copies of, documents.

State insurance has the same meaning as in paragraph 51(xiv) of the Constitution.

statutory functions and duties of an actuary of a private health insurer: see subsection 107(2).

terminating management means management, by a terminating manager, under Divisions 5 and 8 of Part 3.

terminating manager means a person appointed under Division 5 or 7 of Part 3 as the terminating manager of the funds.

termination day, in relation to the health benefits funds of a private health insurer: see subsection 40(2).

this Act includes prudential standards and APRA rules.

voluntary deed of arrangement means:

a deed of arrangement agreed on at a meeting of a kind referred to in section 58; or

such a deed as varied in accordance with APRA rules made for the purpose of this paragraph.

(a) a reference to the Private Health Insurance Act 2007 includes a reference to rules made under that Act; and

(b) a reference to the Financial Sector (Collection of Data) Act 2001 includes a reference to reporting standards made under that Act.

the person carries on health insurance business; and

the person is not a private health insurer.

whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; and

whether or not the person has previously engaged in conduct of that kind.

whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and

whether or not the person has previously refused or failed to do that act or thing.

(a) a company within the meaning of the Corporations Act 2001; and

a constitutional corporation;

may apply to APRA for registration as a private health insurer.

must be in the approved form; and

must be accompanied by a copy of the applicant’s proposed rules; and

if the applicant is seeking to be registered as a for profit insurer—must state that fact; and

if the applicant is seeking to be registered as a restricted access insurer—must state that fact.

the applicant is taken to be, or have been, registered as a private health insurer under this Division from the date of effect specified in the instrument granting the application (which may be a date that occurred before the application was made); and

if the grant is subject to terms and conditions—the registration is taken to be subject to those terms and conditions from the day on which the applicant is notified of the granting of the application; and

if the applicant sought to be registered as a for profit insurer—the registration is taken to be registration of the applicant as a for profit insurer; and

if the applicant sought to be registered as a restricted access insurer and the applicant’s constitution or rules satisfy subsection (3)—the registration is taken to be registration of the applicant as a restricted access insurer.

describe the restricted access group to whom the applicant’s complying health insurance products are, or will be, available; and

prohibit the applicant from issuing a complying health insurance policy to a person who does not belong to the group; and

prohibit the applicant from ceasing to insure a person for the reason that the person has ceased to belong to the group.

are or were employed in a particular profession, trade, industry or calling; or

are or were employed by a particular employer or by an employer who belongs to a particular class of employers; or

are or were members of a particular profession, professional association or union; or

are or were members of the Defence Force or part of the Defence Force; or

are or were part of any group described in APRA rules made for the purpose of this paragraph.

The partners and dependent persons of people who belong to such a group are also taken to belong to that group.

give the applicant written notice of the grant, and of the terms and conditions (if any) to which the grant is subject; and

within one month after granting the application, publish in the Gazette a notification of the grant setting out:

the applicant’s name; and

the date of effect of the applicant’s registration; and

the terms and conditions (if any) to which the grant is subject.

because of subsection (2) or otherwise, is registered as a for profit insurer; and

notifies APRA in the approved form, that it does not wish to be registered as a for profit insurer;

is taken, from the day after the day on which APRA receives the notice, not to be registered as a for profit insurer.

because of subsection (1) or otherwise, a private health insurer is not registered as a for profit insurer; and

APRA approves under section 20 an application by the insurer for the insurer to convert to being registered as a for profit insurer;

the insurer is taken, from the day specified in APRA’s approval, to be registered as a for profit insurer.

the Health Secretary; and

the Private Health Insurance Ombudsman; and

the Commissioner of Taxation.

Restricted access insurer

because of subsection (5) or otherwise, is registered as a restricted access insurer; and

notifies APRA, in the approved form, that it does not wish to be registered as a restricted access insurer;

is taken, from the day after the day on which APRA receives the notice, not to be registered as a restricted access insurer.

because of subsection (4) of this section or otherwise, is not registered as a restricted access insurer; and

notifies APRA, in the approved form, that it wishes to be registered as a restricted access insurer;

is taken, from the day after the day on which APRA receives the notice, to be registered as a restricted access insurer.

the Health Secretary; and

the Private Health Insurance Ombudsman.

must be in the approved form and must contain, or be accompanied by, a conversion scheme as required by the approved form; and

must be given to APRA at least 90 days before the day specified in the application as the day on which the insurer proposes that it become registered as a for profit insurer.

How APRA decides an application

the application complies with subsection (2); and

the conversion scheme would not in substance involve the demutualisation of the insurer.

APRA must, at least 45 days before the day specified in the application, cause a notice of the application to be published in a manner that results in the notice being accessible to the public and reasonably prominent; and

within 90 days after the application is made, APRA may, by written notice to the insurer, require the insurer to give APRA such further information relating to the application as is specified in the notice.

APRA is satisfied that the application complies with subsection (2); and

the insurer has given APRA such further information (if any) as APRA has required under paragraph (4)(b); and

APRA is satisfied that the conversion scheme would not result in a financial benefit to any person who is not a policy holder of, or another person insured through, a health benefits fund conducted by the insurer; and

APRA is satisfied that the conversion scheme would not result in financial benefits from the scheme being distributed inequitably between such policy holders and insured persons.

the insurer has not conducted health insurance business during the preceding 12 months; or

the insurer’s health benefits funds have been terminated under Division 5 of Part 3; or

(c) the insurer ceases to be a company within the meaning of the Corporations Act 2001.

give the insurer written notice of the cancellation; and

within one month after the cancellation, publish in the Gazette a notification of the cancellation.

its health insurance business; or

its health insurance business and some or all of its health-related businesses.

