National Health (Registered Health Benefits Organizations) Regulations 2000
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National Health (Registered Health Benefits Organizations) Regulations 2000
Statutory Rules 2000 No. 3571
I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the National Health Act 1953.
Dated 13 December 2000
WILLIAM DEANE
Governor-General
By His Excellency's Command
MICHAEL WOOLDRIDGE
Minister for Health and Aged Care
Contents
Page
Part 1 Preliminary
1 Name of Regulations
2 Commencement
3 Definitions
4 Object of Regulations
Part 2 Registration of health benefits organizations
5 Application for registration as registered health benefits organization
6 Additional information for application for registration
Part 3 Funds and registered organizations under administration
Division 3.1 Modifications of the Corporations Law
7 Modifications for paragraph 82XB (2) (b) of the Act
8 Modifications for subsection 82XQ (2) of the Act
Division 3.2 Statement under paragraph 82XZ (3) (b) of the Act of proposed voluntary deed of arrangement
9 Details to be included in statement of proposed voluntary deed of arrangement
Division 3.3 Regulations under section 82ZF of the Act
10 Definitions
11 Application
12 Notice of meeting
13 Proof of notice
14 If telephone conference facilities are available
15 Persons, or their proxies or attorneys, participating by telephone
16 Time and place of meeting
17 Advertisement of a meeting
18 Meetings not convened in accordance with Regulations
19 Costs of convening meetings of creditors etc
20 Quorum
21 Chairperson
22 Adjournment of meeting
23 Voting on resolutions
24 Taking a poll
25 Carrying of resolutions after a poll has been demanded at a meeting of creditors
26 Creditors etc who may vote
27 Admission and rejection of proofs for purposes of voting
28 Minutes of meeting
29 Appointment of proxies
30 Form of proxies
31 Proxy forms to accompany notice of meetings
32 Administrator may act as proxy
33 Proxy to act as directed
34 Voting by proxy if financially interested
35 Administrator may appoint deputy
36 Time for lodging proxies
37 Facsimile copies of proxies
Part 4 Winding up of health benefits organizations
38 Meeting to vote on proposed voluntary winding up of registered organization
39 Grounds for application to wind up fund
40 Grounds for application to wind up registered organization
41 Modifications for subsections 82YZB (1) and (2) of the Act
Part 5 Miscellaneous
42 Prescribed forms relating to winding up provisions
Schedule 1 Modifications of applied Corporations Law provisions relating to administration of health benefits organizations
Part 1 Modifications for paragraph 82XB (2) (b) of the Act
Part 2 Modifications for subsection 82XQ (2) of the Act
Schedule 2 Details to be included in statement of proposed voluntary deed of arrangement
Schedule 3 Modifications for subsections 82YZB (1) and (2) of the Act
Schedule 4 Prescribed forms
Part 1 Administration of funds and registered organizations
Part 2 Winding up of funds and registered organizations
Part 1 Preliminary
1 Name of Regulations
These Regulations are the National Health (Registered Health Benefits Organizations) Regulations 2000.
2 Commencement
These Regulations commence on gazettal.
3 Definitions
(1) In these Regulations:
Act means the National Health Act 1953.
applied Corporations Law provision has the same meaning as in section 7 of the Act.
applied provision has the same meaning as applied Corporations Law provision.
as modified means as modified by these Regulations.
applied Corporations Regulations means the provisions of the Corporations Regulations 1990, that are applied provisions as a result of subsection 7 (2) of the Act.
(2) A word or expression used in these Regulations that is a word or expression defined in subsection 82 Q (1) of the Act has the same meaning as in that subsection.
4 Object of Regulations
These Regulations support the prudential regulatory provisions of Part VIA of the Act, in particular, by modifying applied Corporations Law provisions and applied Corporations Regulations in relation to the administration and winding up of health benefits funds and registered health benefits organizations.
Part 2 Registration of health benefits organizations
5 Application for registration as registered health benefits organization
(1) An application for registration as a registered health benefits organization must be lodged with the Council and must be in the form approved, in writing, by the Council.
(2) Subject to this regulation, an application for registration must be accompanied by the following:
(a) 2 copies of the instrument constituting the organization and the articles of association, if any, of the organization;
(b) 2 copies of the rules of the organization;
(c) a statement setting out the estimated assets and liabilities of the health benefits fund, or funds, conducted by the organization at the proposed date of commencement of the operation of the organization as a registered organization;
(d) a statement setting out the estimated income and expenditure of the fund, or funds, for the first period of 12 months of operation of the organization as a registered organization, and a statement setting out its estimated assets and liabilities at the end of that period;
(e) a statement setting out the estimated number of contributors to the fund, or funds, at the end of the period of 12 months mentioned in paragraph (d);
(f) a statement setting out the ratio that the estimated amount of the management and administrative expenses for the conduct of the fund, or funds, will bear to the estimated amount of contributions to the fund or funds;
(g) a statement showing particulars of:
(i) the tables, or classes, of benefits provided by the organization; and
(ii) the price of contributions for, and the amount of, those benefits;
(h) if the organization carried on business before the date of application and made a report to members in the 12 months before the date of application a copy of the report;
(i) a statement by an actuary, that, having regard to the estimated number of contributors to the fund, or funds, shown in the statement mentioned in paragraph (e), the estimates set out in the statements mentioned in paragraphs (c), (d) and (f) are reasonable and consistent;
(j) a statement, in respect of each director (if any), or other officer, of the organization who is responsible for the conduct of the affairs of the organization (including each member of any management committee, or other similar body, of the organization), setting out, in general terms, particulars of any employment or other experience he or she has had that is relevant to the conduct of a business.
(3) The person who signs the application for registration on behalf of the organization must declare in writing:
(a) that copied documents accompanying the application are true and correct copies; and
(b) that:
(i) the information in the statements given under subregulation (2), other than the estimates referred to in subparagraph (ii), is true and correct; and
(ii) the estimates given under paragraphs (2) (c), (d), (e) and (f), have been prepared on the basis of information that is true and correct.
6 Additional information for application for registration
The Council may, by written notice, require an organization (or an officer of an organization) that has applied for registration, to give the Council such additional information relating to any matter mentioned in subregulation 5 (2) (being information relating to the affairs, finances, rules or conduct of the organization) as is specified in the notice.
Part 3 Funds and registered organizations under administration
Division 3.1 Modifications of the Corporations Law
7 Modifications for paragraph 82XB (2) (b) of the Act
For paragraph 82XB (2) (b) of the Act, the applied Corporations Law provisions mentioned in Part 1 of Schedule 1 are modified as set out in that Part.
8 Modifications for subsection 82XQ (2) of the Act
For subsection 82XQ (2) of the Act, the applied Corporations Law provisions mentioned in Part 2 of Schedule 1 are modified as set out in that Part.
Division 3.2 Statement under paragraph 82XZ (3) (b) of the Act of proposed voluntary deed of arrangement
9 Details to be included in statement of proposed voluntary deed of arrangement
For subsection 82XZ (4) of the Act, details that must be included in a statement referred to in paragraph 82XZ (3) (b) of the Act are set out in Schedule 2.
Division 3.3 Regulations under section 82ZF of the Act
10 Definitions
(1) In this Division:
creditor has the same meaning as in section 82XY of the Act.
meeting has the meaning given by regulation 11.
11 Application
(1) This Division applies to the convening and conduct of, and voting at, a meeting convened under Division 3 of Part VIA of the Act, that is:
(a) in relation to a fund under administration a meeting of creditors of the fund; and
(b) in relation to a registered organization under administration a meeting of creditors and members of the organization; and
(c) in relation to a fund or a registered organization a meeting of a committee of inspection or a meeting of creditors held under a voluntary deed of arrangement.
