Commonwealth Consolidated Acts

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LIFE INSURANCE ACT 1995 - SECT 137

Decision to investigate

  (1)   The Regulator may investigate life insurance business of a body corporate that is a life company, or business of a body corporate that is a registered NOHC, if:

  (a)   the Regulator has given the body a show cause notice in respect of the business; and

  (b)   the body has consented to an investigation under this Division of that business.

  (2)   The Regulator may investigate life insurance business of a body corporate that is a life company, or business of a body corporate that is a registered NOHC, if:

  (a)   the Regulator has given the body a show cause notice in respect of the business; and

  (b)   the period specified in the notice for the purpose of paragraph   135(2)(b) has expired; and

  (c)   either:

  (i)   the body has not given the Regulator a statement in accordance with the notice; or

  (ii)   after having considered the statement given to the Regulator by the body, the Regulator is satisfied of the existence of the ground, or a ground, set out in the show cause notice; and

  (d)   the Regulator is satisfied that:

  (i)   if the body is a life company--it is in the best interests of owners of policies issued by the company that the business be investigated under this Division; or

  (ii)   if the body is a registered NOHC--it is in the public interest that the business be investigated under this Division.

  (3)   To avoid doubt, this section applies to a life company that is, or becomes, a Chapter   5 body corporate (within the meaning of the Corporations Act 2001 ) in the same way as the section applies to any other life company.


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