Commonwealth Consolidated Acts

PRIVATE HEALTH INSURANCE ACT 2007 - SECT 310.10

  (1)   * APRA may, if it believes on reasonable grounds that a private health insurer is capable of giving information that is relevant to:

  (a)   whether the insurer is liable to pay * risk equalisation levy; or

  (b)   the amount of risk equalisation levy that the insurer is liable to pay;

request the insurer to give APRA the information or records that are specified in the request, before the end of the period specified in the request.

  (2)   The Secretary of the Department may, if he or she believes on reasonable grounds that a private health insurer is capable of giving information that is relevant to:

  (a)   whether the insurer is liable to pay * complaints levy; or

  (b)   the amount of complaints levy that the insurer is liable to pay;

request the insurer to give him or her the information or records that are specified in the request, before the end of the period specified in the request.

  (3)   A request under subsection   (1) or (2):

  (a)   must be served on the * chief executive officer of the insurer; and

  (b)   may require the information to be verified by statutory declaration; and

  (c)   must specify the manner in which the information must be given; and

  (d)   must contain a statement to the effect that a failure to comply with the request is an offence.

  (4)   A private health insurer commits an offence if the insurer fails to comply with a request under subsection   (1) or (2).

Penalty:   60 penalty units.

  (5)   Strict liability applies to subsection   (4).

Note:   For strict liability , see section   6.1 of the Criminal Code .