Australian Capital Territory Numbered Acts

ROAD TRANSPORT (THIRD-PARTY INSURANCE) ACT 2008 (NO. 1 OF 2008) - SECT 202

    (1)     On application by the CTP regulator, the consumer and trader tribunal may take disciplinary action against the licensed insurer that the consumer and trader tribunal may take under the Consumer and Trader Tribunal Act 2003 .

Examples—disciplinary action consumer and trader tribunal may take under Consumer and Trader Tribunal Act 2003

1     reprimand the person (see  s 46 (1) (b))

2     order the person to give a written undertaking (see  s 46 (1) (c))

3     direct the CTP regulator to place a condition on the person's licence, or to remove or amend a condition on the person's licence (see  s 46 (1) (d))

4     give the person a direction (see  s 46 (1) (e))

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     However, in taking disciplinary action against a licensed insurer under the Consumer and Trader Tribunal Act 2003 —

        (a)     a reference to the commissioner is taken to be a reference to the CTP regulator; and

        (b)     the reference in section 46 (1) (a) (Other disciplinary action) to—

              (i)     $1 000 is taken to be a reference to $10 000; and

              (ii)     $5 000 is taken to be a reference to $50 000.

    (3)     Also, if a licensed insurer is convicted of an offence under section 188 (Offence—contravening licence condition) in relation to an act or omission, the consumer and trader tribunal must not order the licensed insurer to pay an amount to the Territory or someone else under the Consumer and Trader Tribunal Act 2003 , section 46 (1) (a) in relation to the same act or omission.

    (4)     If the consumer and trader tribunal orders a licensed insurer to pay a penalty, the penalty must be paid into the nominal defendant fund.