(2) Except as provided by regulation 38, this Division does not apply to:
(a) a meeting of the directors of a registered organization; or
(b) a meeting of the members of a registered organization other than a meeting mentioned in paragraph (1) (b); or
(c) any other meeting convened for a purpose not addressed in Division 3 of Part VIA of the Act.
12 Notice of meeting
(1) The convenor of a meeting must give written notice of the meeting to:
(a) for a meeting mentioned in paragraph 11 (1) (a) as many of the creditors of the fund as is reasonably practicable; and
(b) for a meeting mentioned in paragraph 11 (1) (b) as many of the creditors and members of the registered organization as is reasonably practicable; and
(c) for a meeting mentioned in paragraph 11 (1) (c) as many of the members of the committee of inspection or creditors of the fund or registered organization, as the case may be, as is reasonably practicable.
(2) The notice must be given to a person:
(a) by delivering it personally; or
(b) by sending it by prepaid post to the person’s last known address; or
(c) if the person has a facsimile transmission number to which notices may be sent to the person — by faxing it to the person at that number; or
(d) if the person has a document exchange number to which notices may be sent to the person — by lodging it with the exchange at, or for delivery to, the person’s receiving facilities identified by that number.
(3) The notice must be given not less than 14 days before the day of the meeting, except when:
(a) it is a meeting of creditors convened by the administrator of the registered organization or fund, as the case may be; and
(b) the administrator thinks it appropriate to give less notice.
(4) The notice must be in accordance with Form 1 in Part 1 of Schedule 4.
(5) Written notice of the meeting must also be given to the Council at least 7 days before the meeting.
13 Proof of notice
In the absence of evidence to the contrary, it is sufficient proof of notice of a meeting having been sent by prepaid post to a person (the addressee) at the address stated in the notice if the convenor, or other person sending the notice on the convenor’s behalf, in relation to the meeting and the addressee, makes a written statement substantially in accordance with Form 530 of the Corporations Regulations 1990.
14 If telephone conference facilities are available
If:
(a) telephone conference facilities are expected to be available at the place where the meeting is to be held; and
(b) the convenor of the meeting considers that, having regard to all the circumstances, it will be appropriate to use those facilities, the notice of the meeting must:
(i) set out the relevant telephone number; and
(ii) indicate that a person, or the proxy or attorney of a person, who wishes to participate in the meeting by telephone must give to the convenor, not later than the second-last working day before the day on which the meeting is to be held, a written statement setting out:
(A) the name of the person and of the proxy or attorney (if any); and
(B) an address to which notices to the person, proxy or attorney may be sent; and
(C) a telephone number at which the person, proxy or attorney may be contacted; and
(D) a facsimile transmission number (if any) to which notices to the person, proxy or attorney may be sent; and
(iii) indicate that a person, or the proxy or attorney of a person, who participates in the meeting by telephone must pay any costs incurred by the person, proxy or attorney in participating and is not entitled to be reimbursed for those costs from the assets of the fund or registered organization, as the case may be.
15 Persons, or their proxies or attorneys, participating by telephone
(1) If a person, or a person’s proxy or attorney, who wishes to participate in a meeting by means of telephone conference facilities, has given the convenor of the meeting a statement under regulation 14, the convenor must take all reasonable steps to ensure that the person, or the person’s proxy or attorney, is contacted before the start of the meeting on the telephone number provided by that person.
(2) The convenor must also take all reasonable steps to ensure that the person, proxy or attorney can hear the proceedings, and can be heard, by means of those facilities.
(3) A person who, or whose proxy or attorney, participates in the meeting by telephone under this regulation is taken to be present in person at the meeting.
16 Time and place of meeting
The convenor of a meeting must convene the meeting at the time and place that he or she thinks are most convenient for the majority of persons entitled to attend the meeting.
17 Advertisement of a meeting
The convenor of a meeting must advertise the meeting in a daily newspaper circulating generally in each State and Territory in which, at any time during the 2 years immediately before the day of the meeting, the fund or registered organization, as the case may be, has carried on business.
18 Meetings not convened in accordance with Regulations
A meeting may be held if all the persons who are entitled to attend, and to vote at, the meeting agree, even if it has not been convened in accordance with these Regulations.
19 Costs of convening meetings of creditors etc
(1) A person (other than an administrator of a fund or registered organization under administration, or of a voluntary deed of arrangement) at whose request a meeting of creditors of the fund or organization concerned is convened must:
(a) if the administrator requires a security for the payment of costs before the meeting is convened — deposit with the administrator the required security; and
(b) pay the costs of convening the meeting.
(2) The costs of convening a meeting of a committee of inspection, or a committee of creditors, of a fund or registered organization under administration, must be repaid out of the assets of the fund or organization, to the person causing it to be convened if:
(a) the Court so orders; or
(b) the committee, by resolution, so directs.
20 Quorum
(1) Subject to subregulation (3), a meeting must not act for any purpose except:
(a) the election of a chairperson; and
(b) the proving of debts; and
(c) the adjournment of the meeting;
unless a quorum is present.
(2) A quorum consists of:
(a) if the number of persons entitled to vote exceeds 2 — at least 2 of those persons; or
(b) if only one person is, or 2 persons are, entitled to vote — that person or those persons;
present in person or by proxy or attorney.
(3) A meeting is sufficiently constituted if only one person is present in person at the meeting, if the person represents personally, or by proxy or otherwise, a number of persons sufficient to constitute a quorum.
(4) If, within 30 minutes after the time appointed for a meeting:
(a) a quorum is not present; or
(b) the meeting is not otherwise sufficiently constituted;
the meeting is adjourned:
(c) to the same day in the next week, at the same time and place; or
(d) to the day (not being less than 7 or more than 21 days after the day on which the meeting is adjourned) and at the time and place that the chairperson thinks are most convenient for the majority of persons entitled to attend the meeting.
(5) The convenor of the meeting, or a person nominated by the convenor, must, without delay, give written notice of the adjournment to the persons to whom notice of the meeting must be given under regulation 12.
(6) A meeting on the date, and at the place to which the meeting is adjourned, is not to be taken to be incompetent to act only because of a failure to comply with subregulation (5), unless the Court declares otherwise on the application of the convenor of the meeting, or of a creditor.
(7) If within 30 minutes after the time appointed for the adjourned meeting:
(a) a quorum is not present; or
(b) the meeting is not otherwise sufficiently constituted;
the adjourned meeting lapses.
21 Chairperson
(1) If a meeting is convened under this Division by the administrator of the fund or registered organization under administration, or of a voluntary deed of arrangement, the administrator, or a person nominated by the administrator, must chair the meeting.
(2) In any other case, the persons present and entitled to vote at a meeting must elect one of their number to be chairperson of the meeting.
22 Adjournment of meeting
(1) The chairperson of a meeting:
(a) if so directed by the meeting, must; or
(b) with the consent of the meeting, may;
adjourn the meeting from time to time and from place to place.
(2) A meeting convened under section 82XZ of the Act must not be adjourned to a day that is more than 60 days after the first day on which the meeting was held.
(3) An adjourned meeting must be held at the place of the original meeting unless:
(a) the resolution for adjournment specifies another place; or
(b) the Court otherwise orders; or
(c) the administrator of the fund or registered organization concerned, or of the voluntary deed of arrangement, otherwise orders; or
(d) the place of the original meeting is unavailable, in which case the chairperson may appoint another place that he or she thinks is most convenient for the majority of persons entitled to attend the meeting.
23 Voting on resolutions
(1) A proposed resolution put to the vote of a meeting must be decided on the voices unless, subject to subregulation (5), a poll is demanded, before or on the declaration of the result of the voices:
(a) by the chairperson; or
(b) by at least 2 persons present in person, by proxy or by attorney and entitled to vote at the meeting; or
(c) by a person present in person, by proxy or by attorney, and representing not less than 10% of the total voting rights of all the persons entitled to vote at the meeting.
(2) Unless a poll is demanded, the chairperson must declare that a resolution has, on the voices, been:
(a) carried; or
(b) carried unanimously; or
(c) carried by a particular majority; or
(d) lost.
