Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A private health insurer must credit the following amounts to a health benefits fund:
(a) premiums payable under policies of insurance that are referable to the fund;
(b) amounts paid to the insurer in relation to a liability under Division 9 in relation to the fund;
(c) income from the investment of assets of the fund;
(d) money paid to or by the insurer under a judgment of a court relating to any matter concerning the business of the fund or any failure to comply with this Part in relation to the fund;
(e) any other money received by the insurer in connection with its conduct of the business of the fund;
(f) any other amounts specified in APRA rules made for the purpose of this paragraph.
(2) This Act does not prevent a private health insurer from making a permitted capital payment to a health benefits fund.
(3) A private health insurer makes a permitted capital payment to a health benefits fund if it credits to the fund an amount that:
(a) is not required to be credited to the fund under subsection (1); and
(b) either:
(i) does not represent any part of the assets of another health benefits fund; or
(ii) is credited to the fund with APRA's written approval.
Note: Refusals to approve the crediting of an amount to a fund are reviewable under section 168.
(4) An approval under subparagraph (3)(b)(ii) is not a legislative instrument.