97The kinds of direction that may be given

#### 97 The kinds of direction that may be given (1) The kinds of direction that a private health insurer may be given under section 96 are directions to do any one or more of the following: (a) to comply with all, or specified: (i) enforceable obligations; or (ii) provisions of the Financial Sector (Collection of Data) Act 2001; or (b) to remove an officer of the insurer from office; (c) to ensure an officer of the insurer does not take part in the management or conduct of the business of the insurer except as permitted by APRA; (d) to appoint a person as an officer of the insurer for such term as APRA directs; (e) to terminate the appointment of the appointed actuary of the insurer and to appoint another actuary to hold office for such term as APRA directs; (f) not to give financial accommodation to any person; (g) not to issue or renew any policy, undertake any liability under any policy or collect any premium; (h) not to borrow any amount; (i) not to accept any payment on account of share capital, except payments in respect of calls that fell due before the direction was given; (j) not to repay any amount paid on shares; (k) not to pay a dividend on any shares; (l) not to discharge any policy or other liability; (m) not to transfer any asset; (n) not to pay or transfer any amount to any person, or create an obligation (contingent or otherwise) to do so; (o) not to undertake any financial obligation (contingent or otherwise) on behalf of any other person; (p) to hold, or otherwise deal in a specified way, with a specified amount of capital; (q) to provide, or further provide, in its accounts for the purposes of this Act, a specified amount or an amount determined in a specified way in respect of its liabilities or the value of a specified asset of the insurer; (r) to order an actuarial investigation of the affairs of the insurer, at the expense of the insurer, by an actuary chosen by APRA; (s) to do, or to refrain from doing, an act that relates to the way in which the affairs of the insurer are to be conducted or not conducted; (t) to modify the rules of the insurer; (u) to take specified action to ensure, as far as practicable, that the insurer will be able to meet the liabilities of a health benefits fund conducted by the insurer out of the assets of the fund as they become due; (v) to take specified action to ensure, as far as practicable, that assets of a health benefits fund conducted by the insurer will provide adequate capital for the conduct of the business of the fund in accordance with this Act and in the interests of the policy holders of the fund. (2) A direction referred to in paragraph (1)(m) or (n) does not apply to the payment or transfer of money pursuant to an order of a court or a process of execution. (3) Without limiting subsection (1), a direction referred to in a paragraph of that subsection may: (a) deal with some only of the matters referred to in the paragraph; or (b) deal with a particular class or particular classes of those matters; or (c) make different provision with respect to different matters or different classes of matters.