Commonwealth Numbered Acts

PRIVATE HEALTH INSURANCE (PRUDENTIAL SUPERVISION) ACT 2015 (NO. 85, 2015) - SECT 148

             (1)  A person commits an offence if:

                     (a)  a requirement is made of the person under section 128, 129 or 132; and

                     (b)  the person fails to comply with the requirement.

Penalty:  30 penalty units.

Note:          If a body corporate is convicted of an offence against this subsection, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the penalty stated above.

             (2)  However, a person is only required to comply with a requirement referred to in paragraph (1)(a) to the extent that the person is capable of doing so.

Note:          A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code ).