(3) A declaration is conclusive evidence of the result to which it refers, without proof of the number or proportion of the votes recorded in favour of or against the resolution, unless a poll is demanded.
(4) A demand for a poll may be withdrawn.
(5) A vote taken at a joint meeting of creditors and members of a registered organization that is a company must be decided on the voices.
(6) If a creditor of the fund or registered organization concerned surrenders or limits, by contract, all or some of his or her rights to vote at a meeting of creditors, then:
(a) the creditor must not vote except in accordance with the contract; and
(b) any vote that is not in accordance with the contract cannot be counted.
24 Taking a poll
(1) If, under regulation 23, a poll is demanded, the chairperson must determine:
(a) the manner in which it is to be taken; and
(b) the time at which it is to be taken.
(2) However, a poll demanded on the election of a chairperson or on a question of adjournment must be taken at once.
25 Carrying of resolutions after a poll has been demanded at a meeting of creditors
(1) This regulation applies to a poll taken at a meeting of creditors.
(2) A resolution is carried if:
(a) a majority of the creditors voting (whether in person, by proxy or by attorney) vote in favour of the resolution; and
(b) the value of the debts owed by the fund or registered organization concerned to those voting in favour of the resolution is more than half the total debts owed to all the creditors voting (whether in person, by proxy or by attorney).
(3) A resolution is not carried if:
(a) a majority of creditors voting (whether in person, by proxy or by attorney) vote against the resolution; and
(b) the value of the debts owed by the fund or registered organization concerned to those voting against the resolution is more than half the total debts owed to all creditors voting (whether in person, by proxy or by attorney).
(4) If no result is reached under subregulation (2) or (3), then:
(a) the person presiding at the meeting may exercise a casting vote in favour of the resolution, in which case the resolution is carried; or
(b) the person presiding at the meeting may exercise a casting vote against the resolution, in which case the resolution is not carried.
26 Creditors etc who may vote
(1) A person is not entitled to vote as a creditor at a meeting of creditors unless:
(a) his or her debt or claim has been admitted wholly or in part by the administrator of the fund or registered organization concerned, or the voluntary deed of arrangement, as the case may be; or
(b) he or she has lodged, with the chairperson of the meeting, or with the person named in the notice convening the meeting as the person who may receive particulars of the debt or claim:
(i) those particulars; or
(ii) if required, formal proof of the debt or claim.
(2) A creditor must not vote in respect of:
(a) an unliquidated debt; or
(b) a contingent debt; or
(c) an unliquidated or a contingent claim; or
(d) a debt the value of which is not established;
unless a just estimate of its value has been made.
(3) A creditor must not vote in respect of a debt or claim on, or secured by, a bill of exchange, a promissory note, or any other negotiable instrument or security held by the creditor unless the creditor is willing:
(a) to treat the liability on the instrument, or an alternative security, as a security in the creditor’s hands; or
(b) to estimate its value and, in relation to the subject of the vote, to deduct it from the creditor’s debt or claim.
(4) For paragraph (3) (a), an alternative security is a security given by the person whose liability is referred to in subregulation (3) if, at the time the vote is taken, the person:
(a) is liable to the fund or registered organization concerned, directly; or
(b) may be liable to the fund or registered organization concerned, on the default of another person with respect to the liability;
and the person:
(c) is not an insolvent under administration; and
(d) is not a person against whom a winding up order is in force.
27 Admission and rejection of proofs for purposes of voting
(1) The chairperson of a meeting has power to admit or reject a proof of debt or claim for the purposes of voting.
(2) If the chairperson is in doubt whether a proof of debt or claim should be admitted or rejected, he or she must mark the proof as objected to and allow the creditor to vote, subject to the vote being declared invalid if the objection is sustained.
(3) A decision by the chairperson to admit or reject a proof of debt or claim for the purposes of voting may be appealed against to the Court within 14 days after the decision.
28 Minutes of meeting
(1) The chairperson of a meeting must:
(a) cause minutes of the proceedings to be entered in a record kept for the purpose; and
(b) sign the minutes after they have been entered in the record.
(2) A record of the persons present in person, by proxy or by attorney at a meeting must be kept.
(3) The chairperson must give to the Council a copy of the minutes of the meeting certified by him or her to be a true copy.
(4) If the chairperson becomes incapable, through death, illness, or other cause, of complying with subregulation (1) or (3), the convenor of the meeting, if he or she attended the meeting, or a creditor or member who attended the meeting, may act in substitution for the chairperson.
(5) The administrator of the fund or registered organization concerned, or of the voluntary deed of arrangement concerned, after a meeting of creditors, must make available for inspection by creditors and members, at the registered office or principal place of business of the organization in the relevant jurisdiction:
(a) the minutes; and
(b) the record of persons present at the meeting.
(6) Subregulations (1) and (3) must be complied with:
(a) for a meeting other than a meeting convened under section 82XZ of the Act — within 1 month after the end of the meeting; or
(b) for a meeting convened under section 82XZ of the Act — within 14 days after the end of the meeting.
29 Appointment of proxies
(1) A person entitled to attend and vote at a meeting may appoint a natural person aged 18 years or more as his or her proxy to attend and vote at the meeting.
(2) Subject to subregulation (3) and to regulation 31, a proxy appointed under this regulation has the same right to speak and vote at the meeting as the person who appointed the proxy.
(3) The person appointed to be the proxy of a person entitled to attend and vote at a meeting is not entitled to speak or vote as proxy at the meeting (except in relation to the election of a chairperson) unless:
(a) the instrument of appointment; or
(b) a facsimile copy of the instrument;
has been delivered to the person named in the notice convening the meeting as the person who is to receive the instrument, or to the chairperson.
30 Form of proxies
(1) The appointment of a person as a proxy for a meeting must be by written instrument in accordance with Form 4 in Part 1 of Schedule 4.
(2) The person appointing the proxy must sign the instrument, or, if incapable of writing, attach his or her mark to it.
(3) The appointment of a person who is blind, or incapable of writing, must not be accepted unless:
(a) the person attaches his or her signature or mark to the instrument after it has been completed; and
(b) the instrument is read to him or her by a witness to his or her signature or mark who completes the certificate of witness set out in Form 4.
31 Proxy forms to accompany notice of meetings
A person convening a meeting must:
(a) send an uncompleted form of proxy with each notice of the meeting; and
(b) ensure that neither the name or description of any person appears in the form before it is sent out.
32 Administrator may act as proxy
A person may appoint as his or her general or special proxy at a meeting:
(a) the administrator of the fund or registered organization concerned, or of the voluntary deed of arrangement, or
(b) the chairperson of a meeting.
33 Proxy to act as directed
An instrument appointing a proxy for a meeting may specify the manner in which the proxy is to vote on a particular resolution, and the proxy is not entitled to vote on the resolution except as specified in the instrument.
34 Voting by proxy if financially interested
(1) Subject to subregulation (2), a person acting under a proxy must not vote in favour of any resolution that would directly or indirectly place:
(a) the person; or
(b) the person’s partner; or
(c) the person’s employer;
in a position to receive any remuneration out of assets of the fund or registered organization concerned, except as a creditor rateably with the other creditors.
(2) If a person holds a special proxy to vote:
(a) in favour of his or her appointment as the administrator of the fund or registered organization concerned, or the voluntary deed of arrangement; or
(b) against the termination of his or her appointment as the administrator;
he or she may use the proxy and vote accordingly.
35 Administrator may appoint deputy
(1) If, in relation to a meeting, the administrator of the fund or registered organization concerned, or the voluntary deed of arrangement, holds a proxy and cannot attend the meeting, the administrator may appoint, in writing, a person as his or her deputy.
(2) The deputy must use the proxy:
(i) on the administrator’s behalf in the manner the administrator directs; or
(ii) if the proxy is a special proxy — in accordance with its terms.