(a) each of those funds is a fund (a pre-1 April 2007 fund):

that existed on 1 April 2007; and

(ii) that, immediately before that day, was conducted by a registered organization (within the meaning of the National Health Act 1953 as in force before that day); or

each of those funds, other than one of them, is a pre-1 April 2007 fund and that one other fund was established in connection with a restructure of funds approved under:

Division 4 of this Part; or

(ii) Private Health Insurance Act 2007 as in force before the commencement of this section.Division 146 of the

the establishment of the fund; and

the day on which the fund was established; and

such other matters as are specified in APRA rules made for the purpose of this paragraph.

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

the insurer must comply with those directions.

a reference in those sections to a direction under section 96 were a reference to a direction under subsection (2) of this section; and

the reference in subsection 101(3) to a direction of a kind referred to in paragraph 97(1)(l) were omitted.

section 98—power to comply with a direction;

section 101—a direction is not grounds for denial of obligations;

section 102—supply of information about directions;

section 103—secrecy requirements.

the balance of money represented by amounts credited to the fund in accordance with section 27;

assets of the insurer obtained as a result of the expenditure or application of money credited to the fund;

investments held by the insurer as a result of the expenditure or application of money credited to the fund;

other money, assets or investments of the insurer transferred to the fund, whether under this Act or otherwise.

include assets that, in accordance with a restructure or arrangement approved under Division 4, are to be assets of the fund; but

do not include assets that, in accordance with such a restructure or arrangement, are no longer to be assets of the fund.

the private health insurer conducting the fund is a for profit insurer; and

the expenditure or application was not done for the purposes of the fund.

Act does not have effect of making insurer etc. a trustee of assets of a health benefits fund

premiums payable under policies of insurance that are referable to the fund;

amounts paid to the insurer in relation to a liability under Division 9 in relation to the fund;

income from the investment of assets of the fund;

money paid to or by the insurer under a judgment of a court relating to any matter concerning the business of the fund or any failure to comply with this Part in relation to the fund;

any other money received by the insurer in connection with its conduct of the business of the fund;

any other amounts specified in APRA rules made for the purpose of this paragraph.

is not required to be credited to the fund under subsection (1); and

either:

does not represent any part of the assets of another health benefits fund; or

is credited to the fund with APRA’s written approval.

for any purpose other than:

meeting policy liabilities and other liabilities, or expenses, incurred for the purposes of the business of the fund including policy liabilities and other liabilities that are treated, in accordance with a restructure or arrangement approved under Division 4, as policy liabilities and other liabilities incurred for the purposes of the fund; or

making investments in accordance with section 30; or

making a distribution under Division 5; or

a purpose specified in APRA rules made for the purpose of this subparagraph; or

for a purpose specified in APRA rules made for the purpose of this paragraph.

Mortgaging or charging assets

to secure an overdraft from an ADI; or

for such other purposes, and subject to such conditions, as are specified in APRA rules made for the purpose of this paragraph.

Borrowing money

prudential standards relating to capital adequacy or solvency that apply in relation to the fund; or

a direction given to the insurer under section 96 that relates to the fund.

Section does not apply to certain transfers of assets

from one health benefits fund to another in accordance with a restructure or arrangement approved under Division 4; or

in accordance with a direction under subsection 25(2).

the Federal Court makes an order under subsection (2); or

it is included in a class of transactions specified in APRA rules, made for the purpose of this paragraph, to be transactions to which this section applies, and the Court has not made an order under subsection (6).

Order declaring the transaction to be effective

was entered into in contravention of section 28; and

is included in a class of transactions of a kind referred to in paragraph (1)(b) of this section;

is, and is to be taken always to have been, of no effect for any purpose.

nothing in this Act authorises a private health insurer to make an investment the insurer would otherwise be prohibited from making; and

nothing in this Act authorises a private health insurer to make an investment the insurer would not otherwise have power to make; and

a private health insurer must not invest assets of a health benefits fund, or keep such assets invested, if the investment, or the retention of the investment, as the case requires, is prohibited by APRA rules made for the purpose of this paragraph, or by prudential standards.

the insurance policies concerned are all of the policies that, immediately before the restructure, were referable to the transferring fund and belonged to one or more policy groups of that fund; and

the insurer applies to APRA, in the approved form, for approval of the restructure; and

APRA approves the restructure in writing; and

the insurer complies with any requirements imposed on the insurer in relation to the restructure by APRA rules made for the purpose of this paragraph.

How APRA decides whether to approve the restructure

the assets and liabilities that would be transferred to the receiving fund or funds represent a reasonable estimate of what would, immediately before the restructure, be the net asset position of the transferring fund; and

if there is more than one receiving fund—those assets and liabilities would be fairly distributed between the receiving funds; and

(c) the restructure will not result in any contravention of prudential standards.

it considers that the restructure will result in unfairness to the policy holders of a health benefits fund of the insurer as that fund exists immediately before the restructure, when those policy holders are viewed as a group; or

it considers that the restructure will result in unfairness to the persons who would be policy holders of a health benefits fund of the insurer as that fund would exist immediately after the restructure, when those persons are viewed as a group; or

the insurer is being wound up when the application is made.

APRA rules may provide for various matters

criteria for the approval of applications under subsection (1);

how to work out reasonable estimates of the kind referred to in paragraph (2)(a);

criteria for deciding under paragraph (2)(b) whether assets and liabilities would be fairly distributed;

requirements to notify interested persons of the outcomes of such applications;

matters connected with how restructures take place, including the following:

insurance policies becoming referable to a receiving fund or funds;

policy liabilities and other liabilities incurred for the purposes of a transferring fund becoming treated as policy liabilities and other liabilities incurred for the purposes of a receiving fund or funds;

assets of a transferring fund becoming assets of a receiving fund or funds;

the timing of restructures;

if a receiving fund is a proposed new health benefits fund—the establishment of that fund;

requirements for private health insurers to give APRA information following restructures.

