Private Health Insurance Act 2007

CHAPTER 5 - ENFORCEMENT  

PART 5-2 - GENERAL ENFORCEMENT METHODS  

Division 203 - Remedies in the Federal Court  

SECTION 203-10   PECUNIARY PENALTY ORDER  

203-10(1)    
If the Federal Court has made a ^[*]

To find definitions of asterisked terms, see the Dictionary in Schedule 1 .

declaration of contravention that specifies an ^[*]

To find definitions of asterisked terms, see the Dictionary in Schedule 1 .

officer of a private health insurer (see paragraph 203-5(2)(d) ), the court may order the officer to pay the Commonwealth a pecuniary penalty of up to 1,000 penalty units.

203-10(2)    
The court must not make an order under subsection (1) if it is satisfied that a court has ordered the ^[*]

To find definitions of asterisked terms, see the Dictionary in Schedule 1 .

officer to pay damages in the nature of punitive damages in respect of:

(a)    the contravention of the ^[*]

To find definitions of asterisked terms, see the Dictionary in Schedule 1 .

enforceable obligation; or

(b)    the officer ' s failure to take reasonable steps to prevent the insurer contravening the enforceable obligation.

203-10(3)    
The penalty is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the ^[*]

To find definitions of asterisked terms, see the Dictionary in Schedule 1 .

officer to recover a debt due by the officer. The debt arising from the order is taken to be a judgment debt.