36 Time for lodging proxies
An instrument appointing a proxy, and any other document relating to the validity of the appointment, must not be required to be received more than 48 hours before the meeting to which the appointment relates.
37 Facsimile copies of proxies
(1) A person who, for subregulation 29 (3), sends a facsimile copy of an instrument appointing a proxy, or of any document relating to the validity of the appointment, must deliver the original instrument or document within 72 hours after the facsimile transmission.
(2) A failure to comply with subregulation (1) does not invalidate the meeting or anything done at the meeting unless the Court, on the application of the convenor of the meeting or of a creditor or member, declares otherwise.
Part 4 Winding up of health benefits organizations
38 Meeting to vote on proposed voluntary winding up of registered organization
(1) A meeting of members under subsection 82YL (3) of the Act must be held in the manner provided by:
(a) Division 3.3 of Part 3 of these Regulations; or
(b) if the constitution of the registered organization makes appropriate provision — in accordance with the constitution.
(2) For paragraph (1) (a):
(a) the reference in subregulation 11 (1) to Division 3 of Part VIA of the Act is taken to be a reference to Division 4 of Part VIA of the Act; and
(b) the reference in paragraph 11 (1) (b) to creditors and members of a registered organization under administration is taken to be a reference to members of a registered organization; and
(c) the reference in paragraph 12 (1) (b) to creditors and members is taken to be a reference to members.
39 Grounds for application to wind up fund
For paragraph 82YO (1) (d) of the Act, a ground for an application to the Court for the winding up of a fund, is the failure of the fund to execute a deed of arrangement within the time provided under subsection 444B (2) of the Corporations Law.
40 Grounds for application to wind up registered organization
For paragraph 82YT (1) (d) of the Act, a ground for an application to the Court for the winding up of a registered organization, is the failure of the organization to execute a deed of arrangement within the time provided under subsection 444B (2) of the Corporations Law.
41 Modifications for subsections 82YZB (1) and (2) of the Act
For subsections 82YZB (1) and (2) of the Act, section 556 of the Corporations Law is modified as set out in Schedule 3.
Note The modifications to section 556 as set out in Schedule 3 apply to:
(a) the winding up of a health benefits fund, as mentioned in subsection 82YZB (1) of the Act; and
(b) the winding up of a company, as mentioned in paragraph 82YZB (2) (a); and
(c) the winding up of a registered organization, that is not a company, as mentioned in paragraph 82YZB (2) (b).
Part 5 Miscellaneous
42 Prescribed forms relating to winding up provisions
(1) For subsection 82XZC (1) of the Act, a final written report by an administrator to the Council must be in accordance with Form 3 in Part 1 of Schedule 4.
(2) For paragraphs 82YH (3) (c) and 82YL (3) (b) of the Act, Form 5 in Part 2 of Schedule 4 is the prescribed form.
(3) For subsection 82YH (5) of the Act, an instrument of appointment of a liquidator must be in accordance with Form 6 in Part 2 of Schedule 4.
Schedule 1 Modifications of applied Corporations Law provisions relating to administration of health benefits organizations
(regulations 7 and 8)
Part 1 Modifications for paragraph 82XB (2) (b) of the Act
1 Definitions
(1) For the applied provisions mentioned in paragraph 82XB (2) (b) of the Act:
board of the company, in relation to an organization, means the board of directors, committee of management, or other governing authority of the organization.
creditor, in relation to a fund or organization under administration, includes a contributor to the fund, or to the fund conducted by the organization, as the case requires.
director means:
(a) for a registered organization that is a company or friendly society — a director of the company or society; and
(b) for a registered organization that is an incorporated association — a member of the committee of management of the association; and
(c) for a registered organization that is an unincorporated entity — a member of the governing body of the entity.
deed of company arrangement means a voluntary deed of arrangement under Part VIA of the Act.
lodge means lodge with the Council.
officer includes:
(a) for a registered organization that is a company under the Corporations Law — a director of the company; and
(b) for a registered organization that is a friendly society — a director of the society; and
(c) for a registered organization that is an incorporated association — a member of the management committee of the association; and
(d) for a registered organization that is an unincorporated entity — a member of the governing body of the entity; and
(e) if a person has been appointed as a receiver of the property of a registered organization and manages, or has, under the terms of the receiver’s appointment, power to manage, the affairs of the organization — the receiver.
resolution, in relation to creditors, means a resolution passed at a meeting of creditors, including a meeting held under section 82XZ of the Act.
Note For the meaning of administrator, company and Court in the applied provisions, see subsections 82XB (4) and (5) of the Act.
(2) For sections 440E, 441K and 450F of the Corporations Law:
this Division means Division 3 of Part VIA of the Act and the applied provisions, under paragraph 82XB (2) (b) of the Act, of Part 5.3A of Chapter 5 of the Corporations Law, as modified.
(3) For subsection 442F (1) of the Corporations Law:
this Law means the Act and the applied Corporations Law provisions.
(4) For subsections 445G (1), 445G (4) and 447A (1), and section 450F, of the Corporations Law:
this Part means Part VIA of the Act and the applied provisions, under paragraph 82XB (2) (b) of the Act, of Part 5.3A of Chapter 5 of the Corporations Law, as modified.
2 Subsections 440J (2) and (3)
omit
3 Subsection 441B (2)
omit
437C or 440B
insert
440B, or section 82XO of the National Health Act 1953,
4 Subsection 441B (3)
omit
437D
insert
82XT of the National Health Act 1953
5 Section 441C
omit
6 Section 441E
omit
437C or 440B
insert
440B, or section 82XO of the National Health Act 1953,
7 Subsection 441F (2)
omit
437C or 440C
insert
440C, or section 82XO of the National Health Act 1953,
8 Subsection 441F (3)
omit
437D
insert
82XT of the National Health Act 1953
9 Subsection 441G
omit
10 Section 441J
omit
437C or 440C
insert
440C, or section 82XO of the National Health Act 1953,
11 Subsection 442F (2)
omit
12 Subsection 444A (1)
omit
439A,
insert
82XZ of the National Health Act 1953,
13 Paragraph 444A (4) (i)
omit
deed.
insert
deed;
14 Subsection 444A (4)
insert
(j) the number of fund contributors, and the total amount owing to contributors.
15 Subsection 444A (5)
omit
16 Subsection 444B (4)
omit
437C,
insert
82XO of the National Health Act 1953,
17 Subsection 444B (7)
omit
18 Subsection 444C (1)
omit
439A,
insert
82XZ of the National Health Act 1953,
19 Subsection 444F (2)
omit
Subject to subsection 441A (3), the
insert
The
20 Section 444G
substitute
A deed of arrangement also binds:
(a) for a registered organization under administration:
(i) the organization; and
(ii) its officers and members; and
(iii) the deed’s administrator; and
(b) for a fund under administration:
(i) the fund; and
(ii) the registered organization conducting the fund; and
(iii) officers and members of the registered organization and of the fund; and
(iv) contributors to the fund; and
(v) the deed’s administrator.
21 Paragraph 445D (1) (b)
omit
statement under subsection 439A (4)
insert
statement, under paragraph 82XZ (3) (c) of the National Health Act 1953,
22 Subsection 445G (1)
omit
Commission
insert
Council
23 Paragraph 447A (4) (e)
substitute
(e) the Council; or
24 Subsection 447E (3)
omit
the Commission
insert
the Council
25 Subsection 450A (1)
omit
436A, 436B or 436C
insert
82XD of the National Health Act 1953
26 Subsection 450A (2)
substitute
(2) As soon as practicable, and in any event before the end of the next business day, after appointing an administrator under section 82XD of the National Health Act 1953, the Council must give written notice of the appointment:
(a) for an appointment under paragraph 82XD (a) of that Act, to the registered organization conducting the fund; and
(b) for an appointment under paragraph 82XD (b) of that Act, to the registered organization.
