Private Health Insurance Act 2007

CHAPTER 5 - ENFORCEMENT  

PART 5-2 - GENERAL ENFORCEMENT METHODS  

Division 203 - Remedies in the Federal Court  

SECTION 203-60   MINISTER MAY REQUIRE PERSON TO ASSIST  

203-60(1)    
The Minister may, in writing, require a person to give all reasonable assistance in connection with:

(a)    an application:

(i) for a ^[*]

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

declaration of contravention in relation to a private health insurer; or

(ii) for a declaration of contravention that specifies an ^[*]

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

officer of a private health insurer; or

(iii) for a pecuniary penalty order under section 203-10 in relation to an officer of a private health insurer; or

(b)    criminal proceedings against a private health insurer, or an officer of a private health insurer, for an offence against this Act.

The person must comply with the request.

Penalty: 5 penalty units.

203-60(2)    
(Repealed by No 87 of 2015)

203-60(3)    
The Minister must not require the person to assist in connection with an application for a declaration or order unless:

(a)    it appears to the Minister that someone other than the person required to assist may have contravened an ^[*]

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

enforceable obligation; and

(b)    the Minister suspects or believes that the person required to assist can give information relevant to the application.

203-60(4)    
The Minister must not require the person to assist in connection with criminal proceedings unless:

(a)    it appears to the Minister that the person required to assist is unlikely to be a defendant in the proceedings; and

(b)    the person required to assist is an employee or agent (including a banker or auditor) of the private health insurer concerned.

203-60(5)    
The Minister may require the person to assist regardless of whether:

(a)    an application for the declaration or order has actually been made; or

(b)    criminal proceedings for the offence have actually begun.

203-60(6)    
The person cannot be required to assist if the person is or has been a lawyer for:

(a)    in an application for a declaration or order - the person suspected of the contravention; or

(b)    in criminal proceedings - a defendant or likely defendant in the proceedings.

203-60(7)    
The Federal Court may order the person to comply with the requirement in a specified way. Only the Minister may apply to the court for an order under this subsection.