Approval is not a legislative instrument

that are referable to the fund; and

the addresses of the policy holders of which, as known to the private health insurer conducting the fund, are located in the same risk equalisation jurisdiction.

APRA rules may provide for how to work out the policy group for a policy that has 2 or more holders whose addresses are not all located in the same risk equalisation jurisdiction.

(a) insurance policies that are referable to a health benefits fund or funds (transferring funds) of the transferor insurer or transferor insurers become referable to a health benefits fund or funds (receiving funds) of the transferee insurer; and

in relation to each of the transferring funds, the insurance policies concerned are:

all of the insurance policies that are referable to the transferring fund; or

all of the insurance policies that are referable to the transferring fund and that belong to one or more policy groups of the fund.

the insurers referred to in subsection (1) apply jointly to APRA, in the approved form, for approval of the arrangement; and

APRA approves the arrangement in writing; and

the insurers comply with any requirements imposed on the insurers in relation to the arrangement by APRA rules made for the purpose of this paragraph.

How APRA decides whether to approve the arrangement

the assets and liabilities that would be transferred, under the arrangement, to the receiving fund or funds represent a reasonable estimate of what would, immediately before the restructure, be:

if there is only one transferring fund—the net asset position of the fund; or

if there is more than one transferring fund—the sum of the net asset positions of each of the funds; and

if, under the arrangement, there would be more than one receiving fund—those assets and liabilities would be fairly distributed between the receiving funds; and

if subparagraph (1)(b)(i) applies to any transferring fund—the net asset position of the fund immediately after the arrangement takes effect will not be greater than zero; and

the arrangement will not result in any contravention of prudential standards if it takes effect.

criteria for the approval of applications under subsection (2);

how to work out reasonable estimates of the kind referred to in paragraph (3)(a);

criteria for deciding under paragraph (3)(b) whether assets and liabilities would be fairly distributed;

requirements to notify interested persons of the outcomes of such applications;

matters connected with how arrangements take effect, including the following:

insurance policies becoming referable to a health benefits fund or funds of the transferee insurer;

policy liabilities and other liabilities incurred for the purposes of a health benefits fund or funds of a transferor insurer becoming treated as policy liabilities and other liabilities incurred for the purposes of a health benefits fund or funds of the transferee insurer;

assets of a health benefits fund or funds of a transferor insurer becoming assets of a health benefits fund or funds of the transferee insurer;

the timing of arrangements;

requirements for private health insurers to give APRA information following arrangements taking effect.

Notice to be given if arrangement takes effect

the insurer is not in the process of being wound up; and

each of its health benefits funds complies with prudential standards relating to capital adequacy or solvency that apply in relation to the funds; and

in relation to each of the funds, termination of the fund will not result in unfairness to the policy holders of the fund, when those policy holders are viewed as a group;

and is satisfied as to such other matters as are specified in APRA rules made for the purpose of this subsection.

may, in writing, appoint a person other than the applicant as the terminating manager of the funds; and

must give the insurer written notice:

of the approval of the termination; and

if paragraph (a) applies—of the appointment of the terminating manager.

enter into an insurance policy that is referable to any of its funds with a person who is not already a holder of such a policy; or

if the insurer is a for profit insurer—apply the assets of any of the funds except in accordance with subsection 28(2) (unless this paragraph has ceased to apply to the insurer because of section 45); or

if the insurer is not a for profit insurer—become a for profit insurer.

(a) give a written notice, stating the day (the termination day) from which it will not renew insurance policies that are referable to any of its funds, to:

each policy holder of any of its funds; and

APRA; and

notify the termination day by publishing a notice:

unless subparagraph (ii) applies—in a manner that results in the notice being accessible to the public and reasonably prominent; or

if a determination under subsection (2A) is in force—in a manner specified in the determination.

The termination day must not be earlier than 90 days after the insurer finishes giving notices under this subsection.

APRA; or

a terminating manager of the funds.

a private health insurer contravenes this Act in relation to a health benefits fund that it conducts; and

the contravention results in a loss to the fund; and

the termination of the fund is completed;

the persons who were officers of the insurer when the contravention occurred are jointly and severally liable to pay to APRA an amount equal to the amount of the loss.

must make a written report to APRA relating to the termination of the health benefits funds of a private health insurer as soon as practicable after the completion of the termination of the funds; and

may, at any earlier time, make a written report to APRA relating to the termination of the funds.

by the provisions of this Division; and

(b) by the provisions of Divisions 6, 7, 8, 10, 11, 11AA, 13 and 16 of Corporations Act 2001 Division 7A of Part 5.6 of Chapter 5 of that Act and Divisions 75 and 90 of Schedule 2 to that Act, all applying, so far as they are capable of so doing, subject to such modifications as are set out in:Part 5.3A of Chapter 5 of the

this Act; or

APRA rules made for the purpose of this subparagraph.

a reference to the company were a reference to the fund; and

a reference to the administrator or external administrator were a reference to the external manager of the fund appointed under this Act; and

a reference to the Court were a reference to the Federal Court.

must be a registered liquidator who is entitled to act as the external manager of a health benefits fund under the current conditions (if any) imposed on the person; and

must not be a person who is:

a policy holder of the fund; or

an appointed actuary of the fund; or

an auditor of the fund; or

a chargee of property of the fund; or

an officer of a body corporate that is a chargee of property of the fund; or

a person who is otherwise related to the fund.

