4Interpretation

#### 4 Interpretation (1) In this Act: > ADI means an authorised deposit‑taking institution within the meaning of the Banking Act 1959. > application provision: see subsection 65(2). > applied Corporations Act provision: see subsection 65(3). > appointed actuary of a private health insurer means the person appointed as the actuary of the insurer in accordance with Division 2 of Part 5. > approved form: see section 172. > APRA means the Australian Prudential Regulation Authority. > APRA rules: see subsection 174(1). > APRA staff member has the same meaning as in the Australian Prudential Regulation Authority Act 1998. > assets of a health benefits fund: see section 26. > chief executive officer of a private health insurer means the person who is primarily and directly responsible to the directors of the insurer for the general and overall management of the insurer. > civil penalty order: see subsection 156(2). > complying health insurance policy has the same meaning as in the Private Health Insurance Act 2007. > complying health insurance product has the same meaning as in the Private Health Insurance Act 2007. > constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. > cover, in relation to an insurance policy, has the same meaning as in the Private Health Insurance Act 2007. > declaration of contravention means a declaration under subsection 155(1). > dependent person has the same meaning as in the Private Health Insurance Act 2007. > director has the same meaning as in the Corporations Act 2001. > disqualified person: see sections 119 and 121. > enforceable obligation means any of the following: (a) a provision of this Act; (b) a direction given under this Act; (c) a provision of the risk equalisation levy legislation; (d) if the registration of a private health insurer is subject to terms and conditions (see subsection 15(1))—those terms and conditions; (e) 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). > Note: References to this Act include prudential standards and APRA rules (see the definition of this Act in this subsection). > 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: (i) a liquidator or provisional liquidator; (ii) a receiver, manager, managing controller, receiver and manager or other controller; (iii) an administrator or a scheme manager; or (b) 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, in relation to a health benefits fund, 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, in relation to a health benefits fund, means an external manager or terminating manager of the fund. > net asset position of a health benefits fund means the difference between: (a) the assets of the fund; and (b) 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) a director of the insurer; or (b) a chief executive officer of the insurer; or (c) any other person who has or exercises senior management responsibilities (within the meaning of prudential standards) for the insurer. > penalty includes forfeiture or punishment. > 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) a liability that has arisen under an insurance policy; or (b) 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) a structure, building, vehicle, vessel or aircraft; (b) a place (whether or not enclosed or built on); (c) 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) a proceeding in a court; or (b) 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: (a) 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 (b) 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 (ii) 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, in relation to the health benefits funds of a private health insurer, 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) a deed of arrangement agreed on at a meeting of a kind referred to in section 58; or (b) such a deed as varied in accordance with APRA rules made for the purpose of this paragraph. (2) To avoid doubt, a reference in this Act to another Act includes a reference to any regulations, rules, standards or other instruments made, and to any conditions imposed, under that other Act. > Note: For example: (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.