(1) Despite section 121 - 1, * health insurance business does not include the business of undertaking liability, by way of insurance, to pay a lump sum, or to make periodic payments, on the happening of a personal accident, disease or sickness.
(2) However, this section does not apply to:
(a) business where liability is undertaken with respect to loss arising out of a liability to pay fees or charges in relation to the provision in Australia of * hospital treatment or * general treatment; or
(b) business of a kind specified in the Private Health Insurance (Health Insurance Business) Rules for the purposes of this paragraph.