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.