27 Subsection 450A (3)
omit
436A, 436B or 436C
insert
82XD of the National Health Act 1953
28 Subsection 450A (4)
omit
29 Paragraph 450C (b)
omit
prescribed.
insert
prescribed, and sent to each contributor.
Part 2 Modifications for subsection 82XQ (2) of the Act
30 Sections 128 and 129
In sections 128 and 129 of the Corporations Law:
company means registered organization.
officer includes:
(a) for a registered organization that is a company under the Corporations Law — a director of the company; and
(b) for a registered organization that is a friendly society — a director of the society; and
(c) for a registered organization that is an incorporated association — a member of the management committee of the association; and
(d) for a registered organization that is an unincorporated entity — a member of the governing body of the entity; and
(e) if a person has been appointed as a receiver of the property of a registered organization and manages, or has, under the terms of the receiver’s appointment, power to manage, the affairs of the organization — the receiver.
31 Section 129
For section 129 of the Corporations Law, except subsections 129 (5) and (6):
company secretary means:
(a) for a registered organization that is a company or friendly society — secretary of the company or society; and
(b) for a registered organization that is an incorporated association — secretary of the incorporated association; and
(c) for a registered organization that is an unincorporated entity — a member of the governing body of the entity.
director means:
(a) for a registered organization that is a company or friendly society — a director of the company or society; and
(b) for a registered organization that is an incorporated association — a member of the committee of management of the association; and
(c) for a registered organization that is an unincorporated entity — a member of the governing body of the entity.
32 Subsection 129 (1)
For subsection 129 (1) of the Corporations Law:
this Law means the applied provisions.
33 Subsection 129 (2)
omit
from ASIC
34 After subsection 129 (5)
insert
(5A) For a registered organization that is not a company, a person may assume that a document has been duly executed by the organization if the document appears to have been signed in accordance with subsection 129A (1).
35 After subsection 129 (6)
insert
(6A) For a registered organization that is a friendly society or incorporated association, a person may assume that a document has been duly executed by the society or association if:
(a) the common seal of the society or association appears to have been fixed to the document in accordance with subsection 129A (2); and
(b) the fixing of the common seal appears to have been witnessed in accordance with that subsection.
36 After section 129
insert
129A Execution of documents (including deeds) by a registered organization that is not a company
(1) A registered organization that is not a company may execute a document without using a common seal if the document is signed by:
(a) for an organization that is a friendly society — 2 directors or a director and secretary of the society; or
(b) for an organization that is an incorporated association — 2 members of the management committee of the association; or
(c) for an organization that is an unincorporated entity — 2 members of the governing body of the entity.
(2) A registered organization that is not a company and that has a common seal, has executed a document if the seal is fixed to the document and the fixing of the seal is witnessed by:
(a) for an organization that is a friendly society — 2 directors or a director and secretary of the society; or
(b) for an organization that is an incorporated association — 2 members of the management committee of the association.
Schedule 2 Details to be included in statement of proposed voluntary deed of arrangement
(regulation 9)
1 Administrator taken to be agent of fund or registered organization under administration
In exercising the powers conferred by the proposed deed and carrying out the duties arising under it, the administrator is taken to act as agent for and on behalf of the *fund/*registered organization.
2 Powers of administrator
For the purpose only of administering the proposed deed, the administrator will have the following powers:
(a) to enter upon or take possession of the property of the *fund/*organization;
(b) to lease or let on hire property of the *fund/*organization;
(c) to grant options over property of the *fund/*organization on such conditions as the administrator thinks fit;
(d) to insure property of the *fund/*organization;
(e) to repair, renew or enlarge property of the *fund/*organization;
(f) to call in, collect or convert into money the property of the *fund/*organization;
(g) to administer the assets available for the payment of claims of creditors (including contributors to *the fund/*the fund conducted by the organization) in accordance with the provisions of this deed;
(h) to purchase, hire, lease or otherwise acquire any property or interest in property from any person or corporation;
(i) to borrow or raise money, whether secured upon any or all of the assets of the *fund/*organization, or unsecured, for any period on such terms as the administrator thinks fit and whether in substitution for any existing security or otherwise;
(j) to bring, prosecute and defend any actions, suits or proceedings in the name, and on behalf of, the *fund/*organization, or in the name of the administrator;
(k) to refer to arbitration any question affecting the fund or organization under administration;
(l) to make payments to any secured creditor (including contributors) of the *fund/*organization, and any person who is the owner or lessor of property possessed, used or occupied by the *fund/*organization;
(m) to convene and hold meetings of the members, creditors (including contributors) of the *fund/*organization, for any purpose the administrator thinks fit;
(n) to make interim or other distributions of the proceeds of the realisation of the assets available for the payment of claims of creditors (including contributors) as provided in this deed;
(o) to appoint agents to do any business or to attend to any matter or affairs of the *fund/*organization that the administrator is unable to do, or that it is unreasonable to expect the administrator to do, in person;
(p) to engage or discharge employees on behalf of the *fund/*organization;
(q) to appoint a solicitor, accountant or other professionally qualified person to assist the administrator;
(r) to authorise any person to operate any account in the name of the *fund/*organization;
(s) to sell, call in or convert into money any of the property of the *fund/*organization, to apply the money in accordance with this deed and otherwise effectively and properly to carry out his or her duties as administrator;
(t) to do all acts and execute in the name and on behalf of the *fund/*organization all deeds, receipts and other documents, using the common or official seal of the *fund/*organization when necessary;
(u) subject to the Bankruptcy Act 1966, to prove in the bankruptcy of any contributory or debtor of the *fund/*organization or under any deed executed under that Act;
(v) subject to the Corporations Law, to prove in the winding up of any contributory or debtor of the *fund/*organization, or under any scheme of arrangement entered into, or deed of company arrangement executed, under the Corporations Law;
(w) to draw, accept, make or endorse any bill of exchange or promissory note in the name, and on behalf of, the *fund/*organization;
(x) to take out letters of administration of the estate of a deceased contributory or debtor, and do any other act necessary for obtaining payment of any money due from a contributory or debtor, or the estate of a contributory or debtor, that cannot be conveniently done in the name of the *fund/*organization;
(y) to defend an application for the winding up of the *fund/*organization;
(z) to carry on the business of the *fund/*organization in such manner as the administrator thinks fit, subject only to the limitations imposed by this deed;
(za) to dispose of any or all of the property of the *fund/*organization, including the whole of its business or undertaking, at any time and in any manner the administrator thinks fit.
(zb) to close down the whole or any part of any business of the *fund/*organization;
(zc) to enter into and complete any contract for the sale of shares in the *fund/*organization;
(zd) to compromise any debts or claims brought by or against the *fund/*organization on such terms as the administrator thinks fit, and to take security for the discharge of any debt forming part of the property of the *fund/*organization;
(ze) to pay any class of creditors (including contributors), in full, provided that, in doing so, the administrator observes:
(i) for the administration of a fund — sections 82YZA, 82YZB and 82YZC of the Act, as if the fund were in liquidation; and
(ii) for the administration of an organization that is a company, friendly society or association — the provisions of:
(A) Subdivision D of Division 6 of Part 5.6 of the Corporations Law, as applied by subsection 82YB (3) of the National Health Act 1953 (the Act), and sections 82YZA, 82YZB and 82YZC of the Act, as if the organization were in liquidation; and
(B) for a friendly society — any provisions applicable under the law of the relevant State or Territory relating to registration or incorporation of friendly societies; and
(C) for an association — any provisions applicable under the law of the relevant State or Territory relating to incorporation of associations; and
(iii) for the administration of an organization that is an unincorporated entity — the provisions of Part 5.7 of Chapter 5 of the Corporations Law of the relevant State or Territory, as applied by subsection 82YB (6) of the Act, and sections 82YZA, 82YZB and 82YZC of the Act, as if the organization were in liquidation;
(zf) to do anything that is incidental to exercising a power set out in this clause;
(zg) to do anything else that is necessary or convenient for the purpose of administering the proposed deed.