APRA is satisfied that the private health insurer conducting the fund has contravened:

a prudential standard relating to capital adequacy or solvency that applies in relation to the fund; or

a direction given to the insurer under section 96 that relates to the fund; or

a request for external management of the fund is made to APRA by a resolution of the directors of the insurer; or

a ground specified in APRA rules, made for the purpose of this paragraph, applies in respect of the fund.

to examine the business, affairs and property of the fund; and

to ascertain the assets and liabilities of the fund; and

if the business of the fund has been mixed with other business of the private health insurer concerned—to apportion the assets and liabilities as between the fund and that other business; and

to form an opinion as to which course of action maximises the chance that the policy holders of the fund continue to be covered for health insurance either by that fund or by another fund to which the business of that fund is transferred; and

to make a final written report to APRA, in accordance with Subdivision E, recommending that course of action.

conferring further powers on the external manager of a health benefits fund; and

where appropriate, qualifying the exercise of those powers;

the provisions of that Division are taken not to include section 442A or subsection 442D(1).

the proceedings do, or do not, relate to any property of the fund under external management; and

the proceedings would, or would not, be materially detrimental to the interests of the policy holders of the fund.

the provisions of that Division are taken not to include section 441A; and

subsection 441D(1) is taken not to include the words following paragraph 441D(1)(b).

the external manager of a health benefits fund giving written consent; or

the court giving leave;

for the enforcement of a charge, subject to any condition specified by the external manager or by the court, as the case requires, if the external manager or the court is satisfied:

that the charge does not relate to the property of the fund under external management; and

that the enforcement of the charge will not be materially detrimental to the interests of the policy holders of the fund.

Subdivision D—Procedure relating to voluntary deeds of arrangement

the convening by external managers of health benefits funds of meetings of creditors of those funds, and the policy holders of the funds, to consider the possibility of the responsible insurers for those funds executing voluntary deeds of arrangement;

the procedure for convening such meetings (including the giving of notices);

the conduct of such meetings;

the matters that may be decided at such meetings;

the circumstances in which the external managers must include in their reports to APRA under section 59, recommendations arising out of decisions taken at such meetings;

the kinds of such recommendations that may be included in those reports;

the actions that APRA may take if such recommendations are included in those reports.

conclude the examination of the business, affairs and property of the fund; and

make a final written report to APRA.

the 3 months after being appointed as external manager; or

such longer period as APRA determines in writing.

recommend a course of action that, in the external manager’s opinion, maximises, in the circumstances, the chance that the policy holders of the fund continue to be covered for health insurance either by that fund or by another fund to which the business of that fund is transferred; and

set out the reasons for that recommendation.

subject to the Federal Court’s making an order or orders in relation to the matter, that the responsible insurer for the fund implement a scheme of arrangement concerning the business of the fund; or

subject to the Court’s making an order or orders in relation to the matter, that a terminating manager of the health benefits funds of the responsible insurer be appointed; or

that the external management cease and that the business of the fund be resumed by the responsible insurer for the fund.

the continuance, on terms or conditions set out in the scheme, of the business of the fund; or

the transfer of the fund, on terms set out in the scheme, to a private health insurer other than the responsible insurer for the fund; or

the execution of a deed in the same terms as a proposed voluntary deed of arrangement rejected at a meeting of a kind referred to in section 58.

request the external manager to provide further information on any matter; and

engage any person to assist it in evaluating assessments made, or projections relied on, by the external manager in relation to matters dealt with in the report.

APRA must have regard to the external manager’s report, and to any additional information provided by the external manager or by any person engaged to assist APRA, in reaching its decision.

APRA to inform external manager if satisfied with a recommended course of action

APRA applying to the Federal Court for an order or orders in relation to the responsible insurer for the fund implementing a scheme of arrangement concerning the business of the fund; and

APRA applying to the Court for an order or orders for the appointment of a terminating manager of the health benefits funds of the responsible insurer.

APRA and any other person interested are entitled to be heard; and

the Federal Court may make such order or orders in respect of the course of action the subject of the application as it considers to be, in all the circumstances, in the interests of the policy holders of the health benefits fund concerned.

Subdivision F—Miscellaneous

APRA terminates the appointment of the external manager and does not appoint a replacement external manager; or

a voluntary deed of arrangement relating to the fund is executed; or

APRA notifies the external manager, under subsection 60(2), that it has accepted the external manager’s recommendation, made under subsection 59(3), that the external management cease; or

the Federal Court makes an order or orders under section 61 for a course of action approved by APRA and incorporated in a scheme of arrangement; or

a terminating manager of the fund is appointed.

the external manager were the liquidator of the company that the fund is taken to constitute; and

the references in subsections 568B(3) and 568E(5) of that Act to the company’s creditors were references to the policy holders of the fund.

(a) provides for the application of a provision, or a group of provisions (including a Chapter, Part, Division or Subdivision), of the Corporations Act 2001; or

(b) refers to a provision, or group of provisions, of the Corporations Act 2001 as so applied.

an applied Corporations Act provision; or

a provision of regulations or another instrument that is applied as a result of subsection (1);

as that provision applies for the purposes of a provision of this Division, unless a contrary intention appears in an application provision or in a modification made by APRA rules.

