Private Health Insurance Act 2007

CHAPTER 5 - ENFORCEMENT  

PART 5-2 - GENERAL ENFORCEMENT METHODS  

Division 203 - Remedies in the Federal Court  

SECTION 203-5   DECLARATIONS OF CONTRAVENTION  

203-5(1)    
If the Federal Court is satisfied that a private health insurer has contravened an ^[*]

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

enforceable obligation, it must make a declaration of contravention.

203-5(2)    
The declaration must specify:

(a)    the ^[*]

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

enforceable obligation that was contravened; and

(b)    the private health insurer that contravened the provision; and

(c)    the conduct that constituted the contravention; and

(d)    if the court is satisfied that an ^[*]

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

officer of the private health insurer failed to take reasonable steps to prevent the insurer contravening the enforceable obligation - the officer.

203-5(3)    
A ^[*]

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

declaration of contravention is conclusive evidence of the matters mentioned in subsection (2) .