3 Termination of deed where arrangement fails
(1) If the administrator, or the committee of inspection, determines that it is no longer practicable or desirable to continue to carry on the business of the *fund/*organization, or to implement the proposed deed, the administrator may cease to carry on the business, except so far as is necessary for the beneficial winding up of the *fund/*organization.
(2) Before acting under subsection (1), the administrator must:
(a) summon a meeting of creditors (including contributors) for the purpose of passing a resolution under section 445C (b) of the Corporations Law, as applied by section 82XB of the Act; and
(b) forward to each creditor (including contributors) and the Private Health Insurance Administration Council (the Council), not less than 14 days prior to the meeting, the following documents:
(i) an up-to-date report on the financial position of the *fund/*organization; and
(ii) such financial statements as the administrator thinks relevant; and
(iii) a statement:
(A) that the administrator considers that it is not practicable or desirable to carry on the business of the *fund/*organization, or to continue the deed; and
(B) that the deed will be terminated if the creditors (including contributors) of the *fund/*organization so resolve.
(3) After acting under subsection (1), the administrator must immediately notify the Council of the action.
4 Priority
Property of the *fund/*organization that comes under the administrator’s control under the proposed deed must be applied in the order of priority that would apply under section 82YZB of the Act for the winding up of the *fund/*organization.
5 Discharge of debts
Creditors (including contributors) must:
(a) accept their entitlements under the proposed deed in full satisfaction and complete discharge of all debts or claims which they have, or claim to have, against the *fund/*organization as at the day when the administration begins; and
(b) if called upon to do so, execute and deliver to the *fund/*organization such forms of release of any such claim as the administrator requires.
6 Claims extinguished
If the administrator has paid to creditors (including contributors) their full entitlements under the proposed deed, the following debts and claims will have been extinguished:
(a) all debts or claims, present or future, actual or contingent, due, or that may become due, by the *fund/*organization as a result of anything done, or omitted to be done, by or on behalf of the *fund/*organization, before the day when the administration began; and
(b) each claim against the *fund/*organization as a result of anything done, or omitted to be done, by or on behalf of the *fund/*organization, before the day when the administration began.
7 Bar to claims of creditors and contributors
Subject to section 444D of the Corporations Law, as applied:
(a) the proposed deed may be pleaded by the *fund/*organization against any creditor (including contributors) in bar of any debt or claim that is admissible under the deed; and
(b) a creditor (including contributors) (whether the creditor’s debt or claim is or is not admitted or established under this deed) must not, before the termination of the deed:
(i) take, or concur in the taking of, any step to wind up the *fund/*organization; or
(ii) except for the purpose and to the extent provided in the deed, institute or prosecute any legal proceedings in relation to any debt incurred, or alleged to have been incurred, by the *fund/*organization before the day when the administration begins; or
(iii) take any further step (including any step by way of legal or equitable execution) in any proceedings pending against, or in relation to, the *fund/*organization at the day when the administration begins; or
(iv) exercise any right of set-off or cross-action to which the creditor would not have been entitled had the *fund/*organization been wound up at the day when the administration begins; or
(v) commence or take any further step in any arbitration against the *fund/*organization, or to which the *fund/*organization is a party.
8 Claims against *fund/*organization
In dealing with claims against the *fund/*organization, the following provisions will apply, as if the *fund/*organization were being wound up:
(a) if the organization is a company the provisions of Subdivisions A, B, C and E of Division 6 of Part 5.6 of the Corporations Law, as applied by subsection 82YB (3) of the Act (to the extent that the provisions are not inconsistent with the Act); and
(b) if the organization is a friendly society the provisions of Subdivisions A, B, C and E of Division 6 of Part 5.6 of the Corporations Law, as applied by subsection 82YB (4) of the Act (to the extent that the provisions are not inconsistent with the Act); and
(c) if the organization is an association the provisions of Subdivisions A, B, C and E of Division 6 of Part 5.6 of the Corporations Law, as applied by subsection 82YB (5) of the Act (to the extent that the provisions are not inconsistent with the Act); and
(d) if the organization is an unincorporated entity the provisions of Subdivisions A, B, C and E of Division 6 of Part 5.6 of the Corporations Law, as applied by subsection 82YB (6) of the Act (to the extent that the provisions are not inconsistent with the Act).
9 Lodging of accounts
(1) The administrator will comply with sections 432 and 434 of the Corporations Law as if those provisions were applied provisions.
(2) For subsection (1), sections 432 and 434 of the Corporations Law are affected by:
(a) the following modified meanings:
control day means the day the administrator was appointed under the deed;
controller means the administrator of the proposed deed;
corporation means the *fund/*registered organization;
Commission means the Council;
Court means the Federal Court of Australia;
creditor includes a contributor to the *fund/*fund conducted by the organization;
prescribed form means Form 2 in Part 1 of Schedule 4; and
(b) the further modifications:
(i) subsection 432 (4) provides that the costs of an audit under applied subsection 432 (2), as modified, must be fixed by the Council, and the Council may, if it thinks fit, make an order that the administrator is liable for those costs as if he or she had incurred them himself or herself; and
(ii) paragraphs 434 (1) (b) and 434 (2) (b) are omitted.
10 Committee of inspection
For the purpose of advising and assisting the administrator of the proposed deed, there must be a committee of inspection (the committee) to which the following rules will apply:
(a) the committee must consist of at least 3 and not more than 5 members; and
(b) the creditors (including contributors) must appoint the members in a general meeting; and
(c) a creditor is not entitled to have more than one representative (including the creditor himself or herself, if a natural person) on the committee; and
(d) a corporation (being otherwise qualified for membership of the committee) is not entitled to be a member of the committee but may appoint a person to represent it on the committee; and
(e) paragraph 548 (3) (a) and sections 549, 550 and 551 of the Corporations Law apply to the committee, as if the *fund/*registered organization were being wound up, with the following modified meanings:
liquidator means the administrator of this deed;
company means the *fund/*registered organization;
Court means the Federal Court of Australia; and
(f) minutes of all resolutions and proceedings of each meeting of the committee must be made and entered in books to be provided from time to time for that purpose by the administrator; and
(g) if the minutes of a meeting purport to be signed by the chairperson of the meeting at which the resolutions were passed, or proceedings taken, or by the chairperson of the next meeting of the committee, the minutes are prima facie evidence of the matters contained in them; and
(h) unless the contrary is proved, the meeting is taken to have been duly convened and had, and all resolutions passed and proceedings taken at the meeting are taken to have been duly passed and taken.
11 Termination of deed where arrangement achieves purpose
(1) If the administrator has:
(a) applied all of the proceeds of the realisation of the assets available for the payment of creditors (including contributors); or
(b) paid to creditors (including contributors) the sum of 100 cents in the dollar, or any lesser sum determined by the creditors at a general meeting;
the administrator must give to the Council, within 28 days of that result, written notice of termination of the deed in the following form:
| Certificate of fulfilment of deed of arrangement<br>[insert name of fund or registered organization under administration]<br>I, [insert name and address] administrator of the deed of arrangement executed on [insert date], certify that the deed has been wholly given effect.<br>The deed is consequently terminated, but without prejudice to the administrator’s obligations under section 9 of the deed.<br> |
|---|
* Omit if inapplicable
Schedule 3 Modifications for subsections 82YZB (1) and (2) of the Act
(regulation 41)
1 Paragraph 556 (1) (b)
substitute
(b) if the Court ordered the winding up next, the applicant’s costs in respect of the application, unless the Court orders otherwise;
2 Paragraph 556 (1) (c)
omit
3 Paragraph 556 (1) (d)
omit
4 Paragraph 556 (1) (da)
substitute
(da) if the Court ordered the winding up — next:
(i) in relation to the winding up of a fund, costs and expenses that are payable by the registered organization conducting the fund, under any provisions of the Act, the applied Corporations Law provisions, or relevant State or Territory laws, for the preparation of reports required by the Council in relation to the winding up; and
(ii) in relation to the winding up of a registered organization, costs and expenses that are payable by the organization, under any provisions of the Act, the applied Corporations Law provisions, or relevant State or Territory laws, for the preparation of reports required by the Council in relation to the winding up.