Things that may be done under regulations under the Corporations Act

APRA rules may do that thing for the purposes of the applied Corporations Act provision; and

if they do, any regulations or instruments that are applied as a result of subsection (1) are ineffective, for the purposes of this Division, to the extent that they are inconsistent with the provisions of APRA rules that do that thing.

to control the business, affairs and property of the fund; and

to carry on the business of the fund, and to manage the affairs and property of the fund; and

to terminate or dispose of all or any part of the business, and to dispose of all or any part of the property, of the fund; and

to execute a document, bring or defend proceedings, or do any other thing, in the name of the responsible insurer for the fund, for the purposes of the business of the fund; and

to appoint a lawyer to assist him or her in his or her duties; and

to appoint an agent to do any business that the manager is unable to do, or that it is unreasonable to expect the manager to do, in person; and

to perform or exercise any other function or power that the insurer or any of its officers or employees could perform or exercise in relation to the conduct of the fund if the fund were not under external management or terminating management.

the insurer;

any of the insurer’s officers or employees;

an external administrator of any of the assets of the fund;

to perform or exercise any of the functions or powers mentioned in subsection (1) in relation to the fund are suspended while the fund is under external management or terminating management. However, such a person may exercise powers or functions with the manager’s written approval.

deliver to the manager all records in the director’s possession that relate to the business of the fund; and

if the director knows of the locality of other records relating to the business of the fund—tell the manager of that locality.

attend on the manager at such times; and

give the manager such information about the business, property, affairs and financial circumstances of the fund;

as the manager reasonably requires.

the person is required, by or under subsection (1), (2), (3) or (4), to do something; and

the person does not comply with the requirement.

to retain possession of records of the responsible insurer for the fund; or

to claim or enforce a lien on such records;

but such a lien is not otherwise prejudiced.

the person is given a notice under subsection (3); and

the person fails to comply with the notice.

the transaction or dealing has been entered into by the manager of the fund; or

the manager consented to the transaction or dealing before it was entered into; or

the transaction or dealing was entered into by order of the Federal Court or of the Supreme Court of a State or Territory.

(a) in good faith and in the ordinary course of the ADI’s banking business; and

after the external management or terminating management began but on or before the day on which the manager gives to the ADI written notice of the appointment that began the external management or terminating management.

the person is:

an officer of the responsible insurer for a health benefits fund under external management or terminating management; or

(ii) an external administrator of any of the assets of the fund; and

the person:

purported to enter into a transaction or dealing on behalf of the responsible insurer; or

was in any way, by act or omission, directly or indirectly concerned in, or party to, a transaction or dealing; and

the transaction or dealing is, because of the operation of subsection (1), void, or would be void apart from subsection (3).

a court finds a person guilty of an offence against subsection 75(4); and

the court is satisfied that the health benefits fund under external management or terminating management to which the offence relates has suffered loss or damage because of the act or omission constituting the offence;

the court may (whether or not it imposes a penalty) order the person to pay compensation of such amount as the order specifies to the responsible insurer for the fund.

the exercise of the powers that are vested in the manager; or

the provision to APRA, from time to time, of interim reports relating to the business of the health benefits fund under external management or terminating management.

the exercise of the powers that are vested in the manager; or

the provision to APRA, from time to time, of interim reports relating to the business of the health benefits fund under external management or terminating management.

APRA; or

a terminating manager appointed under Division 7.

Obligation to comply with directions

the manager is divested of the functions and powers referred to in subsection 70(1); and

all of the other functions and powers of the manager in relation to the fund cease.

the Federal Court has ordered under section 43 an end to the termination of the health benefits funds in question; or

the termination of those funds has been completed, and the terminating manager has reported to APRA in accordance with paragraph 47(1)(a).

subsection 70(2) ceases to have effect; and

officers, employees and external administrators may resume performing or exercising powers and functions in relation to the fund, subject to any directions made by the Federal Court under subsection 43(4).

a conveyance, assignment, transfer, mortgage or charge of assets of the fund; or

a payment of money of the fund; or

any other disposition of assets of the fund;

is valid in favour of any person taking such assets in good faith and for value and without actual knowledge of the defect or irregularity.

a payment of money of the fund; or

any other disposition of assets of the fund;

is to be protected and indemnified in so doing if the person does not have actual knowledge of the defect or irregularity.

in relation to the fund; or

in relation to the rights and obligations of persons in relation to the responsible insurer for the fund.

in relation to the fund; or

in relation to the rights and obligations of persons in relation to the responsible insurer for the fund.

external managers have been appointed under Division 6 of this Part; or

terminating managers have been appointed under Division 5 or 7 of this Part.

modify a provision of this Act that creates an offence; or

include new provisions that create offences.

APRA has given a notice to a private health insurer under section 88 in respect of a contravention of this Part; and

the contravention has resulted in a loss to a health benefits fund; and

the insurer has failed to comply with the notice within the period specified in it, or within that period as extended under subsection 88(2);

the persons who were the directors of the insurer when the contravention occurred are jointly and severally liable to pay the insurer an amount equal to the amount of the loss.

by the insurer; or

with the written approval of APRA, by a policy holder of the health benefits fund involved.

the conduct of the affairs of the insurer in such a way as:

to keep the insurer in a sound financial position; or

not to cause or promote instability in the Australian private health insurance system; or

the conduct of the affairs of the insurer with integrity, prudence and professional skill.

The private health insurers to which a prudential standard applies

all private health insurers; or

a specified class of private health insurers only; or

one or more specified private health insurers only.

Prudential standards may provide for APRA to exercise powers and discretions

(a) Acts Interpretation Act 1901; andsection 46AA of the

(b) Legislation Act 2003.section 14 of the

Prudential standards may not do certain things

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.

