Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
(1) This section applies if an employer asks an approved insurer, in writing, for a certificate (a certificate of currency ) for a compulsory insurance policy held by the employer with the insurer.
(2) Not later than 5 business days after the day the approved insurer receives the request, the insurer must give the employer a certificate of currency if—
(a) the employer has not been given a certificate of currency for the policy within the last 6 months; or
(b) the employer has been given a certificate of currency for the policy within the last 6 months, but either—
(i) the details of the risk covered by the policy have changed since the certificate was issued; or
(ii) the employer reasonably requires another certificate.
Example of reasonably requiring another certificate
the previous certificate has been destroyed in a fire
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).
(3) The certificate of currency must—
(a) state the details given by the employer to the approved insurer under—
(i) section 159 (Six-monthly information for insurers); or
(ii) if no information has been given by the employer to the insurer under section 159—section 155 (Information for insurers on application for issue or renewal of policies); and
(b) state the period for which the employer is insured under the policy; and
(c) state the period of not longer than 6 months for which the certificate is current.
(4) However, the approved insurer need not give the employer a certificate of currency if—
(a) the employer is in default under the insurance policy held by the employer with the insurer; and
(b) the insurer has told the employer, or tells the employer not later than 5 business days after the day the employer asks for the certificate, that the employer is in default under the policy.
161 Requirement to produce certificate of currency
(1) An employer commits an offence if—
(a) the employer holds a compulsory insurance policy with an approved insurer; and
(b) an authorised person asks to see a certificate of currency for the policy; and
(c) the employer does not produce a certificate of currency for the policy for inspection.
Maximum penalty: 50 penalty units.
(2) It is a defence to a prosecution for an offence against subsection (1) if—
(a) the defendant has a reasonable excuse for failing to produce the certificate of currency when required to; and
(b) either—
(i) not later than 7 business days after the day (the request day ) the defendant is required to produce the certificate, the defendant produces the certificate for inspection at a place prescribed by regulation for this subsection or at a place directed in writing by the authorised person; or
(ii) the defendant establishes that the defendant took reasonable steps to produce the certificate to the authorised person not later than 7 business days after the request day.
(3) An offence against this section is a strict liability offence.
(4) In this section:
"authorised person", in relation to a certificate of currency for a compulsory insurance policy, means—
(a) an inspector; or
(b) the principal of a worker who is, is to be, or could reasonably be expected to be, covered by the policy; or
(c) an industrial union of workers representing a worker employed by the employer.
"certificate of currency" — see section 160.
"principal", of a worker—if the worker is employed to fulfil a contract the employer has with someone else to do work in the other person's trade or business, the other person is the principal of the worker.