57Rights of chargee, owner or lessor of property of fund under external management

57 Rights of chargee, owner or lessor of property of fund under external management

(1) In the application of the provisions of Division 7 of Part 5.3A of Chapter 5 of the Corporations Act 2001 in relation to the property of a health benefits fund under external management: (a) the provisions of that Division are taken not to include section 441A; and (b) subsection 441D(1) is taken not to include the words following paragraph 441D(1)(b). (2) Nothing in that Division as so applying prevents: (a) the external manager of a health benefits fund giving written consent; or (b) 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: (c) that the charge does not relate to the property of the fund under external management; and (d) that the enforcement of the charge will not be materially detrimental to the interests of the policy holders of the fund.