Delegation of power to make etc. prudential standards

an APRA member (within the meaning of that Act); or

an APRA staff member who is an executive general manager or equivalent.

from the day on which the standard or instrument is made; or

if the standard or instrument specifies a later day—from that later day.

in the case of making a standard—give a copy of the standard to each private health insurer to which the standard applies; or

in the case of varying a standard—give a copy of the variation to:

each private health insurer to which the standard (as in force before the variation) applied; and

any other private health insurer to which the standard will (because of the variation) apply; or

in the case of revoking a standard—give notice of the revocation to each private health insurer to which the standard (as in force before the revocation) applied.

the insurer becomes aware of:

a contravention by it of a prudential standard, other than a contravention that is merely of a minor or technical nature; or

any other matter or occurrence that materially affects its financial position; and

the insurer fails to notify APRA, as soon as practicable, in writing of the contravention or of the other matter or occurrence.

the insurer has contravened:

an enforceable obligation; or

(ii) a provision of the Financial Sector (Collection of Data) Act 2001; or

the insurer:

is likely to contravene an enforceable obligation, or a provision referred to in subparagraph (a)(ii); and

the contravention is likely to give rise to a prudential risk; or

the direction is necessary in the interests of policy holders, or prospective policy holders, of the insurer; or

the insurer is, or is about to become, unable to meet its liabilities; or

there is, or there might be, a material risk to the security of the insurer’s assets; or

there has been, or there might be, a material deterioration in the insurer’s financial condition; or

the insurer is conducting its affairs in an improper or financially unsound way; or

the failure to issue a direction would materially prejudice the interests of policy holders or prospective policy holders of the insurer; or

the insurer is conducting its affairs in a way that may cause or promote instability in the Australian private health insurance system.

be given by written notice to the private health insurer; and

specify the ground referred to in subsection (1) because of which the direction is given.

to comply with all, or specified:

enforceable obligations; or

(ii) provisions of the Financial Sector (Collection of Data) Act 2001; or

to remove an officer of the insurer from office;

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;

to appoint a person as an officer of the insurer for such term as APRA directs;

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;

not to give financial accommodation to any person;

not to issue or renew any policy, undertake any liability under any policy or collect any premium;

not to borrow any amount;

not to accept any payment on account of share capital, except payments in respect of calls that fell due before the direction was given;

not to repay any amount paid on shares;

not to pay a dividend on any shares;

not to discharge any policy or other liability;

not to transfer any asset;

not to pay or transfer any amount to any person, or create an obligation (contingent or otherwise) to do so;

not to undertake any financial obligation (contingent or otherwise) on behalf of any other person;

to hold, or otherwise deal in a specified way, with a specified amount of capital;

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;

to order an actuarial investigation of the affairs of the insurer, at the expense of the insurer, by an actuary chosen by APRA;

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;

to modify the rules of the insurer;

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;

to take specified action to ensure, as far as practicable, that assets of a health benefits fund conducted by the insurer will provide adequate capital for the conduct of the business of the fund in accordance with this Act and in the interests of the policy holders of the fund.

deal with some only of the matters referred to in the paragraph; or

deal with a particular class or particular classes of those matters; or

make different provision with respect to different matters or different classes of matters.

deny any obligations under that contract;

accelerate any debt under that contract;

close out any transaction relating to that contract;

enforce any security under that contract.

This subsection has effect subject to subsections (3) and (4).

requiring a party to the contract to fulfil an obligation under the contract despite subsection (3);

obliging a party to the contract to take some other action (for example, paying money or transferring property) in view of obligations that were fulfilled under the contract before the direction was made.

The order must not require a person to take action that would contravene the direction, or any other direction under section 96.

any directions under section 96 in respect of a particular private health insurer; or

any directions made during a specified period under section 96 in respect of any private health insurer;

APRA must comply with the request.

Power to inform Minister of directions

the insurer is given a direction under section 96; and

the insurer fails to comply with the direction.

the first day on which the offence is committed; and

each subsequent day (if any) on which the circumstances that gave rise to the insurer committing the offence continue (including the day of conviction for any such offence or any later day).

the insurer is given a direction under section 96; and

the officer’s duties include ensuring that the insurer complies with the direction, or with a class of directions that includes the direction; and

the officer fails to take reasonable steps to ensure that the insurer complies with the direction.

the first day on which the offence is committed; and

each subsequent day (if any) on which the circumstances that gave rise to the officer committing the offence continue (including the day of conviction for any such offence or any later day).

the person is disqualified from being or acting as an actuary of the private health insurer because of an order under section 120; or

the person is a disqualified person (other than only because of an order under section 120).

the person does not meet the eligibility criteria set out in prudential standards for appointment as the actuary of a private health insurer; or

the insurer reasonably believes that the person has failed to perform adequately and properly the person’s statutory functions and duties as actuary of the private health insurer; or

the person is disqualified from being or acting as an actuary of the private health insurer because of an order under section 120; or

the person is a disqualified person (other than only because of an order under section 120).

this Act; and

(b) the Private Health Insurance Act 2007; and

(c) the Financial Sector (Collection of Data) Act 2001; and

(d) the Financial Accountability Regime Act 2023.

a private health insurer is required under subsection (1) to terminate the appointment of a person as actuary of the insurer; and

the power to appoint the actuary of the insurer is not vested in the directors of the insurer or is not vested in the directors of the insurer alone;

the directors may appoint a person who satisfies the requirements of subsection 106(3) to be the actuary of the insurer until an appointment is made in accordance with the constitution or rules of the private health insurer.

the name of the person; and

details of the actuarial qualifications and experience of the person; and

the date of the appointment; and

any other matter specified in prudential standards.

providing access to documents and information in the insurer’s control;

requiring officers or employees of the insurer to answer questions;

allowing the actuary to attend meetings of directors of the insurer, annual general meetings or any other meetings of members of the insurer;

allowing the actuary to speak at meetings of directors of the insurer on matters under consideration that relate to the actuary’s statutory functions and duties.

(a) to avoid a contravention of this Act, the Private Health Insurance Act 2007, the Financial Sector (Collection of Data) Act 2001 or the Financial Accountability Regime Act 2023; or

to avoid prejudice to the interests of policy holders of a health benefits fund conducted by the insurer.

