70Powers of managers

#### 70 Powers of managers (1) While a health benefits fund is under external management or terminating management, the manager has power, in the interests of the policy holders of the fund: (a) to control the business, affairs and property of the fund; and (b) to carry on the business of the fund, and to manage the affairs and property of the fund; and (c) 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 (d) 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 (e) to appoint a lawyer to assist him or her in his or her duties; and (f) 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 (g) 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. (2) The rights of the following: (a) the insurer; (b) any of the insurer’s officers or employees; (c) 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. (3) Nothing in this Division or in section 42 or 53 is taken to imply that an officer or employee of the insurer, or an external administrator, ceases to be an officer or employee, or an external administrator.