5 Paragraph 556 (1) (db)
substitute
(db) next, costs incurred as a result of an audit process forming part of the expenses of the winding up;
6 Paragraph 556 (1) (dc)
omit
7 Subsection 556 (2), definition of company
substitute
company means a registered organization, or fund, that is being wound up.
8 Subsection 556 (2), definition of Court
insert
Court has the same meaning as in subsection 82Q (1) of the National Health Act 1953.
9 Subsection 556 (2), after definition of deferred expenses
insert
director means if the registered organization or fund, as the case may be:
(a) is a company or friendly society — a director of the company or society; and
(b) is an incorporated association — a member of the committee of management of the association; and
(c) is an unincorporated entity — a member of the governing body of the entity.
10 Subsection 556 (2), definition of employee
substitute
employee means:
(a) in relation to a fund that is being wound up, a person:
(i) who has been an employee of the registered organization conducting the fund, whether remunerated by salary, wages, commission or otherwise; and
(ii) whose employment by the organization commenced before the relevant date; and
(iii) whose employment by the organization related only to duties concerning the fund and not duties concerning the organization generally; and
(b) in relation to a registered organization that is being wound up, a person:
(i) who has been an employee of the organization, whether remunerated by salary, wages, commission or otherwise; and
(ii) whose employment by the organization commenced before the relevant date.
11 Subsection 556 (2), definition of relevant authority
substitute
relevant authority, in relation to a fund or registered organization that is being wound up, means any of the following:
(a) a liquidator or provisional liquidator of the fund or organization, as the case may be;
(b) an administrator of the fund or organization, as the case may be, even if the administration ended before the winding up began;
(c) an administrator of a deed of arrangement executed by the organization, or the organization conducting the fund, as the case may be, even if the deed terminated before the winding up began;
(d) the Council.
12 Subsection 556 (2), definition of relevant date
insert
relevant date, in relation to a winding up, means the day on which the winding up is taken, because of Division 4 of Part VIA of the Act, to have begun.
Schedule 4 Prescribed forms
(regulations 12, 30 and 42 and item 9 in Schedule 2)
Part 1 Administration of funds and registered organizations
Form 1 Notice of meeting of fund or organization under administration
- Lodged by
- Office, level, building name or PO Box No
- Street number & name
- Suburb, State, Postcode State/Territory Postcode
- Telephone ( )
- Facsimile ( )
- DX number Suburb/city
Private Health Insurance Administration Council Form 1
Notice of meeting of *fund/ *organization under administration
National Health Act 1953 (see regulation 12)
Registered organization (RO) name
RO Number (or ABN) ____________________________________________________________________
- Type of Meeting creditors (including contributors) of a fund under administration creditors (including contributors) of a registered organization under administration creditors (including contributors) of a registered organization under administration creditors (including contributors) of a *fund/*organization held under voluntary deed of arrangement
- Details of Meeting Date of proposed meeting
- Place of proposed meeting
- [set out details of purpose for which meeting is called]
- Convenor
Name _________________________________ Capacity ________________________________
RO Name ______________________________________________________________________
Signature ______________________________ Date ____________________________________
Form 2 Account by administrator of fund or registered organization
(item 9, Schedule 2)
- Lodged by
- Office, level, building name or PO Box No
- Street number & name
- Suburb, State, Postcode State/Territory Postcode
- Telephone ( )
- Facsimile ( )
- DX number Suburb/city
- Registered organization (RO) name
- RO Number (or ABN)
- Action
- Are the attached accounts final? Yes date of ceasing (dd/mm/yy)
- No period of accounts — from (dd/mm/yy) to (dd/mm/yy)
- Details of the administrator
- (tick one box) administrator of a fund
- administrator of a registered organization
- Name
- Office
- Office, floor, building name
- Street number & name
- Suburb/city State/Territory Postcode
- Country (if not Australia)
- Details of original appointment
- Date of appointment order (dd/mm/yy)
- Statements about receipts and payments
- During all preceding periods since the date of appointment
- aggregate amount of receipts $
- aggregate amount of payments $
- Amount owing under the deed at
- the date of appointment $
- date of this account $
- estimated value of property subject to the deed at date of this account $
- Statements of receipts and payments during period of this notification
- Receipts from Date Amount $
- Payments to Date Amount $
- Signature
- This form must be signed by the administrator
Name _________________________________ Capacity ______________________________
Signature ______________________________ Date _________________________________
Form 3 Administrator’s report of affairs of fund or registered organization
- Lodged by
- Office, level, building name or PO Box No
- Street number & name
- Suburb, State, Postcode State/Territory Postcode
- Telephone ( )
- Facsimile ( )
- DX number Suburb/city
Private Health Insurance Administration Council Form 3
Administrator’s report of affairs of fund/registered organization
National Health Act 1953 (see subsection 82XZC (1))
Registered organization (RO) name _____________________________________________________________________________________
RO Number (or ABN) ____________________________________________________________________
View image in the official source
Statement of Assets and Liabilities
Date to which summary is made / / (dd/mm/yy)
| Valuation (for each entry show whether amount is cost or net book amount) $ | Estimated<br>Realisable Value<br>$ | |
|---|---|---|
| 1. Assets not specifically charged: | ||
| (a) Interests in land | ||
| (b) Sundry debtors | ||
| (c) Cash on hand | ||
| (d) Cash at bank | ||
| (e) Stock as set out in inventory | ||
| (f) Work in progress as set out in inventory | ||
| (g) Plant and equipment as set out in inventory | ||
| (h) Other assets | ||
| 2. Assets subject to specific charges less amount owing | ||
| Total assets | ||
| TOTAL estimated realisable values | ||
| 3. Less preferential [claims of] creditors entitled to priority over the holders of debentures under any floating charge | ||
| 4. Less amounts owing and secured by debenture or floating charge over assets | ||
| 5. Less preferential claims estimated amount available for unsecured creditors | ||
| 6. Balance owing to partly secured creditors total claims security held | ||
| 7. Claims by contributors | ||
| 8. Creditors (unsecured) amount claimed | ||
| 9. Contingent assets<br> Estimated to produce | ||
| 10. Contingent assets<br> Estimated to rank for | ||
| Estimated deficiency/surplus (subject to costs of administration/liquidation)<br> Share capital issued<br> paid up |
Recommendations (if any) under section 82XZC of the National Health Act 1953.
[details of recommendations]
Note: Please attach relevant supporting documentation.
Verification
I verify that the particulars contained in the above summary of affairs are true to the best of my knowledge and belief.
Name _________________________________ Capacity ______________________________
Signature ______________________________ Date _________________________________
* Omit if inapplicable
Form 4 Appointment of proxy
(subregulation 30 (1))
[Insert Registered Organization (RO) Name and RO Number or ABN]
*I/*We of ,
a *creditor/*contributory/*member of appoint
________________as *my/*our *general/*special proxy to vote at the meeting of *creditors/*members/*joint meeting of members and creditors to be held on
_________ or at any adjournment of that meeting. (If a special proxy add the words ‘to vote for’ or the words ‘to vote against’ and specify the particular resolution.)
DATED:
Signed by the Appointor ] ...............................................................
in my presence ] Appointor
(Signature, address and occupation
of witness)
CERTIFICATE OF WITNESS (to be completed if the person is blind or incapable of writing: see note 2).
I certify that I have read the contents of this form to _______________________,
who has attached his or her signature or mark above.
