Commonwealth Consolidated Acts

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INSURANCE ACT 1973 - SECT 55

Powers of APRA or inspector

  (1)   APRA or the inspector may, by notice in writing given to a person who is a prescribed person in relation to a body corporate that is a general insurer, authorised NOHC or the subsidiary of a general insurer or authorised NOHC or in relation to a body corporate that is associated with that body corporate, require that person:

  (a)   to produce to APRA or the inspector all or any of the books relating to the affairs of the body corporate that are in the custody or under the control of that person;

  (b)   to give to APRA or the inspector all reasonable assistance in connexion with the investigation; or

  (c)   to appear before a specified authorised person or the inspector for examination concerning matters relevant to the investigation.

  (1A)   APRA or the inspector may give a notice to a prescribed person in relation to a body corporate only if:

  (a)   APRA or the inspector is investigating the whole or part of the affairs of the body corporate or a body corporate that is associated with that body corporate; or

  (b)   the notice is given for the purposes of APRA's monitoring functions under section   38.

  (2)   Where books are produced to APRA or the inspector under this section, APRA or the inspector may take possession of them for such period as APRA or the inspector thinks necessary for the purposes of the investigation and may make copies of and take extracts from them but shall permit a person who would be entitled to inspect any of them if they were not in the possession of APRA or the inspector to inspect at all reasonable times such of those books as that person would be so entitled to inspect.

  (2A)   APRA's powers under subsection   (2) to make copies of, or take extracts from, books may be exercised on APRA's behalf by an authorised person.

  (3)   A person who complies with a requirement of APRA or the inspector under this section does not incur any liability to any other person by reason only of that compliance.


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