Obligation to inform APRA of matters

that the insurer, or an officer of the insurer, may have contravened this Act or any other law; and

that the contravention is of such a nature that it may affect significantly the interests of policy holders of a health benefits fund conducted by the insurer;

the appointed actuary must immediately inform APRA in writing of:

his or her opinion; and

the information on which it is based.

an officer of the private health insurer informs the actuary that the private health insurer has informed APRA in writing of the contravention; and

the actuary has no reason to disbelieve the officer.

the person is an officer of a private health insurer; and

the person knows that:

there are reasonable grounds for believing that the insurer, or an officer of the insurer, may have contravened this Act or any other law; and

the contravention is of such a nature that it may affect significantly the interests of policy holders of a health benefits fund conducted by the insurer; and

the person informs the appointed actuary of the private health insurer that the private health insurer has informed APRA in writing of the contravention; and

the private health insurer has not so informed APRA.

the appointed actuary of a private health insurer has drawn to the attention of the insurer, or of an officer of the insurer, a matter that the actuary considers requires action to be taken by the insurer or its directors:

(i) to avoid a contravention of this Act, the Private Health Insurance Act 2007, the Financial Sector (Collection of Data) Act 2001 or the Financial Accountability Regime Act 2023; or

to avoid prejudice to policy holders of a health benefits fund conducted by the insurer; and

the appointed actuary is satisfied that there has been reasonable time for the taking of the action but the action has not been taken;

the appointed actuary must inform APRA in writing of the matter referred to in paragraph (a).

a person becomes subject to an obligation under subsection (2) or (5) to inform APRA of anything; and

before the person informs APRA, the person ceases to be the appointed actuary of the private health insurer concerned;

the person remains subject to the obligation as if he or she were still the appointed actuary of the insurer.

give APRA information relating to the private health insurer; or

produce to APRA documents relating to the private health insurer;

if APRA considers that the giving of the information, or the production of the documents, will assist APRA in performing APRA’s functions under this Act, the Private Health Insurance Act 2007, the Financial Sector (Collection of Data) Act 2001 or the Financial Accountability Regime Act 2023.

the person is given a notice under subsection (1); and

the person fails to comply with the notice.

the information given or document produced; and

giving the information or producing the document;

are not admissible in evidence against the individual in any criminal or civil proceedings, except proceedings under, or arising out of, Criminal Code in relation to giving the information or producing the document.section 137.1 or 137.2 of the

(a) any statement, written or oral, made by him or her under, or for the purposes of, a provision of this Act, the Private Health Insurance Act 2007, the Financial Sector (Collection of Data) Act 2001 or the Financial Accountability Regime Act 2023; and

the answer to any question he or she is required by the insurer to answer.

has failed, whether within or outside Australia, to perform adequately and properly:

the actuary’s statutory functions and duties; or

the actuary’s functions or duties under any other law of the Commonwealth, or of a State or Territory; or

is otherwise not a fit and proper person to be the actuary of a private health insurer;

APRA may, in writing, refer the details of the matter to those members of the professional association of the actuary whom APRA considers will be involved in considering or taking any disciplinary or other action concerning the matter against the actuary.

the person is disqualified from being or acting as an actuary of the private health insurer because of an order under section 120; or

the person is a disqualified person (other than only because of an order under section 120); or

the person is not a fit and proper person to hold the appointment; or

the person has failed to perform adequately and properly the person’s statutory functions and duties as an actuary of the insurer.

Notice to be given before direction

give written notice to:

the insurer; and

the person; and

give the insurer and the person a reasonable opportunity to make submissions on the matter.

must have regard to the submission; and

may discuss any matter contained in the submission with any persons APRA considers appropriate for the purpose of assessing the truth of the matter.

When a direction takes effect

the insurer is given a direction under this section; and

the insurer fails to comply with the direction.

the insurer allows a person to be or to act as an officer, or appointed actuary, of the insurer; and

the person is a disqualified person; and

if the person is a disqualified person only because of an order under section 120—the person is disqualified from being or acting as that officer or actuary.

contacted APRA within a reasonable period before allowing the person to be to or act as an officer or appointed actuary, as the case may be; and

was advised by APRA that the person was not a disqualified person.

the person has been convicted of an offence against or arising out of:

this Act; or

(ii) the Private Health Insurance Act 2007; or

(iii) the Financial Sector (Collection of Data) Act 2001; or

(iiia) the Financial Accountability Regime Act 2023; or

(iv) the Corporations Act 2001, the Corporations Law that was previously in force, or any law of a foreign country that corresponds to that Act or to that Corporations Law; or

the person has been convicted of an offence against or arising out of a law in force in Australia, or the law of a foreign country, if the offence concerns dishonest conduct or conduct relating to:

a private health insurer; or

(ii) a financial sector company (within the meaning of the Financial Sector (Shareholdings) Act 1998); or

(iii) a superannuation entity (within the meaning of the Superannuation Industry (Supervision) Act 1993); or

the person has been or becomes bankrupt; or

the person has applied to take the benefit of a law for the relief of bankrupt or insolvent debtors; or

the person has compounded with his or her creditors; or

the Federal Court has disqualified the person under section 120.