Signature of Witness
PLEASE NOTE:
A corporation cannot attend a meeting ‘personally’. It can only do so by proxy or attorney in favour of a personal representative.
A proxy must be given under corporate seal unless:
(a) the articles of association have delegated such authority or
(b) the delegation of that authority has itself been established under seal.
The person appointing the proxy must sign the instrument of appointment of proxy, or, if incapable of writing, attach his or her mark to it.
The proxy of a person who is blind or incapable of writing must not be accepted unless:
(a) the person attaches his or her signature or mark to the instrument appointing the proxy after it has been completed; and
(b) the instrument is read to him or her by a witness to his or her signature or mark (not being the person nominated as proxy) who completes the certificate of witness set out above.
Part 2 Winding up of funds and registered organizations
Form 5 Statement of affairs of fund or registered organization
- Lodged by
- Office, level, building name or PO Box No
- Street number & name
- Suburb, State, Postcode State/Territory Postcode
- Telephone ( )
- Facsimile ( )
- DX number Suburb/city
Private Health Insurance Administration Council Form 5
Statement of affairs of *fund/*registered organization
National Health Act 1953 (see paragraphs 82YH (3) (c) and 82YL (3) (b))
Registered organization (RO) Name ______________________________________________________________________________________
RO Number (or ABN)_____________________________________________________________________
View image in the official source
Reason for Statement
winding up of fund (see Act, paragraph 82YH(3)(c))
winding up of RO (see Act, paragraph 82YL(3)(b))
Assets and Liabilities
Date of report [insert date]
| Valuation (for each entry show whether amount is cost or net book amount) $ | Estimated<br>Realisable Value $ | |
|---|---|---|
| 1. Assets not specifically charged: | ||
| (a) Interests in land as set out in schedule A | ||
| (b) Sundry debtors as set out in schedule B | ||
| (c) Cash on hand | ||
| (d) Cash at bank | ||
| (e) Stock as set out in inventory (to be annexed to this form) | ||
| (f) Work in progress as set out inventory (to be annexed to this form) | ||
| (g) Plant and equipment as set out in inventory (to be annexed to this form) | ||
| (h) Other assets as set out in schedule C | ||
| Sub Total | ||
| 2. Assets subject to specific charges, as set out in schedule D | ||
| Less amounts owing as set out in schedule D | ||
| Total Assets | ||
| Total Estimated Realisable Values | ||
| 3. Less:<br>(a) amounts payable in advance of secured creditor(s) | ||
| (b) amounts owing for tax instalment deductions and prescribed payments tax | ||
| (c) amounts owing for employee entitlements as set out in schedule E | ||
| 4. Less amounts owing and secured by debenture or floating charge over assets | ||
| 5. Less preferential claims ranking behind secured creditors as set out schedule F | ||
| 6. Balances owing to partly secured creditors as set out in schedule G | ||
| Total Claims ($ ) | ||
| Security Held ($ ) | ||
| 7. Claims by contributors as set out in schedule H | ||
| Amount claimed ($ ) | ||
| 8. Creditors (unsecured) as set out in schedule J | ||
| 9. Contingent assets ($ )<br> Estimated to produce amounts as set out in schedule K | ||
| 10. Contingent liabilities ($ )<br> Estimated to rank as set out in schedule L | ||
| Estimated deficiency or<br> Estimated surplus | ||
| Subject to costs of administration or<br> Subject to costs of liquidation |
View image in the official sourceView image in the official source Share capital $
Issued $
Paid Up $
_______________
SCHEDULES
Schedules A, B, C and D must include details of the manner of arriving at the valuation of the assets.
SCHEDULE A
INTERESTS IN LAND
| Address and description of property | Valuation<br>$ | Estimated realisable value $ | Valuation for rating purpose $ | Particulars of tenancy | Where deeds of title are held | Short particulars of title |
|---|---|---|---|---|---|---|
| <br> <br> <br> <br> <br> <br> <br> |
SCHEDULE B
SUNDRY DEBTORS (INCLUDING LOAN DEBTORS)
| Name and address of debtor | Amount owing $ | Amount realisable $ | Deficiency $ | Particulars of security (if any) held | Explanation of deficiency |
|---|---|---|---|---|---|
| <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> |
SCHEDULE C
OTHER ASSETS
| Description of deposits or investments | Cost $ | Amount realisable $ |
|---|---|---|
| <br>Deposits<br> <br> <br> <br> <br> <br> <br>Investments<br> <br> <br> <br> <br> <br> |
SCHEDULE D
ASSETS SUBJECT TO SPECIFIC CHARGES
| Description of asset | Date charge given | Description of charge | Holder of charge | Terms of repayment | Valuation $ | Estimated realisable value $ | Amount owing under charge $ |
|---|---|---|---|---|---|---|---|
| <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> |
SCHEDULE E
CLAIMS BY EMPLOYEES
| Employee's name and address | Wages $ | Holiday pay $ | Long service leave $ | Estimated liability $ |
|---|---|---|---|---|
| <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> |
SCHEDULE F
PREFERENTIAL CREDITORS (OTHER THAN THOSE SET OUT IN SCHEDULE E)
| Name and address of preferential creditor | Description of amount owing | Amount owning $ |
|---|---|---|
| <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> |
SCHEDULE G
PARTLY SECURED CREDITORS
| Name and address of creditor | Particulars of security held | Name of security | Estimated value of security $ | Amount owing to creditor $ | Amount estimated to rank as unsecured $ |
|---|---|---|---|---|---|
| <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> |
SCHEDULE H
CLAIMS BY CONTRIBUTORS
| Amounts claimable under the rules of the RO | Contributions in advance | Other |
|---|---|---|
| <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> |
SCHEDULE J
OTHER UNSECURED CREDITORS
| Name and address of creditor | Amount claimed by creditor | Amount admitted as owing | Reasons for difference between amount claimed and amount admitted (if any) |
|---|---|---|---|
| <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> |
SCHEDULE K
CONTINGENT ASSETS
| Description of asset | Gross asset $ | Amount estimated to produce $ |
|---|---|---|
| <br> <br> <br> <br> <br> <br> <br> <br> |
SCHEDULE L
CONTINGENT LIABILITIES
| Name and address of creditor | Nature of liability | Gross liability $ | Estimated rank for $ |
|---|---|---|---|
| <br> <br> <br> <br> <br> <br> <br> <br> <br> |
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Verification
I verify that the particulars contained in the above statement of the affairs of the *fund/*registered organization are true to the best of my knowledge and belief.
Signature Date
Capacity (see section 82YD National Health Act 1953)
* Omit if inapplicable
Form 6 Appointment of liquidator
(subregulation 42 (3))
View image in the official source
| Lodged by | ||
|---|---|---|
| Office, level, building name or PO Box No | ||
| Street number & name | ||
| Suburb, State, Postcode | ||
| Telephone | ( ) | |
| View image in the official sourceFacsimile | ( ) | |
| DX number |
Private Health Insurance Administration Council Form 6
Appointment of liquidator
National Health Act 1953 (see subsection 82YH (5))
Registered organization (RO) name ______________________________________________________________________________________
RO Number (or ABN)_____________________________________________________________________
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Details of person(s) appointed
- Name
- Office
- Address Level Building name
- Street number & name
- Suburb / city State / Territory Postcode
- Country (if not Australia)
- Type of appointment appointed singly appointed jointly appointed jointly and severally
- Name
- Office
- Address Level Building name
- Street number & name
- Suburb / city State / Territory Postcode
- Country (if not Australia)
- Type of appointment appointed singly appointed jointly appointed jointly and severally
View image in the official source
Terms and conditions of appointment
[details of terms and conditions]
[or]
* Details are set out in the annexure.
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Signature
Name ____________________________________________________________________________
Signature ______________________________ Date _________________________________
Note
1. Notified in the Commonwealth of Australia Gazette on 20 December 2000.