(a) Crimes Act 1914; orsection 19B of the

a corresponding provision of a law of a State or Territory, or of a foreign country.

the person is not a fit and proper person to be or act as such a person; and

the disqualification is justified.

a particular private health insurer; or

a class of private health insurers; or

any private health insurer.

any criteria for fitness and propriety set out in prudential standards; and

any other matters specified in prudential standards; and

any other matters the Court considers relevant.

if the application is for the person to be disqualified from being or acting as an officer—the person’s conduct in relation to the management, business or property of any corporation; and

if the application is for the person to be disqualified from being or acting as an appointed actuary—the person’s conduct, in relation to the person’s functions or duties as an actuary, under any of the following:

this Act;

(ii) the Private Health Insurance Act 2007;

(iii) the Financial Sector (Collection of Data) Act 2001;

(iiia) the Financial Accountability Regime Act 2023;

(iv) the Insurance Act 1973;

(v) the Life Insurance Act 1995;

(vi) the Superannuation Industry (Supervision) Act 1993; and

in any case—any other matters the Court considers relevant.

if the person is, or is acting as, an officer or appointed actuary of a private health insurer—to be given to the private health insurer concerned; and

to be published in the Gazette.

if the person is a disqualified person only because of an order under section 120—a variation or a revocation of the order made under that section; or

otherwise—an order that the person is not a disqualified person.

if the disqualified person makes the application—by the person to APRA; or

if APRA makes the application—by APRA to the disqualified person.

to answer a question or give information; or

to produce a document; or

to do any other act;

on the ground that the answer or information, production of the document, or doing that other act, as the case may be, might tend to make the person liable to a penalty by way of a disqualification under section 120.

to answer a question or give information; or

to produce a document; or

to do any other act;

on the ground that the answer or information, production of the document, or doing that other act, as the case may be, might tend to make the person liable to a penalty by way of a disqualification under section 120.

Admissibility

any other provision of this Act; or

(b) the Private Health Insurance Act 2007; or

(c) the Administrative Review Tribunal Act 2024.

for the purposes of this Act; or

for the purposes of the risk equalisation levy legislation.

a private health insurer; or

an officer of a private health insurer;

require the insurer or officer to produce to APRA, at a time and place specified in the notice, any documents relating to the affairs of the insurer.

the affairs of the insurer are being, or are about to be, carried on in a way that is not in the interests of the policy holders of a health benefits fund conducted by the insurer; or

the insurer has contravened an enforceable obligation.

the matter referred to in paragraph (1)(a) or (b) that APRA suspects; and

the ground on which APRA suspects the matter; and

the matters into which the investigation is to be made, being the whole or some part of the affairs of the private health insurer.

terminate an investigation; or

terminate the appointment of a person as an inspector; or

appoint another APRA staff member to be an inspector for the purposes of an investigation.

be in the form prescribed by APRA rules; and

(b) contain a photograph that is no more than 1 year old of the inspector.

the person has been issued with an identity card; and

the person ceases to be an inspector; and

the person does not return the identity card to APRA within 14 days after ceasing to be an inspector.

to produce to the inspector all or any documents relating to the affairs of the insurer that are in the custody, or under the control, of that person; or

to give to the inspector all reasonable assistance within the person’s power in connection with the investigation; or

to appear before the inspector for examination concerning matters that are relevant to the investigation and are within the knowledge of the person.

take possession of them for such period as the inspector considers necessary for the purposes of the investigation; and

make copies of, and take extracts from, them.

is appointed to investigate the whole or a part of the affairs of a private health insurer; and

enters any premises under subsection (3) or (4);

may exercise the functions of an inspector under this section in relation to the insurer.

an inspector enters premises because of the consent of the occupier of the premises; and

the inspector has not shown the occupier his or her identity card before entering the premises;

the inspector must do so on, or as soon as is reasonably practicable after, entering the premises.

state that the warrant is issued under this Division; and

name the inspector who applied for the warrant; and

state that the warrant authorises the inspector, with such assistance as the inspector considers necessary, to enter the premises, using such force as is necessary and reasonable in the circumstances:

during such hours of the day or night as the warrant specifies; or

if the warrant so specifies, at any time;

for the purpose of exercising the functions of an inspector under section 134 in relation to the insurer concerned; and

specify the day (not more than 1 week after the issue of the warrant) on which the warrant ceases to be in force.

announce that he or she is authorised to enter the premises; and

show his or her identity card to the occupier of the premises, or to another person who apparently represents the occupier, if the occupier or other person is present at the premises; and

give any person at the premises an opportunity to allow entry to the premises.

an inspector does not comply with subsection (1) because of subsection (2); and

the occupier of the premises, or another person who apparently represents the occupier, is present at the premises;

the inspector must, as soon as practicable after entering the premises, show his or her identity card to the occupier or other person.

an inspector executing the warrant; and

any person assisting the inspector;

with all reasonable facilities and assistance for the effective exercise of their powers.

the person is subject to subsection (1); and

the person fails to comply with that subsection.

the person does an act; and

the act results in the concealment, destruction, mutilation or alteration of a document; and

the document relates to affairs of a private health insurer that are being investigated under this Division.

must, on the completion of an investigation of the whole or a part of the affairs of a private health insurer, report in writing to APRA on the result of the investigation; and

if so directed in writing by APRA, must make such written reports during the investigation as are specified in the direction; and

may make one or more other written reports to APRA during the investigation.

a recommendation relating to the institution of criminal proceedings; or

a statement to the effect that the inspector considers that a specified person has committed a criminal offence.

in a personal capacity; and

not as a court or a member of a court.

as the court of which the magistrate is a member; or

as a member of the court of which the magistrate is a member.

a requirement is made of the person under section 128, 129 or 132; and

the person fails to comply with the requirement.

the answer given, the information or report provided or the document produced; and

answering the question, providing the information or report, or producing the document;

are not admissible in evidence against the individual in any criminal or civil proceedings, except proceedings under, or arising out of, Criminal Code in relation to answering the question, providing the information or report, or producing the document.section 137.1 or 137.2 of the